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Supreme Court re-instates injunction preventing Tesco from using fire and re-hire to remove ‘permanent’ right to retained pay

Adrian Fryer

Adrian Fryer

In 2007, Tesco re-organised its warehouses resulting in mass relocations. As an alternative to potential redundancy, Tesco negotiated with USDAW (the recognised trade union) that it would give any staff, who stayed on and agreed to be relocated, a ‘Retained Pay’ payment which would be paid to them each month. ‘Retained Pay’ was described in the contracts of employment as ‘permanent’. In 2021, Tesco attempted to remove Retained Pay by firing and re-hiring on new terms which excluded Retained Pay.

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Adrian Fryer

Adrian Fryer (Sport)

Adrian Fryer

As part of his employment law practice, Adrian has advised professional sportsmen and women, as well as clubs and agents, on various aspects of sports law, including:

  • advising footballers and their agents in relation to settlement agreements when players move clubs.
  • advising a football club on a serious disciplinary matter involving a professional player
  • representing a golf professional in an Employment Tribunal case for age discrimination
  • advising a golf club on its rules in respect of expulsion of members
  • advising members of the PCA (Professional Cricketers Association) in relation to employment matters / contracts
  • advising the agent of a high-profile rugby league player who was changing codes to move to rugby union

Email: adrian.fryer@bermans.co.uk

Tel: 0151 224 0539

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Sexual harassment New mandatory duty – Will your organisation be compliant?

Sarah Collier

The landscape surrounding sexual harassment in the workplace has changed significantly following the #MeToo movement dating back to 2017. Since then, following reports published in 2021 by the Equality and Human Rights Commission (EHRC) and the Women and Equalities Select Committee (WESC), the government acknowledged that existing legal protections against harassment in the workplace left room for improvement. It launched a consultation to consider sexual harassment in the workplace including whether a mandatory duty should be imposed upon employers to ensure employees are better protected from sexual harassment.

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Employee Ownership Trusts – a win-win path to succession

Robin Hastings

The utilisation of Employee Ownership Trusts (EOTs) as a way of exiting a business has grown massively in recent times. This is partly due to the considerable tax benefits it can propose for a selling shareholder, but also because of the long-term advantages it can create for the business subject to the sale.

This article summarises EOTs typical structures and highlights some of its key advantages– for both the selling shareholders and the company being sold.

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