Is continuity of service preserved when there’s a break in service with the...
SUMMARY: The Employment Appeal Tribunal considers whether continuity of service is preserved where there is a break in service with the same employer. Facts: Mr Welton began working for Deluxe Retail...
View ArticleEmployment Compensation Increases
SUMMARY: The limits on compensation for unfair dismissal claims and statutory redundancy payments will increase from 1 February 2013. Employment Tribunal compensation limits will increase from 1...
View ArticleHot Off the Press!
There will be a 2nd reading in the House of Lords for employee shareholder provisions – concerns raised about “Beecroft by the back door” and staff demotivation. Filed under: Contracts, Employment, Hot...
View ArticleDisciplinary appeals – is there a risk in changing the sanction?
SUMMARY: In a recent case, the Employment Appeal Tribunal (EAT) (overturning an Employment Tribunal decision) held that a decision on an internal appeal to overturn a decision to dismiss and instead...
View ArticleTribunal Compensation Limits Increase Today
The limits on Tribunal compensation increase today: - Unfair dismissal compensation increases to £74,200. - The cap on a week’s pay increases to £450. Filed under: Disciplinary, Employment, Employment...
View ArticleGeys –v– Société Générale: The Implications for PILON Clauses
SUMMARY: In light of the recent Supreme Court case of Geys –v– Société Générale (‘SG’) employers are encouraged to ensure that their usage of PILON clauses would be effective to terminate employment...
View ArticleChanges on 6 April 2013
SUMMARY: From 6 April 2013, statutory payments will be increased and the consultation period for collective redundancy consultation for 100 or more employees will be reduced to 45 days. Statutory...
View ArticleSome other substantial reason?
SUMMARY: An employer’s and senior executive’s disagreement over pay did not amount to “some other substantial reason” and the employee was therefore unfairly dismissed. Background: There are 5...
View ArticleSurge in Claims for Unfair Dismissal?
SUMMARY: Statistics recently compiled suggest that claims for unfair dismissal have soared by 44% over a three month period as employees rush to file their claims ahead of new rules coming into force...
View ArticleFollow the ACAS Code
SUMMARY: A recent case has emphasised that if in doubt, employers should follow the ACAS Code of Practice, even if the dismissal is for “some other substantial reason”. Background: The ACAS Code of...
View ArticleRight to be Accompanied – ACAS Code to be amended
SUMMARY: An Employment Appeal Tribunal has held that the choice of companion is absolute when an employee has the right to be accompanied and, subject to the companion being a fellow worker or trade...
View ArticleCounting the cost of discrimination
The cost of litigation is always a concern for employers and never so more than in discrimination claims. Employers should never underestimate the cost and disruption a discrimination claim can give...
View ArticleWhistleblowing – The Line Between a Quick Toot and a Vuvuzela Style Blast
UK Workers who blow the whistle are protected from employers dismissing them or subjecting them to a detriment on the grounds that they have made a protected disclosure. A protected disclosure is the...
View ArticleEarly Conciliation – A New Era – Q&A
We think we have underpaid ten of our employees. Someone mentioned early conciliation – what’s that all about? Early conciliation (EC) is a new process and is intended to give parties the opportunity...
View ArticleMilitary Reservists & Unfair Dismissal
SUMMARY: Military reservists have immediate unfair dismissal rights Dismissing military reservists Most employees are required to have 2 years’ continuous service with their employer before they have...
View ArticleEmployee Vs Employer Over Alleged Inadequate Investigation
SUMMARY: In the recent case of Coventry University v Mian, the Court of Appeal considered whether an employer had breached its duty of care to an employee by bringing disciplinary proceedings against...
View ArticleCollective Redundancy Consultation – When “10 + 10” Equals “20”
Where the implementation of a business proposal may result in large scale redundancies a number of legal obligations arise; these include consultation with appropriate representatives and notification...
View ArticleSTOP PRESS: New Tribunal Compensation Limits
It’s that time of year again when the compensation limits and minimum awards which are made in respect of successful tribunal claims are increased in line with inflation. The key increases to be aware...
View ArticleInvestigating Conduct – to what lengths should I go?
SUMMARY: Those of you who have had to conduct an investigation into an allegation of misconduct will be familiar with the ACAS Code of Practice on Disciplinary and Grievance Procedures and the...
View ArticleIs continuity of service preserved when there’s a break in service with the...
SUMMARY: The Employment Appeal Tribunal considers whether continuity of service is preserved where there is a break in service with the same employer. Facts: Mr Welton began working for Deluxe Retail...
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