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Employers Can Count Redundancies on a Per Establishment Basis
...employment tribunals upheld USDAW’s claims and protective awards were made. However, employees working in stores with fewer than 20 employees were excluded on the basis that the UK legislation only ...
What if an employee turns out to be a hooligan? - as published in HR magazine
...employment upon payment of a severance indemnity. However, in exceptional circumstances, in some countries - such as Spain, Italy, Germany and France –serious private misconduct can justify dismissal ...
Obese People May Be Disabled, European Court Rules
...employment, he had a BMI of 54, categorising him as Class III obese (or severe, extreme or morbidly obese) under the World Health Organisation classification. K claimed he was dismissed because of his...
National Minimum Wage: Deduction from Salary for Training Costs
...employment tribunal. The tribunal found that the deduction could be ignored by reason of Regulation 33(a) National Minimum Wage Regulations which provides that “any deduction in respect of conduct ...
European Court Confirms Employers Can Count Redundancies on a Per Establishment Basis
...employment tribunals upheld USDAW’s claims and protective awards were made. However, employees working in stores with fewer than 20 employees were excluded on the basis that the UK legislation only re...
Early Conciliation Certificate Covered Constructive Dismissal Occurring After Certificate Issued
...employment tribunal disagreed. The employer appealed, arguing that a claimant should not be able to raise in their claim form any cause of action occurring after the date of the early conciliation cer...
ELLINT expands into eastern Europe with Romanian boutique Suciu
...employment and labour law firms, is expanding into Romania with the entry of new member, Suciu – The Employment Law Firm. Based in Bucharest, the boutique multi-lingual firm (Romanian, English and Ge...
Future of £30,000 Tax Exemption for Termination Payments in Doubt
...employment to an employee who qualifies for a statutory redundancy payment should qualify for income tax relief, irrespective of the nature of the payment and whether it derives from the employment co...
Small Increase in Tribunal Claims
...Employment Tribunal statistics for the period October to December 2014 reveal a small increase in the number of claims in that quarter. The number of single claims received by employment tribunals dro...
The Trade Union Bill Receives Royal Assent
The Trade Union Bill Receives Royal Assent The Trade Union Bill received Royal Assent on 4 May. The Act: Requires a 50% turnout in all industrial action ballots; Requires industrial action in ‘impo...
Revised Codes of Practice on Ballots and Picketing
Revised Codes of Practice on Ballots and Picketing Two revised Codes of Practice have been published to reflect changes to laws on industrial action ballots and picketing that will be introduced by t...
How should termination payments be taxed?
...employment with the same or an associated employer and any change of employer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). This would mean that anyone who re...
Employer Could Not Rely on “Without Prejudice” Correspondence
...employment judge ruled that the correspondence could be relied on. It did not attract without prejudice protection as it was not made in a genuine attempt to settle an existing dispute. In addition,...
Disciplinary Action for Imposing Religious Views Not Religious Discrimination
...Employment Tribunal Decision The employment tribunal ruled that the Trust had not discriminated against her. Whilst the context of the disciplinary process was religious acts, the reason for the war...
Paying women on maternity leave more than men on shared parental leave lawful
...employment. The Court of Appeal agreed. However, it went on to rule that an equal pay could not succeed. Where an employer provides a woman with more favourable maternity pay terms, this amounts to sp...
Settlement agreements can settle unknown future claims
...employment discrimination. His employer argued that he could not bring the claim as it had been settled by the settlement agreement. The employment tribunal agreed, but the Employment Appeal Tribuna...
Budget 2018: IR35 changes confirmed, delay to employer NICs change for termination payments and other news of interest to employers
...Employment is at a near record high and the Office for Budget Responsibility forecasts it is set to keep growing, with 800,000 more jobs forecast by 2022. The unemployment rate is at its lowest for ov...
Telephone application ruled a reasonable adjustment for job applicant with dyspraxia
...Employment Appeal Tribunal (“EAT”) which upheld the tribunal’s decision. It found that the employment tribunal had answered the correct legal questions: Whether AECOM knew, or ought reasonably to hav...
Peter Daly
...Employment Law since 2007 Professional memberships Employment Lawyers Association Areas of expertise Discrimination AdviceWhistleblowing AdviceEmployee Litigation & TribunalsEmployment...
Employers cannot pro-rate holiday entitlement for part-year workers
...Employment Tribunal find Ms Brazel’s claim? The Employment Tribunal dismissed her claim. It held a part-time worker who works for only part of the year should have their holiday entitlement pro-rated...