http://www.isnare.com/?s=author&a=Tim+Davies Legal Tim Davies Tue, 31 Jul 2007 00:00:00 -0700 http://www.isnare.com/?aid=171577&ca=Legal All strands of the discrimination legislation contain a prohibition on “victimisation”, preventing an employer from subjecting an employee to any detriment by reason of the fact that the employee has made an allegation or claim of unlawful discrimination. Without such protection from reprisals, the... Legal Tim Davies Tue, 31 Jul 2007 00:00:00 -0700 http://www.isnare.com/?aid=171578&ca=Legal Background Where a TUPE transfer takes place, the "affected employees" employed by the transferor will transfer to the transferee under their existing terms of employment and with their continuity of employment unbroken. Following the transfer, the transferee will automatically assume liability for... Legal Tim Davies Tue, 31 Jul 2007 00:00:00 -0700 http://www.isnare.com/?aid=171579&ca=Legal Those of you who attended our Autumn Conference in 2006 may be interested to learn of some recent developments in the area of whistleblowing – that is, claims of suffering a detriment or dismissal on account of making a protected disclosure under the Public Interest Disclosure Act 1998 (PIDA). The s... Legal Tim Davies Tue, 31 Jul 2007 00:00:00 -0700 http://www.isnare.com/?aid=171581&ca=Legal The relationship between employer and employee is founded on a continuing bond of trust and confidence. In relation to this, the terms ‘duty of fidelity’ and ‘fiduciary duties’ have arisen in relation to employees and directors respectively. These terms have been around for many years but defining t... Legal Tim Davies Tue, 31 Jul 2007 00:00:00 -0700 http://www.isnare.com/?aid=171583&ca=Legal Incapability Dismissals Contrary to popular belief ‘ill health’ is a potentially fair reason for dismissal since it relates to the employee’s capability to perform the work that they were employed to do. However, in the context of incapability dismissals, the Employment Tribunal will scrutinise the...