header-logo header-logo

14 April 2016 / Ian Smith
Issue: 7694 / Categories: Features , Employment
printer mail-detail

Employment law brief: 14 April 2016

Ian Smith rounds up the latest developments in the world of employment law

The four Employment Appeal Tribunal (EAT) cases considered this time reflect a common mixture in employment law of ancient and modern. The first three concern longstanding issues in basic individual employment law, namely: (i) the relationship between constructive dismissal and overall unfairness; (ii) how a tribunal should deal with a sickness case where the allegation is that the employee has been indulging in an unacceptable element of lead-swinging; and (iii) returning to constructive dismissal, how it should be applied in a redundancy (as opposed to unfair dismissal) context. The fourth case, however, concerns a very modern concept, namely salary sacrifice schemes, and how they fit into existing law. The particular issue, on which there has been some speculation recently, was whether childcare benefits supplied under such a scheme continue to accrue during maternity leave. The EAT, holding that they do not, considers the essential nature of such schemes and holds that they constitute “remuneration” for statutory purposes. This is an interesting

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll