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Jul
28
2011

A lucky escape should not prevent dismissal
#Employment

The EAT has held in Wincanton v Atkinson (2011), that it was not unfair to dismiss two lorry drivers who had mistakenly let their HGV licences expire and were therefore driving uninsured. It rejected the tribunal`s view that the employer`s decision was unreasonable as no adverse consequences had come to pass, and the risks posed by the drivers` mistakes remained hypothetical....

Jul
27
2011

Greggs employee was unfairly dismissed following scone incident
#Employment

A manager who was sacked from her job at a Greggs bakery store in Glasgow has won her unfair dismissal claim against the shop, and been awarded £23,000 in compensation.   The Claimant, Suzanne Hamilton, had worked as a manager for Greggs for 26 years. She had a clean disciplinary record until she was forced to either resign or be demoted following an incident involving a packet of sc...

Jul
27
2011

Requests not to retire must be considered in "good faith"
#Employment

Although the Default Retirement Age was abolished in April this year, employers who issued retirement notices before this, should take note of the EAT decision in Compass Group v Ayodele (2011)....

Jul
27
2011

One year to go! It`s the final countdown to the Olympics
#Employment

This time next year the greatest sporting event in the world will have begun. So what should employers be thinking about in preparation? Acas have published guidance to assist employers on making sure they get the best from their staff and to reduce the risk of unauthorised absence during the event. The guidance covers the following:...

Jul
25
2011

No reasonable prospects of success for "dunking" dismissal employees?
#Employment

Former employees of Woburn Abbey Country House are bringing unfair dismissal claims against Bedford Estates who own the property....

Jul
25
2011

Business group urges Government to think positive & be flexible
#Employment

The CBI has called on the Government to rethink its approach to employment law in a report published today entitled "Thinking Positive: the 21st century employment relationship"....

Jul
18
2011

EHRC calls for the "reasonable accommodation" of religion or belief in the workplace
#Employment

The Equality and Human Rights Commission is seeking to intervene in four cases being heard by the European Court of Human rights involving religious discrimination in the workplace....

Jul
18
2011

DDA: Wales` highest ever discrimination award
#Employment

A man awarded nearly £400,000 in compensation for disability discrimination is the highest award that has ever been given in Wales....

Jul
18
2011

Employmentbuddy has a new website
#Employment

Clarkslegal`s online HR resource, Employmentbuddy, has a new and improved website!!...

Jul
18
2011

Acas Code of Practice on Disciplinary and Grievance procedures review
#Employment

It has been over two years since the Acas Code of Practice on Discipline and Grievance ("the Code") replaced the statutory dispute resolution procedures. Acas decided it was therefore time to conduct a review into the Code`s use and impact by interviewing employers, employees and their representatives. Their findings have been published in a research paper....

Jul
18
2011

Hearsay evidence inadmissible in disciplinary hearing
#Employment

In Bonhoeffer v General Medical Council, the Administrative Court has held, on a judicial review, that hearsay evidence should not have been admitted in a disciplinary hearing....

Jul
18
2011

Dismissal for refusing a pay cut
#Employment

In Garside and Laycock Ltd v Booth (2011) the company needed to cut the salaries of its workforce in order to avoid redundancies. Mr Booth refused to accept the variation to his contract and was ultimately dismissed for that refusal. He brought a claim for unfair dismissal....

Jul
18
2011

Discussing sexual orientation
#Employment

It is not discrimination to simply discuss the fact of someone`s sexual orientation, when this has already been made public....

Jul
18
2011

9/11 and 7/7 conspiracy theories are not a philosophical belief
#Employment

An employee has failed to convince a Tribunal that his belief that the US and UK Governments were behind the terrorist attacks of 9/11 and 7/7 amount to a "philosophical belief", worthy of protection under discrimination law - Farrell v South Yorkshire Policy Authority (2011). This case follows other recent high-profile cases involving beliefs about climate change and fox hunting....

Jul
18
2011

Text message mistake led to unfair dismissal
#Employment

In the case of Pawlicka v Pier Trading Company Ltd the Employment Tribunal has upheld the unfair dismissal claim of an employee who was "innocently" sent a text message by her manager detailing her exit from the company....

Jul
18
2011

Teachers` strike: quick guide for employers and teachers
#Employment

Amongst all the talk about cuts in the public sector, it is easy to lose sight of the fact that independent schools are caught up in the teachers` dispute over pensions. There are about 20,000 members of the ATL union in the private sector. Even some teachers at Eton, David Cameron`s old school, and whose pension may also be affected by the Government`s proposals, may take part in the strike....

Jul
18
2011

Do not ignore third party harassment
#Employment

In Sheffield City Council v Norouzi, the EAT has held that the employer was liable under the Race Relations Act 1976 (RRA) for harassment carried out by a third party to one of their employees....

Jul
18
2011

Legal representation at disciplinary hearings
#Employment

The Supreme Court has held that it was not a breach of Article 6 of the European Convention on Human Rights (ECHR), to refuse a teaching assistant`s request to be accompanied by a lawyer at a disciplinary hearing....

Jul
18
2011

Online Retirement Age Survey. The results are out...
#Employment

Thank you to everyone who participated in the survey - the results have been extremely interesting and have helped gauge the general level of understanding of the issues associated with the abolition of the default retirement age, how employers intend to deal with retirement in the future and what help / guidance employers need....

Jul
18
2011

Requirement to clean communal fridge: Indirect religious discrimination?
#Employment

In Chatwal v Wandsworth Borough Council (2011), the EAT considered whether the requirement for staff to clean a communal fridge as a condition of its use amounted to indirect religious discrimination....

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