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Employment - Legal Updates

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Jan
24
2011

It is for employers to show that detriments are in no sense whatsoever on the grounds of a protected disclosure
#Employment

In Fecitt and others v NHS Manchester EAT/0150/10 the EAT have held that in detriment claims under s.47B of the Employment Rights Act 1996 (commonly referred to as whistleblowing claims) it is for the employer to show that the dismissal was "in no sense whatsoever" on the grounds of the protected disclosure. This means that the disclosure must play no more than a trivial part in causing the detriment....

Jan
20
2011

Swiss bank UBS makes over 44 page dress code
#Employment

The UBS dress code, which ran to 44 pages, has become something of an internet phenomenon after being leaked in December 2010. The original dress code was extremely comprehensive. Interesting points raised include asking female staff to only wear underwear that matches their skin tone as well as a limit on the amount of jewellery a woman can wear (7 items at the most)....

Jan
17
2011

Couples to share maternity leave
#Employment

Worryingly the announcement today by Nick Clegg regarding couples sharing maternity leave, where fathers can take some of the mother`s unused leave, goes even further than previously expected, by suggesting that the time off could be taken in shorter "blocks" of time rather than all at the same time or concurrently rather than consecutively....

Jan
14
2011

EAT holds that employer atempting to make a pub less attractive to gay customers discriminated against a gay employee
#Employment

In Lisboa v Realpubs Ltd and others the EAT held that a policy of trying to rebrand a pub where the Claimant worked to appeal to non gay customers constituted direct discrimination against a gay employee who was not comfortable with implementing such a policy....

Jan
14
2011

Retirement Process Update - Extent to which statutory procedures can still be used
#Employment

Most retirement policies reflect the current statutory retirement procedures which set out a national default retirement age of 65. Where this statutory procedure has been followed to the letter, employers have been able to retire employees without risk of unfair dismissal or age discrimination claims....

Jan
13
2011

End of the default retirement age
#Employment

Ministers have confirmed that the default retirement age will end, as planned, this year. Therefore, retirements falling before 1 October 2011 can still be effected provided notice of retirement is given no later than 30 March 2011, so employers need to be monitoring closely 2011 retirement dates now....

Jan
13
2011

End of the default retirement age
#Employment

Ministers have confirmed that the default retirement age will end, as planned, this year. Therefore, retirements falling before 1 October 2011 can still be effected provided notice of retirement is given no later than 30 March 2011, so employers need to be monitoring closely 2011 retirement dates now....

Jan
12
2011

Sacked for sledging: teachers on a slippery slope
#Employment

The press story of the dismissal of Swansea design and technology teacher, Richard Tremelling, has caused outrage not only in Swansea but has attracted much national and international condemnation. Mr Tremelling was not only sacked for allowing two 15 year pupils to have a ten minute riding session in the snow on a "design classic" Scandinavian sledge at the end of a lesson, which Mr Tremelling had brought in to school to demonstrate, he was then subjected to professional misconduct proceedings which could have led this week to his removal from the teaching register altogether....

Jan
11
2011

BBC Loses Age Discrimination Claim
#Employment

"Youth," according to Herbert Henry Asquith, "would be an ideal state if it came a little later in life." Whether or not this sentiment was foremost on the mind of the Judge in the tribunal claim brought by Miriam O`Reilly has yet to be known. We can be more certain of the fact however that today`s Judgment from the London Central ET will have far-reaching implications in the media....

Jan
10
2011

Tribunal claims - a 2 year qualifying period and fees?
#Employment

Employers may be getting a late Christmas present from the government. According to reports in the media today, it is considering increasing the length of service an employee needs before he can bring an unfair dismissal claim in the Employment Tribunal. Employees currently have to have worked for their employer for one year before they can bring a claim. This may be increased to two years, making it much easier for employers to dismiss staff. Employees will still be able to bring claims within a year if they believe they have been discriminated against....

Jan
10
2011

BBC spent £600,000 on employment tribunal claims in 2010
#Employment

According to a the website thomsons online benefits the BBC has spent over £600,000 dealing with employment tribunals in 2010. This total does not include work done by in-house employment lawyers or claims brought against BBC Worldwide, the corporation`s commercial arm....

Jan
07
2011

Dangers of Transferring Confidential Information
#Employment

In Brandeaux Advisers (UK) Ltd and others v Chadwick (2010), the High Court looked at whether the employee`s conduct of sending large amounts of confidential information to her personal email account amounted to a repudiatory breach of contract....

Jan
07
2011

Employers must change the way they tax termination payments
#Employment

On 6 April 2011 changes will be made to the way in which termination payments are taxed. Currently, payments made to departing employees after their P45 is issued - for example termination payments typically made under compromise agreements - are subject to deductions for tax at the 20% basic rate. Any additional tax liability (because the employee is a higher or additional rate tax payer) is due later through self-assessment by the employee. This is good for employees as they can take the benefit of the additional cash for longer....

Jan
07
2011

Transfer of confidential information - employees beware
#Employment

A recent case has highlighted the dangers associated with employees transferring their employer`s confidential information to their personal email account. In this case the employee argued that she had transferred the confidential information to her personal account in order to ‘arm herself for the future` in the event of a later dispute with her employers. However, the court doubted that the possibility of litigation could ever justify the transfer of an employer`s confidential information which may be relevant to that dispute. The employee would need to rely on the court`s disclosure process, even if the employee does not believe that the employer will comply with that process....

Jan
07
2011

Dinner Lady wins unfair dismissal claim
#Employment

Mrs Hill, 61, was sacked after telling a couple their child had been bullied. She had been suspended from her £125-a-month role at Great Tey Primary School pending an investigation into the incident after speaking to the girl`s parents in June 2009 and was dismissed in September 2009 after discussing the matter with the media....

Jan
07
2011

Tick-Tock for Tax - Post Termination Payments
#Employment

Come April 2011 there will be a significant change to the treatment of income tax on post termination payments made to employees....

Jan
07
2011

Flexible Working Legislation Extended To Parents of Children Aged Under 18
#Employment

The right to request flexible working currently applies to parents of children aged under 17, parents of disabled children aged under 18 and carers of dependant adults. This right is to be extended to parents of all children aged under 18 and will come into force on 6 April 2011....

Jan
07
2011

New Tribunal Award Limits
#Employment

From 1 February 2011, the cap on the compensatory award for unfair dismissal increases from £65,300 to £68,400. Other changes coming into force on the same date include:...

Jan
05
2011

Claimants could have to pay up to £500 to bring claims
#Employment

Under pressure from Business Groups, the Coalition Government is considering introducing an up-front fee to bring Tribunal Claims. Proposals to be considered as part of the Consultation on Tribunal Reform, taking place later this month, suggest the fee could range between £30 and £500 per case. The intention is that it would deter spurious claims and reduce the increasing trend of tribunal claims....

Dec
17
2010

Retirement
#Employment

Employers are still in the dark about how to deal with retirements falling after 1 October 2011....

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