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1st February 2012

COURT OF APPEAL HOLDS THAT A FIXED SHARE PARTNER IS NOT AN EMPLOYEE

In Tiffin v Lester Aldridge LLP The Court of Appeal holds that on the facts in this case a fixed share partner of an LLP is not an employee.  This is important and helpful judgment which clarifies the position of fixed share partners and can be found at…
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8th February 2012

Are Orders for Disclosure Automatically Enforceable Overseas?

The EAT in Scotland has held that an Employment Judge in Scotland does not have the power to order a party outside Great Britain to disclose documents.  In Weatherford UK Ltd v. Forbes UKEATS/0038/11/BI the Honourable Lady Smith decided (sitting alone) that the Disclosure Order made by the…
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8th February 2012

PENSIONS ACT UPDATE: New timetable for automatic enrolment has been announced

The Department for Work and Pensions has released a statement confirming that the timetable for the implementation of auto-enrolment pensions has been amended in an attempt to provide “breathing space” for small businesses. The statement also confirms that consultation document and draft…
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8th February 2012

Acas Issues Guidance for the Olympics

Acas has issued guidance on how to deal with issues arising from the London 2012 Olympic Games in the summer.
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8th February 2012

Time limits for ET Complaints about Rest Breaks

In Scottish Ambulance Service v Truslove & Anor (Working Time Regulations) [2012] UKEAT0028/11/1201 the Claimants claimed that they did not receive the daily rest to which they were entitled (or compensatory rest).  The Respondent argued that the Claimants were time barred from bringing their…
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8th February 2012

Salary Sacrifice Schemes plus VAT

Another reminder!  Following the European Court of Justice’s decision in Astra Zeneca UK Ltd v. HMRC in 2010, from 1 January 2012 employers introducing a new salary sacrifice scheme (or amending any such existing agreement entered) will have to account for VAT to HMRC where it is payable. …
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8th February 2012

Court of Appeal confirms payments to employees on TUPE transfer taxable

In Kuehne + Nagel Drinks Logistics Ltd, Stott and Joyce v HMRC [2012] EWCA Civ 34 the Court of Appeal has confirmed that lump sums paid to employees on the transfer of a business, which were made partly to compensate the employees for the loss of pension rights and partly as an incentive for them…
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8th February 2012

New statutory payment rates and tribunal limits take effect

Reminder from our post in December, on 1 February 2012, the rates of certain statutory payments and the limits applying to some employment tribunal awards were increased. The maximum compensatory award for unfair dismissal rose is now £72,300 and the maximum amount of a week's pay, used to…
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17th February 2012

Restrictive Covenants

In Towry EJ Limited v. Barry Bennett and Ors [2012] EWHC 224 (QB) it was held that solicitation could not be inferred only from the fact that a "tidal wave" of clients moved across to the business where the old employees now work since there is no primary evidence of requesting, persuasion or…
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17th February 2012

Comparator not necessary for equal pay grievances

In Amery and others v Perth & Kinross Council and another [2011] CSIH 11 the Court of Session has held that comparators do not need to be identified in grievances about equal pay under the statutory standard grievance procedure.
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17th February 2012

Justifying Indirect Age Discrimination

In HM Land Registry v Benson and others UKEAT/0197/11 the EAT has held that the Respondent’s refusal of applications for early retirement was not unlawful indirect age discrimination. The Respondent’s decision how to allocate financial resources was a legitimate aim (namely using a £12…
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17th February 2012

Rescinded Resignation Never Existed

In Chelmsford College Corporation v Teal UKEAT/0277/11 the EAT has held that an employer's consent to an employee rescinding their resignation meant that the resignation had never been effective and there is no break in the continuity of employment. When the employee then resigned for a second…
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17th February 2012

Update: Extension of Qualifying Period for Bringing an Unfair Dismissal Claim

The draft Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 2012 have been published.  The proposal is that all employees employed on or after 6 April 2012 will have a two-year qualifying period for unfair dismissal. The Order is not retrospective so…
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17th February 2012

Update: Auto-enrolment Pensions

The government has published its guidance on the upcoming legislative changes to private sector pensions.  It can be found here:  http://www.thepensionsregulator.gov.uk/pensions-reform/detailed-guidance.aspx  The guidance incorporates changes to the legislation for instance, extensions to the…
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17th February 2012

Employee whose place of work is Libya permitted to bring a claim in English Employment Tribunal

In Ravat v Halliburton Manufacturing and Services Ltd [2012] UKSC 1 the Supreme Court has held that employee who is British and lives in England, who worked for a British-registered company in Libya on a month-on, month-off basis, could bring a claim of unfair dismissal as his employment…
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17th February 2012

Confirmation of Employment Status

Following the reasoning in the Autoclenz v. Belcher decision, the Tax Tribunal has held in Weight Watchers UK Ltd and Ors v HMRC that Weight Watchers Group Leaders are employees for tax and NICs purposes.  The Tribunal decided  that although their contracts described them as self-employed and…
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24th February 2012

No right to paid overtime

In Blair and ors v Hotel Solutions London Ltd UKEAT/0412/11/DM the EAT has dismissed appeals by the Claimants in their claims for unlawful deduction from wages for the non-payment of overtime relating to the half-hour per day they worked in their breaks to get their cleaning jobs done.  The…
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24th February 2012

Can you have a redundancy selection pool of one?

In Capita Hartshead Ltd v Byard UKEAT/0445/11 the EAT has confirmed that an employee was unfairly dismissed by his employer where the employer used a selection pool of just one. The decision was based on the Tribunal’s findings of fact that other actuaries did similar work to the claimant, who…
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24th February 2012

Caution: when should you suspend an employee?

In Crawford and another v Suffolk Mental Health Partnership NHS Trust [2012] EWCA Civ 138 the Court of Appeal has held that failures in a disciplinary process led to the unfair dismissal of two nurses accused of tying a patient to a chair.  The Court stressed that since suspension is a neutral…
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27th February 2012

More Bribery Act prosecutions

http://www.sfo.gov.uk/press-room/latest-press-releases/press-releases-2012/four-guilty-in-70-million-contracts-corruption-case.aspx
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