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Aug
11
2017

Tribunal Fees: Resurrecting rejected claims?
#Employment

The Supreme Court decision on 26 July 2017 that Employment Tribunal fees were unlawful was expected to have wide-ranging repercussions ...

Aug
04
2017

Voluntary overtime included in holiday pay...
#Employment

In Dudley Metropolitan Borough Council v Willetts and others the EAT has ruled that payments for voluntary overtime should be included in holiday pay calculations....

Aug
04
2017

Does the duty to collectively consult employees regarding redundancies apply to employees based outside the UK?
#Employment

The EAT has determined in Seahorse Maritime v Nautilus International that the duty to collectively consult in a redundancy situation can extend to employees working outside of the UK, but cautioned each case will depend on its own facts. ...

Aug
04
2017

Good Work?
#Employment

The Taylor Review: proposals and potential impact on businesses and those that work for them...

Aug
04
2017

Recruitment Manager prosecuted for sharing job applicants CVs
#Employment

A recruitment manager has been prosecuted in a magistrates’ court for forwarding CVs to a third-party employment agency in breach of the Data Protection Act....

Aug
04
2017

What does a “week’s pay” include for the purposes of calculating tribunal awards?
#Employment

In University of Sunderland v Drossou, the EAT concluded (departing from previous authorities) that the figure for a “week’s pay” when calculating tribunal awards should include employer pension contributions. ...

Aug
03
2017

Non-compete clause struck down due to prohibition on shareholding
#Dispute Resolution #employment

Mary Tillman (MT) was a star employee of Egon Zehnder (EZ), a headhunter. Her contract contained non-solicitation, non-dealing and non-compete clauses. She resigned from EZ and wanted to join a competitor before her non-compete expired. ...

Jul
28
2017

Gender pay gap: perceptions v reality
#Employment

A recent survey by salary benchmarking site emolument.com revealed that many men were unaware of a gender pay gap existing in their sector....

Jul
28
2017

Supreme Court finds Tribunal fees to be unlawful: What will happen now?
#Employment

This week the Supreme Court handed down what has been described as “the most important judgment in employment law of the last fifty years” in R (on the application of UNISON) v Lord Chancellor. The Court found that the Employment Tribunal and Employment Appeal Tribunal Fees Order 2013 (the “Order”) prevents access to justice and is unlawful....

Jul
28
2017

Not so happy returns! ECJ decide Italian firms can dismiss zero-hour contract workers on their 25th birthday.
#Employment

Italian law allows firms to offer ‘on call’ contracts (referred to as zero hour contracts in the UK) to individuals aged under 25 and over 45, those between 25 and 45 can only receive these contracts in limited circumstances....

Jul
26
2017

Tribunal fees unlawful!
#Employment

The Supreme Court has unanimously upheld Unison's appeal against Tribunal fees finding that the current fee regime is unlawful both under domestic and EU law as it has the effect of preventing access to justice....

Jul
24
2017

Potential increase to damages bands for injury to feelings
#Employment

In discrimination claims (and in some other claims such as those for detrimental treatment following a protected disclosure), claimants...

Jul
21
2017

No Dual Nationality for Dutch Nationals living in Post Brexit Britain
#Immigration #Inward Investment #Employment

Dutch PM Mark Rutte, this week confirmed that Dutch nationals in the UK who are considering securing British citizenship in order to avoid complication after Brexit, will be stripped of their Netherlands passports due to existing limits on dual nationality. This means in effect, that 100,000 Dutch nationals living in the UK face an uncertain future after March 2019....

Jul
20
2017

Taylor Review: Key Proposals
#Employment

The much awaited Taylor Review into modern working practices has been released. It aims to tackle “one-sided flexibility” in favour of employers in the labour market. The key recommendations include:...

Jul
20
2017

Falling through the Gap: BBC posts some surprising pay data
#Employment

The BBC came under fire yesterday after publishing data on their biggest earners. The broadcaster has released a list of their “talent” within the organisation earning over £150,000 per year. Of the 96 who appear on the list two thirds are men. Of the highest earners, 25 men on the list receive more than £250,000 a year whilst just nine women receive over this amount....

Jul
20
2017

Whistleblowing – Court of Appeal considers ‘public interest’ test
#Employment

The Court of Appeal has handed down its much-awaited decision in the case of Chesterton Global v Nurmohamed and, unfortunately for employers, it does not provide the assistance they were hoping for. ...

Jul
19
2017

New Subject Access Request guidance issued
#Employment

The Information Commissioner’s Office (ICO) has updated its guidance to its code of practice on subject access requests (SARs) under the Data Protection Act to reflect recent developments in case law....

Jul
19
2017

Employee jailed for breaching court order relating to confidential data
#Employment

An employee has been jailed for 6 weeks for breaching an interim injunction awarded in the case of OCS Group UK v Dadi....

Jul
18
2017

ACAS Early Conciliation – Ensure the correct Respondent is identified!
#Employment

In Giny v SNA Transport Limited, the Claimant brought several claims in the ET against his former employer. Before issuing his ET1 claim form, he contacted ACAS to commence early conciliation...

Jul
14
2017

A 10% uplift to awards for psychiatric injury or injury to feelings arising from discrimination
#Employment

The Court of Appeal in Simmons v Castle, held that the level of damages in certain types of claims should be increased by 10% after 1 April 2013, to reflect the fact that claimants would no longer be able to recover success fees and after the event insurance premiums from Respondents in the civil courts....

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