Clarkslegal LLP - Solicitors in Reading and London

Employment - Legal Updates

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Sep
07
2010

ET Claims double in 2010.
#Employment

In the 12 months from 1 April 2009, 236,100 workers brought claims to tribunal - up 56% from 151,000 in the previous year and three times the numbers of the late 1990s, according to the Tribunal`s Service. Including the number of multiple claims filed, which rose by almost 90% compared to the 2008-09 figures, the total number of claims reached 392,800....

Sep
06
2010

Are Twinings brewing trouble?
#Employment

Twinings, the firm famous for making tea bags, announced last year that it was moving production from its North Sheilds plant to Poland as part of a cost saving and efficency drive. The Mail Online has today reported that the sacked staff have been asked to train their Polish counterparts in the run up to the move. The Polish employees will be arriving in the North East next week to start their training, much to the annoyance of those who have lost their jobs and the union who represents them....

Sep
03
2010

Suspending Tribunal Proceedings
#Employment

When dealing with case management issues, Employment Judges have a wide discretion in terms of how proceedings are managed, within the scope of the statutory tribunal rules. Judges may issue management instructions (known as directions) on their own initiative, or following the application of the parties to the case. This may include a direction to stay proceedings, which effectively postpones the matter for a certain time....

Sep
03
2010

Means-tested compensation awards?
#Employment

Whenever an employer finds itself on the losing end of a Tribunal claim, that employer could face the daunting prospect of having to pay out a hefty compensation award, dependant on the nature of the claim....

Sep
03
2010

Age Discrimination - Reversing burden of proof
#Employment

In cases involving allegations of discrimination, a Claimant will first need to establish a ‘prima facie` case. This means the tribunal must be satisfied that some evidence exists which, if not rebutted, would support the alleged discrimination - whether direct or indirect. Once this has been established, the burden of proof then generally passes to the employer to discharge that burden by proving that its treatment of the employee was not discriminatory....

Sep
03
2010

Britain`s got talent auditionee has claim struck out by Employment Tribunal
#Employment

A Britain`s Got Talent contestant who claimed she was discriminated against at her audition, has failed to get her case heard at employment tribunal. She was reportedly suing for £2.5 million....

Sep
02
2010

Cheap labour?
#Employment

Research undertaken by Totaljobs.com has shown that individuals seeking work in the private sector are increassingly more willing to consider taking a lower salary to secure employment....

Aug
27
2010

We dont want to speak too soon, but are things looking up?
#Employment

The UK economy grew by more than initially thought in the second quarter of 2010. The Office for National Statistics` (ONS) had estimated growth of 1.1% last month, with the actual figure slightly higher at 1.2%. This is the fastest rate of growth since quarter one of 2001....

Aug
26
2010

Paternity leave - do you have to be the Prime Minister to afford it?
#Employment

So David Cameron went to Cornwall hoping for a relaxing holiday and ended up dealing with the early arrival of his baby daughter. Florence is the Cameron`s fourth child and so hopefully the sleepless nights and endless dirty nappies won`t come as too much of a shock. However, the first few weeks of a new baby`s life are hectic and many fathers, including David Cameron, want to be there to help out....

Aug
25
2010

Right of Substitution Trumps Dentist`s Claim
#Employment

Is he an ‘employee` or a ‘worker`? This was the first hurdle an employee had to establish before he was able to proceed with his claim for unlawful deductions in Community Dental Centres Ltd v Sultan-Darmon [2010]....

Aug
25
2010

TUPE and Equal Pay
#Employment

When considering an amalgamation of workforces after a transfer of undertakings, companies have to be careful about making any changes to the terms and conditions of the transferred work force. Any contractual change that is to the detriment of a transferred employee will not be effective if it is by reason of the transfer, unless it is for an economic, technical or organisational reason entailing a reduction in the workforce....

Aug
25
2010

Employee Benefits
#Employment

Some companies offer their employees benefits and incentives as part of their remuneration package, such as salary sacrifice schemes by way of vouchers to be used in retail stores. Companies will then claim back from HMRC the VAT which is incurred when buying the vouchers....

Aug
23
2010

Cost effective support for staff facing redundancy
#Employment

Our subsidiary HR consultancy, Forbury People, has a solution which will provide some really practical help to job seekers without incurring massive costs to the employer....

Aug
20
2010

Tackling long-term sickness absence: line managers are the key
#Employment

Yesterday we blogged on the high incidence of employees suffering mental health problems going on to claim incapacity benefits. Today, there is new guidance available to help employers get their employees with depression, stress and other illnesses back to work in the first place....

Aug
20
2010

Resignations on the up as firms fail to meet expectations
#Employment

The 2010 National Management Salary Survey conducted by CELRE has revealed an increase in resignations, despite growing fears over job security. More than half the 197 employers surveyed recognised that restructuring and job insecurity caused many of their staff to "jump ship". Over a third of the employers identified that their "failure to offer career opportunities and training" also contributed to employees leaving. Nearly two thirds admitted that their employees had been tempted away by head-hunters and recruitment consultants....

Aug
20
2010

Women to wait 57 years for equal pay
#Employment

The 2010 National Management Salary Survey conducted by CELRE has revealed that female salaries have increased by 2.8% over the last year, compared with 2.3% for men. However, despite this year marking the 40th anniversary of the Equal Pay Act 1970, the average salary for male managers in the UK is still £10,071 higher than the average salary for female managers, and male pay outstrips female pay by as much as 24% at senior level. At the current rate of increase, women will still have to wait 57 years before they take home the same amount as their male counterparts....

Aug
19
2010

Patients who make frequent trips to their doctors are much more likely to go on incapacity benefit later on
#Employment

GPs can spot patients who will claim incapacity benefit for mental health issues three years before they stop working, research published in the British Medical Journal has suggested....

Aug
17
2010

Cycle to work scheme "fair market value" clarified by HMRC
#Employment

HMRC has clarified the tax rules surrounding the Cycle to Work scheme. This should encourage more employers to offer the benefit to their workforce, as companies who strive to go green were previously put off by the uncertainty around the scheme....

Aug
13
2010

Dismissal and the reasonable responses test
#Employment

The case of Enable Care & Support Home Ltd v Pearson [2010] is an example where a tribunal fell into the trap of substituting its own judgment for that of the employer....

Aug
13
2010

Holiday and sickness - an update
#Employment

The House of Lords in HM Revenue & Customs v Stringer [2009] held that claims for holiday pay can be a series of deductions. Since the decision, employers have been apprehensive that employees who have been off sick for several years may be able to claim backdated holiday pay for the whole period upon termination. This issue came to light in the recent case of Khan v Martin McColl [2010]....

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