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Dec
13
2011

Claimant had no right to see redundancy interview notes
#Employment

A recent EAT decision highlights that a flaw in one stage of the redundancy process will not render a dismissal unfair...

Dec
12
2011

Live-in housekeepers & the NMW
#Employment

The National Minimum Wage (NMW) does not apply to those who live in their employer`s family home, are treated as a member of the family and are not charged for food or accommodation....

Dec
09
2011

Consultation on Modern Workplaces: Government delays response
#Employment

The Department for Business, Innovation and Skills has recently announced that the publication of the government`s response to the Consultation on Modern Workplaces will be delayed.  The have stated that "due to ongoing discussions within Government, there will be a delay in publishing the Government`s response to the Modern Workplaces Consultation.  The Government response will be...

Dec
08
2011

Ghost of Christmas Future
#Employment

With the Christmas season now upon us, what gifts can employers expect to receive from the Government in 2012 and beyond?...

Dec
06
2011

Marital Discrimination
#Employment

The EAT held in Dunn v Insititute of Cemetry and Crematorium Management that where an employer treats a married person less favourably because of whom they are married to, this can amount to unlawful discrimination....

Dec
05
2011

Injury to feelings and aggravated damages
#Employment

In cases involving whistleblowing and discrimination claims, a tribunal may make awards for injury to feelings and aggravated damages to the successful claimant.  Aggravated damages are damages which are awarded in the most serious of cases where the behaviour of a respondent has aggravated the claimant`s injury. Case law suggests that aggravated damages can be awarded where the respondent h...

Dec
02
2011

Auto-enrolment delay for small businesses
#Employment

The Department of Work and Pensions (DWP) has confirmed that staging dates for small businesses (with fewer than 50 employees) will be delayed by at least a year....

Dec
02
2011

Sickness absence dismissals
#Employment

The EAT in Dundee City Council v Sharp UKEATS/0009/11 has held that an employee`s length of service is not relevant to the reasonableness of an employer`s investigation in determining whether an employee should be dismissed for capability....

Nov
30
2011

Landmark equal pay win
#Employment

174 female ex-employees of Birmingham City Council have won a landmark Court of Appeal case, which ruled that their claims for equal pay could proceed in the High Court, despite being time barred in the Employment Tribunal....

Nov
29
2011

Strike action tomorrow
#Employment

Public sector workers are planning to go on strike tomorrow (30 November), in response to planned pension reforms. This is likely to have an impact on your staff, particularly those with children. What do you need to be aware of?...

Nov
28
2011

ECJ: Carry-over of holiday by sick workers can be limited
#Employment

National rules (such as those in Germany) limiting carry-over of statutory holiday by workers on long-term sick leave, after the end of the relevant leave year, are lawful under the European Working Time Directive...

Nov
24
2011

The man who sued God
#Employment

The Birmingham Employment Tribunal is being asked to rule whether vicar Reverend Sharp is entitled to bring an unfair dismissal claim against the Diocese of Worcester. After moving to the idyllic rural parish of Teme Valley South in January 2005, Reverend Sharpe alleges that he was subjected to a campaign of ‘intimidation from toxic parishioners’ which led to him developing stress-re...

Nov
24
2011

1,200 Ethel Austin employees lose out on compensation
#Employment

A controversial ruling by an employment tribunal has seen more than 1000 former employees of Ethel Austin miss out on redundancy pay...

Nov
23
2011

Radical proposals for employment law reforms
#Employment

The Government has announced today proposals for radical employment law reforms. Some of the key proposals include:...

Nov
23
2011

Scot wins unfair dismissal claim but was not subjected to discrimination
#Employment

As reported in our previous blog, Scottish worker, Mark Lynch, sued his former employer for racial discrimiation and constructive unfair dismissal following alleged taunts about his Scottish nationality, including "sweaty sock"....

Nov
22
2011

Sickness absence review findings
#Employment

Last week, the Government published its sickness absence review report...

Nov
18
2011

Costs - Misguided Allegations of Discrimination
#Employment

The Court of Appeal in Dean &Dean v Dionissou-Moussaoui has ruled that a tribunal should not necessarily award costs where "scandalous and vexatious" claims are withdrawn or struck out at a PHR on jurisdictional grounds if the claims are contested and the evidence has not been tested....

Nov
18
2011

What do librarians and grave-diggers have in common?
#Employment

In the case of City of Edinburgh v Wilkinson, the Court of Session has held that claimants in an equal pay claim, who were employed in a variety of posts within the Council, including: schools, hostels and libraries, could utilise comparators working for the Council in different locations and posts....

Nov
17
2011

Pension Claims for Part-Time Workers
#Employment

In Copple & others v Littlewoods Plc & others the employer`s pension scheme had historically been closed to part- time employees...

Nov
17
2011

Scotsman called "sweaty sock" and "caber tosser" by english colleagues brings race discrimination claim
#Employment

Scottish Slaughterman, Mark Lynch, is suing his former employers for racial discrimination and constructive unfair dismissal in the Employment Tribunal after bullying allegedly forced him to quit his job. Mr Lynch alleges that throughout his seven years employment he was subjected to variety of insults from colleagues regarding his nationality, including: calling him “Jock”, “S...

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