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4th November 2011

Non EEA family member of an EU national always has right to work in the UK despite expiry of resident card in passport

In H Okuoimose –v- City Facilities Management (UK) Ltd UKEAT/0231/10, the EAT held that the Claimant’s status as a family member of an EU national meant that she had the right in the UK.  When the Claimant’s resident card stamp in her passport the Respondent suspended her without pay, as it…
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4th November 2011

No award of costs justified where lies told as part of proceedings caused no loss

In Annapoornamma Yerrakalva –v- (1) Barnsley Metropolitan Borough Council; (2) The Governing Body Of Dearne Carrfield Primary School UKEAT/0192/11/DA, the EAT held that in the absence of any reasons to suppose that lies told as part of the proceedings in question either caused any loss or…
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7th November 2011

Implied Contractual Term that employers deal with disciplinary proceedings without delay

In Lim v Royal Wolverhampton Hospitals NHS Trust [2011] EWHC 2178 (QB), the High Court held that provisions of the Defendant's disciplinary and conduct policies were expressly incorporated into the Claimant's contract of employment because they were sufficiently certain and were intended to have…
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7th November 2011

Beware incorporating disciplinary procedures into contracts of employment

In Hussain v Surrey and Sussex Healthcare NHS Trust [2011] EWHC 1670 (QB), the Claimant, a consultant paediatrician, claimed that her employer Trust had unlawfully excluded her from work and had brought disciplinary procedures in breach of her contract of employment. The High Court held that the…
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14th November 2011

Sick employees must request holiday to be entitled to payment in lieu

In the Fraser v South West London St George's Mental Health Trust UKEAT/0456/10/DA the Employment Appeal Tribunal held that an employee on long-term sick leave must request annual leave in accordance with Regulation 15 of the Working Time Regulations 1998 to be entitled to payment for it. The…
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14th November 2011

Part-timers refused remedy in pension equal pay case

In Copple & Ors v Littlewoods Plc & Ors [2011] EWCA Civ 1281 the Court of Appeal has rejected an appeal by female part-time workers who asserted that their employer's pension scheme indirectly discriminated against part-timers on grounds of sex by denying them access to that scheme when it was the…
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14th November 2011

Two year qualification period for unfair dismissal

The government proposes extending the period of employment required to claim unfair dismissal to two years.  The Prime Minister says that the change will take effect in April 2012.  He also proposes introducing fees for employment tribunal claims and so called “protected conversations” so…
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