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Employment Law Updates
Tribunal Fees Abolished
Employees will no longer have to pay to start a claim in Tribunal after the Supreme Court unanimously quashed the fees regime introduced by the government in 2013. Fees for Tribunals have deterred a great many claims in Tribunal, not only for unpaid wages but for discrimination and unfair dismissal...
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Register of People with Significant Control
Businesses should already be aware that as of last April Companies House introduced a register of the people with significant control (PSC) of a company. This was done when submitting the company’s annual confirmation statement (which replaced the annual return in June 2016). Companies House have now introduced a requirement...
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Sleeping at work: Is it working time?
The Employment Appeal Tribunal (EAT) have handed down a judgment which aims to assist employers in working out whether they should pay the minimum wage to workers for time spent sleeping. The case of Focus Care Agency v Roberts is essential reading for those who have to make that decision...
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Redundancy & Selecting For New Posts
A case this month has examined the practice of selecting for redundancy by making employees compete for new roles and sacking the unsuccessful applicants. It has long been established that the selection criteria for selecting in this way, i.e. who gets a new post, are judged by a slightly different...
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Worker Or Self Employed?
The Court of Appeal has handed down a judgment on whether or not a sub-contractor was in fact a worker, or properly self-employed. It is very important to note that this question is dealt with from an employment rights point of view, not a tax point of view. The reason...
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Negligence As Gross Misconduct
The Court of Appeal has issued a judgement that has re-stated the position that negligence can be so bad as to be gross misconduct and justify summary dismissal. In this particular case, a senior manager became aware that another manager was undermining a consultation exercise. The original senior manager, although...
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Definition Of Disability: Diabetes & Discrimination
The Appeal tribunal has made a ruling that progressive conditions, such as type 2 diabetes, which do not have a substantial adverse impact on the employee at the time the matter is tried, but which may develop to an extent that they do have such an impact, ARE disabilities, or...
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Gender Pay Gap Reporting
Legislation introducing a new requirement to publish gender pay gap information is expected to come into force on 6 April 2017. It is the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017. Employees Any private or voluntary sector employer with 250 employees will need to publish gender pay...
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Stress & Disability Discrimination
A judgment from the Appeal Tribunal has been handed down and comes as a relief to many practitioners who now welcome judicial guidance on this common problem. In the case of Herry v Dudley MBC, the employee claimed to be disabled by virtue of workplace stress. His doctor supported...
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MasterClass – Redundancy Basics
Date: 24th January 2017 Topic Our first MasterClass of the New Year is here! Darren Sherborne will discuss what employers need to know about redundancy. This will be a refresher of the law for those who have been dealing with redundancies as well as an update on recent legal developments....
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