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Nov
09
2011

Wearing a poppy at work is not a "belief" for the purposes of discrimination law
#Employment

The Equality Act 2010 (“EqA 2010”) prohibits discrimination in the workplace because of religion or belief.  Guidance from case law states that a” belief” must: be a belief, not an opinion; be genuinely held; be a belief as to a weighty and substantial aspect of human life and behaviour; attain a certain level of cogency, seriousness, cohesion and importance; an...

Nov
08
2011

Employees On Long Term Sick Must Claim Holiday In Order To Be Paid
#Employment

The Employment Appeal Tribunal has held in In Fraser v Southwest London St George`s Mental Health Trust that an employee on long-term sick leave must request annual leave, during the year in question, in order to be paid for it....

Nov
08
2011

Inconsistency of treatment will not necessarily be unfair
#Employment

General Mills (Berwick) Ltd v Glowacki (2011) The EAT has found that it was not unfair to dismiss an employee for breach of health & safety procedures, just because it treated another employee in a similar scenario differently. Mr Glowacki worked as an electrician for General Mills (Berwick) Ltd.  When repairing a machine, he disabled certain sensors and entered the body of the ma...

Nov
04
2011

New tribunal statistics suggest flexible working is not a burden on employers
#Employment

The Chartered Institute of Personnel and Development (CIPD) has made a Freedom of Information request for information on the number of employment tribunal claims relating to the right to request flexible working. Figures generated by the CIPD indicate that in 2010/2011, a total of 218,100 tribunal claims were accepted. From this on 277 claims alleged that their employers had failed to consider a...

Nov
03
2011

Rumours & Red Tape
#Employment

There were a number of news stories circulating last week about the Government`s possible future approach to employment law. We take a look behind the headlines, as well as examining some of the more concrete plans to shake up employment law in the future....

Nov
02
2011

Incorporation of the disciplinary policy
#Employment

The case of Hussain v Surrey and Sussex Healthcare NHS Trust highlighted what factors the Court should consider when deciding whether a provision should have contractual effect.  It was said the relevant factors included: (a) the importance of the provision to the contractual working relationship; (b) the level of detail prescribed by the provision; (c) the certainty of what the provisi...

Nov
02
2011

Millionare awarded £1,000 in costs against a Claimant in Tribunal Proceedings
#Employment

Thomas Salwey was employed as Security Guard at the estate of one of the UKs richest men, Felix Dennis who has an estimated fortune of £500 million.He was allegedly dismissed for  failing to complete a number of tasks associated with his job, including: failing to give water to the estates chickens; not watering the  lawn; not washing up cups after hims...

Nov
01
2011

Illegality and Immigration Restrictions
#Employment

Okuoimose v City Facilities illustrated that in an employee’s claim for non payment of contractual wages, there is no defence for an employer to state they did have reasonable knowledge that the employee’s contract was illegal but feared they would be exposed to penalties.  The EAT says the question was whether the contract was illegal, not whether it wa...

Nov
01
2011

Disciplinary process pitfalls
#Employment

In the case of Dr Lim v Royal Wolverhampton Hospitals NHS Trust, a hospital consultant, Dr Lim, sought an injunction to prevent the Trust from conducting disciplinary hearings into alleged capability and conduct issues.  He argued that proceeding straight to a disciplinary hearing, without a prior professional standards review, was in breach of the Trust’s disciplinary and conduct poli...

Oct
28
2011

Court of appeal rules on causation in whistleblowing detriment cases
#Employment

In NHS Manchester v Fecitt and others [2011] EWCA Civ 1190, the Court of Appeal considered what the appropriate test of causation is in whistleblowing detriment cases.   It held that in order to avoid liability under the whistleblowing legislation, an employer must demonstrate that the making of the protected disclosure did not materially influence (‘material’ being more than t...

Oct
28
2011

Judicial review of Government`s decision to calculate public service pension increases using CPI
#Employment

In the 2010 budget the Government announced that it would adopt the Consumer Price Index (CPI) instead of the Retail Price Index (RPI) for calculating increases in public service pensions from April 2011. On Tuesday 25 October 2011 a joint legal challenge launched in the High Court by unions and other pensioners’ organisations. The Government is facing two challenges to the change. The jud...

Oct
26
2011

Report argues for unfair dismissal law to be abolished
#Employment

A leaked Government report, commissioned by the Prime Minister, calls for the right for employees to claim unfair dismissal, to be abolished. The report comes from Adrian Beecroft, a venture capitalist and Conservative Party donor.  Mr Beecroft`s report also argues that the unfair dismissal law is particularly abused by some in the public sector. Downing Street has denied any plans to...

Oct
26
2011

Dismissal can still be fair even if it is for a different reason to that relied upon by an employer
#Employment

Mr Screene was a financial controller for Seatwave Limited, a sporting and entertainment events ticketing business.  Seatwave Limited was the victim of a fraud when approximately €1.7m was lost from its German bank account.  It was Mr Screene’s responsibility to monitor this account.  Following a disciplinary process the employer decided to summarily dismiss Mr Screene c...

Oct
25
2011

Immigration: Tier 2 Shortage Occupation List Reduced
#Employment

The revised Tier 2 Shortage Occupation List has been released by the government. The updated list will become valid from 14 November 2011. The government have accepted the Migration Advisory Committee’s (MAC) latest recommendations to reduce the number the jobs covered on the shortage occupation list by 40,000 to a total of 190,000. The shortage occupation list is part of the Tier 2 immig...

Oct
24
2011

Re-engagement and Alternative Vacancies
#Employment

King v Royal Bank of Canada (RBC) illustrated that finding a dismissal was genuinely based on the grounds of redundancy, does not remove the need to consider the remedies of reinstatement or re-engagement. In this case, Ms King was dismissed as a consequence of redundancy.  Incidentally, the dismissal was deemed to be automatically unfair as the employer failed to follow the statutory...

Oct
21
2011

Compensation for loss earnings correctly reduced to zero
#Employment

Employees can be awarded compensation for loss of earnings at Tribunal but they are also under a duty to mitigate their loss. This means that employees need to apply for jobs and accept job offers where they can. Once an employee has started new employment, their compensation for loss of earnings will usually stop at this date....

Oct
21
2011

What happens when a compromise agreement goes wrong?
#Employment

Celia Elizabeth Farnon, a Hedge Fund Manager has filed a High Court claim against a law firm who advised her in relation to a discrimination claim against her former employer....

Oct
19
2011

Employing authority was unreasonable in refusing an ill-health early retirement pension: Parry (81376/1)
#Employment

The Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007 (SI 2007/1166) ("the LGPS Regulations") regulates the position on ill-health early retirement ("IHER") for the Local Government Pension Scheme ("LGPS")....

Oct
17
2011

First conviction under the Bribery Act 2010
#Employment

Munir Patel, a clerk in the Redbridge Magistrates Court, has become the first person to be prosecuted and convicted under the Bribery Act 2010 after admitting to bribery and misconduct in a public office....

Oct
14
2011

Issuing a notice of termination by mistake cannot be withdrawn
#Employment

The Court of Appeal has upheld the EAT`s decision in CF Capital v Willoughby concluding that an employer was unable to withdraw notice of termination given to an employee as a result of a "misunderstanding." CF Capital sought to rely on the "special circumstances" exception which would allow the employer to retract the notice. However, the Court of Appeal (in agreement with the EAT) held that the notice given by the employer was clear and unambiguous and provided a clear intention to terminate....

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