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Employment - Legal Updates

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Feb
17
2012

Draft order : employment judges to sit alone to hear unfair dismissal claims
#Employment

The draft Employment Tribunals Act 1996 (Composition) Order is expected to come into force on 6 April 2012. The governmnet originally proposed the change in "Resolving work disputes: a consultation" and is part of wider reforms to the employment tribunal system. Employment tribunals normally comprise of an employment judge and two lay memeber however under section 4 (3) of the Employment Tribun...

Feb
17
2012

EAT hold expiry of a fixed term contract is not redundancy for the purposes of collective consultation
#Employment

When an employer is proposing to dismiss as redundant 20 or more employees at one establishment within a period of 90 days, the employer must consult all appropriate representatives of the employees who may be dismissed....

Feb
16
2012

Employee who had 1 in 4 days off sick wins unfair dismissal claim
#Employment

Train driver Darrin Thomas took 134 days of sick in less than two years because he suffered from Asthma....

Feb
16
2012

Top reasons for dismissal in 2011
#Employment

According to a survey completed by computer security firm Falcongaze, the top 5 reasons for the dismissal of office workers in 2011 were: The inappropriate use of working time and internet usage (26%) Making negative remarks about their employer or its management team on the internet (19%) Breach of company policies and procedures (16%) The employee searching for a new role (15%) Irrespons...

Feb
15
2012

Paid maternity leave for surrogate mothers
#Employment

The Newcastle employment tribunal is to make a reference to the ECJ concerning whether, under EU law, a woman who becomes a mother by way of a surrogacy arrangement should be entitled to paid maternity leave to bond with her baby, establish breastfeeding and maintain and develop her family life....

Feb
14
2012

Employer not liable for act of victimisation after employment had been terminated
#Employment

The employment tribunal in the case Jessemey v Rowstock Ltd and another has held that an employer cannot be liable for acts of victimisation after the employee`s employment has been terminated....

Feb
13
2012

Christian Hotel Owners lose appeal against discrimination ruling
#Employment

Last week the Court of Appeal confirmed that Christian hotel owners Peter and Hazelmary Bull discriminated against civil partners Steven Preddy and Martyn Hall by refusing to allow them to share a double bed in 2008....

Feb
13
2012

Draft order increasing the qualifying period for unfair dismissal to 2 years
#Employment

Following our previous blog announcing proposals to increase the qualifying period for unfair dismissal from 1 year to 2 years, the draft Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 2012 has now been published....

Feb
10
2012

Maximum Employment Tribunal deposit to increase from £500 to £1000
#Employment

If an employment judge considers that all or part of a claim (or response) has little reasonable prospect of success, the judge can order the party in question, under the Employment Tribunal Rules, to pay a deposit of up to £500 as a condition of being permitted to take further part in the proceedings....

Feb
09
2012

CIPD publishes Apprenticeships that work: a guide for employers
#Employment

The CIPD has published Apprenticeships that work: a guide for employers as a one-stop-shop for employers looking to offer apprenticeships....

Feb
07
2012

Apprenticeships Week 2012
#Employment

The Prime Minister, David Cameron, has announced a new round of Government funding to support thousands of apprenticeships and help deliver the world class skills firms need to drive growth...

Feb
06
2012

England coach Fabio Capello may have breached his contract by expressing his views on John Terry being demoted as captain.
#Employment

Reports on the BBC Website today say that Fabio Capello may be in breach of his contract having expressed to Italian TV Channel RAI that he found the FA`s decision to force Terry to step down as Captain unfair....

Feb
06
2012

Employee or Independent Contractor?
#Employment

Employment contracts often label the employment status of a worker as either "employee" or "independent contractor".  The main difference between the two being that employees have greater protection under employment laws and the employer is responsible for deducting PAYE and class 1 national insurance contributions....

Feb
02
2012

West end stars of Legally Blonde row over right to return from maternity leave
#Employment

It is a subject which has caused much debate over the past few days, and has led to a number of "twitter wars" breaking out....

Feb
01
2012

Can a fixed share equity partner be an employee?
#Employment

In Tiffin v Lester Aldridge LLP Mr Tiffin was a fixed-share partner in Lester Aldridge LLP. When Mr Tiffin was dismissed in February 2009, Mr Tiffin brought claims in the Employment Tribunal ("ET") and in doing so sought to establish that he was an employee....

Feb
01
2012

Tribunal Award Limit Changes 1 February 2012
#Employment

With effect from today, the maximum compensatory award for unfair dismissal increases from £68,400 to £72.300.Other changes coming into force today include:-  The limit on the amount of a week`s pay for statutory redundancy payments and the basic award for unfair dismissal will increase from £400 to £430 an increase in the maximum amount of a guarantee payment payable to an employee from £22....

Feb
01
2012

Will you keep your New Year resolutions?
#Employment

No chocolate, go to the gym etc etc etc ......How about trying some HR ones instead!...

Feb
01
2012

Collective Redundancy: Definition of Establishment
#Employment

Former employees of Woolworths have successfully brought an action for its failure to inform and consult, in connection with a collective redundancy procedure....

Jan
30
2012

Third party harassment must relate to a protected characteristic
#Employment

Clarkslegal LLP was instructed to act on one of the first employment tribunal cases concerning third party harassment....

Jan
30
2012

Tribunal finds traffic warden WAS unfairly dismissed
#Employment

At the start of January buddy blogged about a traffic warden who had brought a claim of unfair dismissal after he was allegedly dismissed for refusing to issue the public with excessive amounts of tickets....

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