Phil Boucher

About Phil Boucher

TUPE and pre-packs,recent developments

29 Dec 2009

Uncertainty over whether TUPE applies to staff who switch employers when insolvent businesses are rescued persists despite a Court of Appeal decision in Oakland v Wellswood. The court held that section 218 of the ERA operated to give Oakland the necessary service to bring an unfair dismissal claim without any need to rely on TUPE. It said it could not give a binding ruling on whether or not administration necessarily excludes the application of TUPE, although it said it was a strongly arguable point. Where does this decision leave employment law?

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Head to Head: Flexible New Deal

4 Nov 2009

From last month, various New Deal programmes - the cornerstone of the government's active labour market policies since 1997 - were replaced by the Flexible New Deal . This will aim to help more than 200,000 long-term unemployed people into work each year. After 12 months of unemployment, claimants will be referred to private or third sector contractors, which will be paid by results to find them work. What does it mean for employers?

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Opinion: What the experts think of the CBI’s Alternatives to Redundancy proposal

15 Sep 2009

The CBI has called on the government to implement an Alternative to Redundancy (ATR) scheme “as soon as possible”. Under...

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City gender pay gap: What employers should be doing

14 Sep 2009

Female bankers are getting bonuses worth 80% less than their male counterparts, a survey by watchdog the Equality and Human...

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No-win no-fee lawyers: experts debate the issues

1 Jul 2009

The Ministry of Justice has announced plans to clamp down on 'no-win, no-fee' lawyers. These damages-based actions, known as 'contingency fee agreements' , are most common in Employment Tribunal proceedings, and have been held partly responsible for the huge rise in equal pay claims being brought to tribunal. But is the clampdown necessary? And will it make any real difference?

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BA staff work for free: selling the unsellable

18 Jun 2009

British Airways has offered 40,000 staff the option to work for free for up to a month to protect their...

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Head to Head: extending parental leave rights

29 May 2009

In May the European Parliament voted against extending the minimum length of parental leave across the EU to 20 weeks...

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Holiday accrual during sickness: head to head

9 Mar 2009

The issue of long-term sickness absence has always been an emotive problem for employrs. Now, in a key case, the European Court of Justice has ruled that workers are entitled to four weeks' holiday pay for each year they are absent through sickness, giving employers another headeache. But is this a case of yet another burdensome benefit, or should businesses just accept the ruling and move on?

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Relocation: moving with the times

4 Mar 2009

As the recession deepens, many organisations are relocating their premises to cut overheads. But moving offices can be a positive experience if well handled. Phil Boucher reports.

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Union wins settlement 16 years on

1 Feb 2009

The union Unite has finally secured up to £8.4m compensation for thousands of employees unfairly dismissed by Leyland DAF –...

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Reducing working hours and pay – legal dilemma

1 Feb 2009

I have been told by my managing director that the business is finding it hard to generate enough work to...

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Holiday pay due during long-term sick leave

1 Feb 2009

In one of the most anticipated cases of this year, the European Court of Justice (ECJ) has ruled that holiday...

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Head-to-head: European Works Councils

11 Jan 2009

The European Commission plans to revise the European Works Council Directive and has issued proposals that redefine the nature of...

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Religious rights at work

1 Dec 2008

Q Does the Ladele case – where registrar Lillian Ladele won religious discrimination case after refusing to officiate at civic...

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Head to head: mandatory retirement

14 Nov 2008

Whether it's the result of better healthcare, improved living standards or safer working conditions, the demographics of the UK's workforce are tipping heavily in favour of older employees. Does this mean the default retirement age should be scrapped, or should employers still have the right to weigh up requests to work on an individual basis - no matter how much loyal service an employee has put in?Phil Boucher asks the experts.

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