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Protection against victimisation not lost where employee had ulterior motive for alleging discrimination
...employment. He claimed victimisation. The employment tribunal found that although Mr Saad subjectively believed the allegation to be true, it was in fact false. It therefore went o...
Self-employment income support scheme: HMRC provides more information in updated guidance
...employment income support scheme: HMRC provides more information in updated guidance HMRC has updated its guidance on the self-employment income support scheme. The updated guidance indic...
LLP Member Could Bring Whistleblowing Detriment Claim
LLP Member Could Bring Whistleblowing Detriment Claim An LLP member was a worker within the Employment Rights Act 1996 ("ERA") and could therefore bring a claim that she had been subjected to a detri...
Employer Liable for Full Value of Death in Service Benefits
Employer Liable for Full Value of Death in Service Benefits The family of an employee who died shortly after being dismissed could recover the full value of his death in service benefits as part of t...
Homophobic Comments Were Evidence of Discrimination
Homophobic Comments Were Evidence of Discrimination Homophobic comments made by a football club’s shareholder were evidence of discrimination. In Asociaţia ACCEPT v Consiliul Naţional pentru Combatere...
Ban on Zero Hours Contracts Exclusivity Clauses: Government Considers Measures to Tackle Avoidance
...employment tribunal for detrimental treatment; and Whether there are any unintended consequences resulting from the wording of the legislation. In terms of information, advice and guidance on zero ...
Italian Banker Working in Singapore Not Covered by UK Whistleblowing Protections
...Employment Appeal Tribunal (“EAT”), arguing that a “looser” test should apply to whistleblowing claims. In addition, the employment tribunal had failed to consider what Parliament might have intended...
Criminal Prosecutions for Failing to Notify BIS of Collective Redundancies
Criminal Prosecutions for Failing to Notify BIS of Collective Redundancies David Forsey, chief executive of Sports Direct, and three directors of City Link are being prosecuted for failing to notify B...
Sunday trading rules may be extended
...employment tribunal, and the tribunal finds that the shop failed to notify the worker of their opt-out rights, the employment tribunal will be able to award the worker between two and four weeks’ pay...
Clinically extremely vulnerable can go to work: new advice from 2 December
Clinically extremely vulnerable can go to work: new advice from 2 December The Government has updated its advice for clinically extremely vulnerable people in England from 2 December. This is wh...
Victimisation and Discrimination — Important Lessons for Employers
...employment. Shortly after, Commerzbank dismissed B due to a breakdown of trust, because she had withheld material information. B lodged claims against Commerzbank in the employment tribunal. Her claim...
Labour’s 2017 Election Manifesto – For the Many, Not the Few
...employment structures designed to limit workers’ rights. It will extend employment rights to all workers. Shared parental pay is mentioned, but presumably this would also include unfair dismissal an...
When is a Whistleblowing Disclosure in the Public Interest?
...employment contract (or some other purely personal interest) there may be other features that make it reasonable to regard the disclosure as being in the public interest. The employment tribun...
Dismissal not unfair because investigation too thorough
Dismissal not unfair because investigation too thorough The employment tribunal should not have ruled that a dismissal was unfair because the disciplinary investigation included details of similar inc...
Supreme Court Hands Down Seldon Judgment on Justifying Retirement Ages
...employment tribunal to consider whether compulsory retirement at age 65 (as opposed to any other age) was a proportionate means of achieving these aims. In Seldon v Clarkson Wright and Jakes, S, a par...
Law Degree Requirement Indirectly Discriminatory Where Employee Unable to Obtain Degree Before Retirement
...employment tribunal but the EAT and CA both considered that there had been no indirect discrimination on grounds of age. The barrier to promotion was not his age but his impending withdrawal from the...
Injury to Feelings Compensation Taxable as a Termination Payment
...employment or alternatively on termination. Where the payment relates to termination of employment, it is taxable as a termination payment (and the first £30,000 of the overall compensation paid in co...
Acas Code Does Not Apply to Ill-health Dismissals
...employment tribunal ruled that the Code does not apply to ill-health dismissals and it therefore refused to increase compensation for failing to follow the Code. Mr Holmes appealed. Decision The Em...
ELLINT network expands to 10 countries with new member firms in Denmark and Finland
...employment law firms in 10 European countries, with over 120 employment lawyers. Through the ELLINT network, Doyle Clayton can offer its clients seamless and high-quality advice across Europe from its...
Time Limits: Acas extension only available if early conciliation started before time limit expired
...employment tribunal therefore dismissed the claim. Mr Pearce appealed. Employment Appeal Tribunal rejects appeal The Employment Appeal Tribunal upheld the employment tribunal’s decision. The t...