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In an important decision last month the Court of Appeal held that an employer cannot ‘cure’ a repudiatory breach before an employee decides to treat it as the basis for resigning and claiming dismissal. Put another way, it will normally be too...
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As anticipated in earlier postings on this site, an employment tribunal has now decided that the Working Time Regulations 1998 can be interpreted to allow workers (which includes employees) to take annual leave ruined by sickness to be retaken in the...
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News that British business expects still more redundancies in coming months brings no cheer anywhere. We may have suffered fewer cuts in 2009 than might have been expected but that is partly due to constructive initiatives by employers to keep...
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News that British business expects still more redundancies in coming months brings no cheer anywhere. We may have suffered fewer cuts in 2009 than might have been expected but that is partly due to constructive initiatives by employers to keep...
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Even if a worker stands to lose any unused holiday entitlement at the end of the leave year because they have failed to follow the rules ( Lyons v Mitie Security Ltd ) the Employment Appeal Tribunal (EAT) has confirmed that workers must comply...
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Every now and then a disaffected employee takes a claim of unlawful sex discrimination in matters of dress and appearance at work to the Employment Appeal Tribunal (“EAT”). The most recent example of the genre involved a Mr Dansie, in a claim...
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The government is extending the right to request unpaid time off to cover employees who wish to undertake training or study. The right is only a right to request time off, not a right to have the time off. However, the request may have to be granted...
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In two recent decisions the European Court of Justice (ECJ) has given helpful indications about what may be acceptable in age limit impositions in age discrimination cases. Neither case came form the UK but the decisions will impact on future UK...
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The Government has recently published draft Regulations to give temporary agency workers, after a 12-week qualifying period, the same basic working and employment conditions as apply to a permanent employee carrying out the same...
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A Compromise Agreement is frequently used to settle claims or potential claims by an employee against their employer. (see Services tab and dropdown list item Compromise Agreements). Provided that certain formalities are observed a...
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May I take the opportunity to wish all my clients and readers a very jolly Christmas holiday and best wishes for what still looks like being a testing new year. Over the holiday period my opening times are as follows: 24 Dec: Open...
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Last month the EAT looked at this issue in Cavendish Munro v Geduld when considering the exact meaning of 'disclose information'. In his solicitor’s letter to his employer, a firm of insurance brokers, Mr Geguld made allegations about the way he had...
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Recent research has shown that those approaching retirement are now predominantly...
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As reported on this website in May, when the case was heard in the Employment Tribunal, a Mr Tim Nicholson, aged 42, of Oxford,...
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The Employment Appeal Tribunal(“EAT”) recently gave its decision in Coleman v Attridge Law ,...
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Unlike unfair dismissal or redundancy, for example, where a claimant may only recover compensation in respect of economic loss, a claimant...
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In a recent case, Autoclenz Ltd v Belcher,the Court of Appeal has held that a group of car valets employed under terms and...
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Back in May a decision of the Employment Appeal Tribunal (EAT) Employers confirmed that employers should...
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In the Heyday Challenge the High Court has held that the UK’s default retirement age (DRA) of 65 is lawful. A challenge to the...
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The Government has announced a consultation on allowing new mothers to transfer some of their maternity leave entitlement to the...
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A number of Changes in the law come in on 1 st October. Increase in National Minimum Wage...
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Miss Ahmed, a UK national of Northern Sudanese ethnic origin, worked for Amnesty International (“AI”). She was...
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In July the Employment Appeal Tribunal gave a judgment confirming that an employer has a wide degree of flexibility in choosing...
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For many years Lifo (“Last in, first out) was a popular measure for selecting employees for redundancy. Even until the arrival...
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Last year I reported on the case of Kulkarni v Milton Keynes Hospital Trust in which the high Court declined to allow a...

