Clarkslegal LLP - Solicitors in Reading and London

Employment - Legal Updates

Search Legal Updates

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Issuing a notice of termination by mistake cannot be withdrawn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....

Oct
14
2011

Work permit expiry should not have limited unfair dismissal compensation
#Employment

In Ram v J D Wetherspoon PLC UKEAT/0080/11 the EAT considered the effect of the expiry of an employee`s work permit on damages for unfair dismissal, where the employee had applied for indefinite leave to remain in the UK....

Oct
12
2011

Former X Factor contestants 2 Shoes hope they are not victims of pregnancy discrimination
#Employment

Following their dramatic exit from last weekend`s X Factor live shows, one half of the band `2 Shoes`, Charley Bird, has given an interview (reported on the Mail Online website) stating that it would be `really, really wrong` if her pregnancy was the reason that judge Tulisa Contostavlos chose to send the group home....

Oct
12
2011

EAT considers when terms and conditions can be changed after a TUPE transfer
#Employment

Changing terms and conditions after a TUPE transfer can be tricky. If the terms are being changed because of the transfer itself or for a reason connected with the transfer which is not an economic, technical or organisational reason entailing changes in the workforce then TUPE renders the change void....

Oct
12
2011

When can employers vary contracts of employees who have transferred under TUPE?
#Employment

Regulation 4(4) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) ("TUPE") provides that if an employer seeks to vary an employee`s employment contract following a TUPE transfer, that variation will be void if the sole or principal reason is the transfer itself....

Oct
11
2011

Can an appellant amend a Notice of Appeal in a rule 3(10) hearing?
#Employment

In order to appeal a Tribunal decision to the Employment Appeal Tribunal (EAT) an appellant must serve a Notice of Appeal. A judge or Registrar will review the Notice of Appeal and decide whether the appeal can be heard....

Oct
10
2011

Refusal to provide deaf employee with English lipspeaker support for costs reasons was not disability discrimination
#Employment

The Employment Appeal Tribunal (EAT) has held in Cordell v Foreign & Commonwealth Office UKEAT/0016/11 that refusing to provide a deaf employee with English lipspeaker support was not a failure to make reasonable adjustments because the cost of providing such support was unreasonable. The Claimant in this case had accepted a promotion to a role in Kazakhstan.  Her employer had provided...

Oct
10
2011

Homosexual job applicants 40% less likely to get an interview
#Employment

According to the findings of research by Andras Tilcsik, a Harvard social scientist which was reported on the Mail Online website this week, job applicants who submit a CV which notifies potential employers of their homosexuality are 40 per cent less likely to get called for an interview. The results of Mr Tilcsik’s research was compiled by his sending out two sets of CVs to 1,769 US compa...

Oct
07
2011

Decision that Anti-fox hunting stance is a "philosophical belief" upheld
#Employment

In a judgement passed on 4 March 2011 in Hashman v MiltonPark (Dorset) Ltd t/a Orchard Park, an employment Tribunal held that a beliefin the sanctity of life, extending to a fervent anti-fox hunting belief,constituted a philosophical belief for the purposes of the Religion or BeliefRegulations (now enshrined in the Equality Act 2010).   However, the Tribunal stressed that its decision was...

Oct
07
2011

To tweet or not to tweet
#Employment

The use of social media can be a minefield, creating many issues for employers which are increasingly being seen in Tribunals. Employers who ignore the rise of this medium do so at their peril....

Oct
07
2011

Confusing and contradictory policies led to an unfair dismissal
#Employment

In a case which highlights the importance of having clear, unambiguous and well publicised policies, and then abiding by them, the EAT had held that an employee who consumed alcohol during working hours was unfairly dismissed....

Oct
05
2011

Survey reveals employer`s response to the abolition of the default retirement age
#Employment

After the Employment Equality (Repeal of Retirement Age Provisions) Regulations it is now no longer legally possible for employers to retire their employees automatically when they reach the age of 65....

Oct
03
2011

Qualifying service for unfair dismissal to rise from one year to two years
#Employment

George Osbourne announced today at the Conservative Party conference in Manchester that the qualifying service for unfair dismissal will increase from one year to two years.  This change will take effect in April 2012. While many employers may welcome this change others have suggested that claimants will bring more disrcimination claims in the Employment Tribunal if they cannot bring unfair...

Oct
03
2011

Tribunal fees to be introduced
#Employment

Currently claimants can start claims in the Employment Tribunal without paying any fee, however fees are common in the court system. The Chancellor announced at the Conservative Party Conference that from April 2013 the following fees will be introduced in the Employment Tribunal System and claimsnts will have to pay;  £250 when applying to a tribunal and a further £1000...

Page 49 of 71