Day: March 18, 2024

When a TUPE transfer occurs, before the transfer, both the old and new employers must by law, inform and consult with a recognised trade union or employee representatives. To ‘inform’ is when you tell your affected employees or their representatives the facts about the transfer. To ‘consult’ is when you talk and listen to affected employees or their representatives on expected ‘measures’ which are effectively changes that could affect employees and genuinely consider their views. There is no fixed length of time for employers to inform and consult employees and…

Is it the employer or the employee? LinkedIn contacts are key for many employers, as they may use LinkedIn to generate new business contacts. Departing employees could use the LinkedIn contacts that they created during their employment for their own, or a competitors’ benefit. So many employers will want their employment contractual terms and procedures to protect their business and its intellectual property. Many businesses will include standard confidentiality provisions, which will prohibit the use of confidential information belonging to the company. They may also have terms which specifically mention…

You’ve probably heard the term ‘constructive dismissal’ before, but are you clear on what it actually means? Constructive dismissal is the term that applies when a change to an employee’s working conditions or unfair treatment forces them to quit. Sometimes this is confused with unfair dismissal, which is where you fire the employee. With constructive dismissal, the employee feels “forced” out of the business due to conditions beyond their control (such as their employer’s behaviour). Usually, an employee can only claim constructive dismissal if they’ve been employed with a company…