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Employment - Legal Updates

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Mar
26
2010

Right to request time off for training
#Employment

From 6 April 2010 employees working for business with over 250 employees will be granted the right to request time off work to undertake study or training under the Apprenticeships, Skills, Children and Learning Act 2009 (‘the Act`). From 6 April 2011 this right will be extended all employees, regardless of the size of their employers business. The right does not apply to agency workers, school-age children, or young employees who qualify for a separate right to time off for training....

Mar
26
2010

Holiday Pay Case Referred
#Employment

The Working Time Regulations 1998 comes under the spotlight again in the case of British Airways Plc v Williams and Ors. The pilots in this case argued that they should have received flying allowances on top of their basic pay when on annual leave....

Mar
23
2010

Compensation - when is the cut-off point?
#Employment

It was established in the case of Wood v Mitchell SA Ltd, that tribunals should not generally take supervening ill health to be the cut-off point when estimating what loss an employee has suffered for the purposes of calculating compensation for unfair dismissal....

Mar
19
2010

Abandonment of Internal Procedures
#Employment

In the case of Sarkar v West London Mental Health Trust the employer decided to deal with several complaints received about an employee through its informal procedure, which was designed for conduct that did not amount to serious or gross offence....

Mar
19
2010

Vicarious liability for Employee`s actions
#Employment

When looking at whether an employer would be held vicariously liable for the actions of its employee, the Court of Appeal in the case of Maga v Trustees of Birmingham Archdiocese of the Roman Catholic Church considered the test set out in the previous case of Lister v Hesley Hall Ltd....

Mar
17
2010

Time Limits Challenged
#Employment

There is a procedure in place for Tribunals to ensure that documents are sent out on the ‘date sent` stamped on it as this is presumed to be the date from which time limits will run....

Mar
17
2010

Entitlement to Legal Representation
#Employment

It is usually the case that companies conducting a disciplinary/grievance procedure only allow employees the right to be accompanied by either a trade union representative or a colleague....

Mar
17
2010

Holiday pay entitlement ....continues....
#Employment

Following the case of Stringer, the Tribunal in the case of Rawlings v The Direct Garage Door Company held that an employee was entitled to be paid for the holiday he had been unable to take during his period of long-term sickness absence....

Mar
16
2010

Employee Must Obey!
#Employment

The employer in the case of Dunn v AAH Ltd was entitled to terminate the employee`s contract on the grounds that it had been repudiated....

Mar
04
2010

Collective Consultations Still Apply
#Employment

Even though there may be special circumstances that apply where it could affect the timing of consultations under the Trade Union and Labour Relations (Consolidation) Act 1992, this does not preclude or excuse the employer`s obligation to consult....

Mar
04
2010

Constructive Dismissal Cannot Be ‘Cured`
#Employment

Following the Court of Appeal decision in Buckland v Bournemouth University, it was held that employers could not ‘cure` a fundamental breach of contract by taking subsequent steps to rectify it....

Mar
03
2010

Aiding Discrimination of Agency Workers
#Employment

The EAT has considered whether an employer ‘aided` discrimination when it engaged an agency worker who discriminated against its employee....

Mar
01
2010

Consulting on age - March 2010
#Employment

Thank you to everyone who responded to our recent survey on the default retirement age. The results made very interesting reading and, as promised, we have set them out here....

Feb
19
2010

Do your `dad` employees know their rights?
#Employment

It seems flexible working is increasingly important to today`s dads, with over 56% of those surveyed by the Department for Business, Innovation & Skills saying they would look for an employer who offers flexible working when choosing a new job. However, 20% of dads did not know whether their current employer offered flexible working....

Feb
08
2010

Trimming the fat - February 2010
#Employment

As it is announced that we are coming out of recession, now may be a good time for employers to reorganise their workforce to ensure that the company is in the best shape for the future. The need to slim down applies just as much to businesses as it does to our own personal quests for self-improvement. With headlines claiming that the recession is finally over (albeit on the basis of a minuscule 0.1% growth), it is clear that the leaner the business, the better its chances will be for survival in 2010 and beyond....

Feb
05
2010

Discrimination difficulties for agency workers
#Employment

Following the Court of Appeal decision in Muschett v HM Prison Service (2010), it seems that it will be harder for agency workers to gain protection from discrimination at the hands of an end-user....

Jan
29
2010

TUPE static not dynamic
#Employment

The Court of Appeal has held in Parkwood Leisure Ltd v Alemo-Herron (2010) that a contractual entitlement to a pay rise, agreed in collective agreement negotiations to which the transferee was not a party, did not bind the transferee following a TUPE transfer....

Jan
26
2010

Take notice of age
#Employment

The ECJ has held that a German law which discounts employment before the age of 25 when calculating statutory notice periods is age discriminatory (Kucukdeveci v Swedex (2010)). The ECJ also confirmed that non-discrimination on the grounds of age is a general principle of equal treatment in EU law. National courts should, if need be, disapply any principles of national law that are contrary to this principle....

Jan
25
2010

Younger or less experienced?
#Employment

In another case concerning age this week, but this time in the UK, an employment tribunal has held that a 42 year old Head of Marketing, who did not fit a "younger" profile, was subjected to age discrimination....

Jan
25
2010

A long road to recovery
#Employment

For a disability to be covered by the Disability Discrimination Act 1995, the effects of the impairment must be long-term. "Long-term" means the condition must have lasted, or be likely to last, for at least 12 months....

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