29 June - 10 July 2009

TUPE: Guidance on service provision changes

The Employment Appeal Tribunal (EAT) has considered the correct approach for determining whether or not a change of service provider falls within TUPE 2006.

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Update: Challenge to temporary agency worker rights after only 12 weeks

In December last year, we reported on the important changes to the pay and benefits of agency workers which are to be implemented by December 2011 (click here for our earlier update).  Under the directive, agency workers must have the right to equal basic working and employment conditions comparable to those of permanent employees.  The UK Government has said that this will only be after 12 weeks of being in the job.  However, this is subject to a challenge from the Association of Recruitment Consultants ("ARC").

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'Sleeping-in allowances' taken into account when calculating minimum wage

The EAT has held, in Smith v Oxfordshire Learning Disability NHS Trust (UKEAT/0176/09), that payment of a worker's 'sleeping allowance' was to be taken into account when considering the worker's average hourly pay for national minimum wage purposes..

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Disability Discrimination Update

The House of Lords' decision, in SCA Packaging Limited v Boyle, makes it easier for many individuals, in a wide range of situations, to be able to establish that they are afforded protection under the Disability Discrimination Act 1995

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