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8th June 2011

New Pensions Regime from 2010: Guidance released

Guidance about preparing for the new employer pension duties has been released by the Pensions Regulator, which can be found here http://www.thepensionsregulator.gov.uk/pensions-reform/detailed-guidance.aspx
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8th June 2011

Employer liable for email statement regarding former employee

The case of McKie v Swindon College [2011] EWHC 469 (QB) has reaffirmed the duty of care an employer has with respect to statements regarding former employees, and demonstrated that the duty extends beyond the provision of a reference. The High Court found an ex-employer liable to one of its…
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8th June 2011

No direct discrimination where treatment would be the same

In JP Morgan Europe Ltd v. Chweidan [2011] EWCA Civ 648 the Court of Appeal decided that reasons given by an employer regarding non-payment of bonus and dismissal recognise were merely related to the employee's disability but were not because of the disability itself. Since a non-disabled person…
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8th June 2011

Has the "Fit note" improved sickness absence?

According to a study by the Engineering Employers Federation (EEF) and Westfield Health, sickness absence has decreased by 45% in the past three years with the average employee taking just 5 days off sick last year, compared to 6.7 days in 2007. Further in 2010, 45% of employees took no sick days…
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8th June 2011

Dismissal in Baby "P" case void and unlawful

The Court of Appeal has allowed a judicial review challenge by Ms Shoesmith, the former director of Children's Services for the London Borough of Haringey, over the fairness of her summary dismissal which was directed by the then Secretary of State for Children and Families. The Court of Appeal…
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8th June 2011

How long does it take you to get to work?

The Office for National Statistics has published data regarding commuting time for workers, which indicates that people are less willing to commute and that the journey to work for an overwhelming majority of workers (3 in 4) takes under 30 minutes. Those that have a longer journey are likely to be…
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8th June 2011

Agency Workers Regulations: amendments to "final" guidance

The Department for Business Innovation and Skills has amended its guidance on the Agency Workers Regulations 2010, which was originally published on 6 May 2011. See the updated version here http://www.bis.gov.uk/assets/biscore/employment-matters/docs/a/11-949-agency-workers-regulations-guidance
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8th June 2011

Liability for Discrimination is joint and several and therefore cannot be apportioned

In London Borough of Hackney v Sivanandan and others UKEAT/0075/10 the EAT departed from previous authority and held a wronged party is entitled to recover the entirety of their loss from any of the guilty parties.
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10th June 2011

.Another successful challenge of IR35

In E C R Consulting Limited v HMRC [2011] UKFTT 313 (TC) the Tax Tribunal held that the terms of a notional contract, which contained a valid substitution clause and where the client had no real control over the consultant, will not result in the consultant being regarded as the client's employee…
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10th June 2011

When is a capability dismissal adequate?

The EAT has confirmed that decision to dismiss is a managerial one, not a medical one, and an employer should make its own assessment of the risk to an employee's health from returning to work based upon expert evidence available to them and an employment tribunal should not substitute its own view…
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16th June 2011

Costs Awards

There have been two recent decisions in relation to costs awards made by Employment Tribunals. The first is Jackson v. Cambridgeshire County Council where the EAT overturned a wasted costs order that had been made against the Claimant’s representative, due to the fact he was not acting for…
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16th June 2011

"Buyer Beware": purchasing an insolvent company

In Pressure Coolers Ltd v Molloy and ors the EAT held that the buyer of a pre-pack company from an administrator was held liable to pay compensatory awards for successful unfair dismissal claims, which the tribunal had previously held payable by the Secretary of State NI fund, due to the fact the…
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27th June 2011

General Medical Council wrong to admit hearsay evidence in disciplinary hearing against consultant

Following case law on Article 6 of the European Convention on Human Rights, the Administrative Court concluded that the more serious the allegation, the more important it is to ensure that the accused is afforded fair and proper procedural safeguards during a hearing. Therefore the General Medical…
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27th June 2011

Employers are liable for acts of discrimination by third parties

In Sheffield City Council v Norouzi the EAT, confirming the case of R (on the application of the Equal Opportunities Commission) v Secretary of State for Trade and Industry, held the Council was liable for acts of racial harassment carried out by a child in a care home against one of its employees…
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