September 2015 Employment Law Newsletter



The Employment Appeal Tribunal recently considered a claim regarding the extent of the obligation under the Agency Workers Regulations 2010 to provide details of vacancies to temporary staff. The decision confirms that this obligation is limited to simply giving agency workers a right to be informed of vacancies within the company they are placed with. It did not agree that there was any extended obligation to afford agency workers equal status with comparable permanent employees in being considered for a vacancy.


From 1 October 2015, under the Deregulation Act 2015 (DRA 2015):


A recent case considered whether an employee who is permanently off work sick be assigned to an organised grouping of employees in the event of a TUPE transfer. The case involved an employee who had spent over 5 years off sick with no indication of ever being able to return to work. The applicable PHI benefits and discretionary sick pay had been exhausted, yet he remained ‘on the books’ of a particular part of the business. When that part of the business was transferred and TUPE applied, an employment tribunal held that the employee off sick did not transfer because he was no longer assigned to the organised grouping of transferred employees. The Employment Appeal Tribunal dismissed the appeal against this decision, confirming that to be assigned to the organised grouping, the absent employee required some level of participation or an expectation of future participation in carrying out the “relevant activities”. This permanent inability was contrasted with maternity leave, where the absence could be regarded as temporary and therefore the administrative connection alone was not enough.


ACAS has published new guidance to help employers with recruitment and inductions for new staff. It includes guidance on the documents required and the advertising process. You can find out more here


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