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Employment Law Updates
Redundancy Consultation Process And Unfair Dismissal
The Appeal Tribunal has set out a judgment that can be said to give the London Employment Tribunal a lesson in judging the fairness of a redundancy consultation. In this respect, it is essential reading for employers wishing to avoid unfair dismissal when consulting during a redundancy. The case of...
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Final Warnings and Unfair Dismissal
In the case of Bandara v BBC (2016) the Appeal Tribunal has examined how to determine if a dismissal was fair when there was an inappropriate final warning on the employee’s record. It is important to put the facts of this judgment into context. The employee had an unblemished record...
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Employer Liability For Driver Negligence
The case of Tomasz Kroker who killed a mother and 3 children because he was looking at his phone while driving has highlighted a risk to employers who do not take driver discipline seriously. The driver, convicted and sentenced to 10 years in prison this week, is a reminder...
READ MORE Uber Drivers Are Workers So Far
The Tribunal of the first instance has released its detailed reasoning in the Uber case which looks at whether drivers of cabs, controlled by Apps on a smart phone, are self-employed, or Workers. The reason it is important, not only for Uber, for any business, is that a “Worker”...
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Gay vs Christian: Discrimination Bake Off
Employment law shares certain standards with the supply of good or services to the public. Discrimination is one of those shared spaces and some may recall the so called “gay cake” debacle in Northern Ireland a little while back. The matter has continued “to rise” and has just been...
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Data Protection: Financial Penalties for Misusing Employees Data
The High Court this week has issued guidance on the financial penalties for misusing employees data. It’s a reminder that employers are not free to breach the data Protection Act without cost when it comes to employees. In this case, one Police force gave personal data to another force...
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Use of Zero Hours Contracts: A Threat to County Business
Zero hours contracts are like any other contract, in that one person agrees to do work for an employer in exchange for wages. The difference is that a zero hours contract means that the employer does not have to offer any work to the employee. The advantage to employers...
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New National Minimum Wage Rates
The national minimum wage increased as of Saturday, 1 October. The new rates are: Age 21+ £6.95 Age 18-20 £5.55 Age 16-17 £4.00 Apprentice rate £3.40 There was no change to the National Living Wage for those aged 25 years and over. This stays at £7.20. Back to...
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Disability Discrimination: Important case for HR Practitioners
An important judgement has been handed down by the Appeal Tribunal which is a warning to HR professionals that just because a policy is justified, it does not mean that any action taken under the policy is justified. In a case of discrimination arising from a disability (Section 15 of...
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Agency Workers and Whistleblowing Claims
In employment law, a whistleblowing claim is the general term for where employees claim that they have been treated to their detriment because they raised, or threatened to raise, a matter of public interest. The damages are unlimited and such a claim can allow an employee with less than two...
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