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Mar
05
2012

Statistics: Unpaid Awards/ ACAS Settlements and Multiple Claims
#Employment

Jonathan Djanogly MP has recently responded to questions posed in the House of Commons in connection with the number of unpaid Employment Tribunal awards and ACAS settlements which have subsequently been referred to the High Court Enforcement Officers ("HCEO").  In addition, Mr Djanogly discussed the number of multiple cases accepted by Employment Tribunals between 2000-2011.  He has confirmed t...

Mar
02
2012

Illegal contracts
#Employment

In Zarkasi v Anandita, Ms Zarkasi was an Indonesian domestic worker recruited from Indonesia to work for a family in the UK. To enter the UK she obtained an identity card, passport and visa from a passport office in Jakarta using a false identity.  Ultimately she left her employer and brought a number of employment claims in the Employment Tribunal ("the ET"). It was held by the ET that she had...

Mar
02
2012

Immigration: Tier 2 Reforms and Announcements
#Employment

The government has announced this week a number of developments to the immigration system. Please find a below a summary of their announcements.   Settlement pay threshold for Tier 2 migrants The government intends to continue to provide a route to settlement (indefinite leave to remain) for Tier 2 migrant workers but only to those who meet a new minimum pay threshold. In order to apply for s...

Mar
01
2012

Double or nothing
#Employment

Normally, at this time of year, employers would be busily introducing policies and procedures to meet new statutory obligations coming into force on 6th April. However, this year, it appears that the tables have turned in favour of employers....

Mar
01
2012

Service provision changes: guidance on the meaning of an "organised grouping of employees" (EAT)
#Employment

The EAT has recently upheld an employment tribunal`s decision that a contract being outsourced from one contractor to another, does not constitute a service provision change....

Feb
29
2012

Rare Disease Day 2012
#Employment

Today is Rare Disease Day 2012, an annual, international event raising awareness about rare diseases and their impact on patients` lives.  According to the official website "One rare disease may affect only a handful of patients in the EU (European Union), and another touch as many as 245,000. In the EU, as many as 30 million people alone may be affected by one of the 6000 to 8000 rare diseases e...

Feb
28
2012

Footballer launches race discrimination claim
#Employment

In a landmark employment tribunal claim, a black professional footballer has become the first player to sue his club for race discrimination....

Feb
27
2012

Pool of one employee held to be Unfair
#Employment

Redundancy is a potentially fair reason for dismissal. However in order to be actually fair a fair procedure must followed and the dismissal must be within the band of reasonable responses open to the employer....

Feb
24
2012

Christian worker who would not work on Sundays loses her Tribunal claim
#Employment

Celestina Mba, a devout Christian worked for Merton Council at the Brightwell children`s centre in Morden until she claims she was forced to resign in June 2010 after being told she had to work on Sundays....

Feb
22
2012

Social workers sacked following the death of "Baby P" appeal fair dismissal finding to EAT
#Employment

Gillie Christou and Maria Ward were dismissed by Haringey Council following allegations that they had failed in their duty of care towards Baby P, now named as Peter Connelly, who died aged 17 months after suffering abuse at the hands of his mother and her partner....

Feb
21
2012

Student "sacked for being white" wins racial discrimination claim
#Employment

The Claimant brought a claim against his employer, a restaurant in Birmingham's Chinese Quarter, after he had his hours reduced by a new manager....

Feb
21
2012

EAT holds that refusing voluntary redundancy applications from older employees is justifiable
#Employment

The Employment Appeal Tribunal ("EAT") has held in the case of HM Land Registry v Benson & Ors that refusing voluntary redundancy applications from older employees because they were more expensive to make redundant is permissible....

Feb
20
2012

Vicar loses unfair dismissal claim
#Employment

Buddy published a blog in November lasy year regarding vicar, Reverend Sharpe, who had brought a Tribunal claim against the Diocese of Worcester. He alleged that he had been forced to leave his post following a campaign of bullying, including  parishioners slashing his tyres, smearing excrement over his car, cutting his internet and phone connections, stealing his heating oil and even poisoning h...

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
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
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
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
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....

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