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2nd April 2012

Consultation on Personal Service Companies and IR35

Following the Budget the government has stated that it will consult on proposals to require office holders and controlling persons who are integral to the running of an organisation to have PAYE and NICs deducted at source.  The consultation paper is due to be published in April.
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12th April 2012

Another Tax Trap for the Unwary when Settling Employment Claims

In the case of Reid v HMRC [2012] UKFTT 182(TC) the First-tier Tribunal has determined that income tax was due on £30,000 that was part of a compensation payment for termination of an office and employment.  Evidence was provided to show that the monies represented the refund consideration paid…
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12th April 2012

Enforcing Tribunal Awards

In 2010-11, 1,499 unpaid Employment Tribunal Awards and ACAS settlements were passed to High Court Enforcement Officers.  What happened? o    51% were not enforced for a variety of reasons, the most common being the fact that the debtor was insolvent or uncontactable, the expiry of the writ 12…
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12th April 2012

When can costs justify age discrimination?

In Woodcock v. Cumbria Primary Care Trust [2012] EWCA Civ 330 the Court of Appeal held that an early dismissal motivated to avoid the cost of an enhanced pension “windfall” the employee would have received if he was still employed at the age of 50 (his early termination saved the Respondent…
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12th April 2012

Date of Resignation is the Effective Date of Termination

In Horwood v. Lincolnshire County Council [2012] UKEAT 0462_11_0304 the EAT was asked to decide whether the effective date of termination was when the claimant resigned in writing on one date, with immediate effect, or whether the date was that on which her employer subsequently informed her that…
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12th April 2012

"Holistic" approach to be taken when assessing service provision changes under TUPE

In Johnson Controls v. UK Atomic Energy Authority [2012] UKEAT 0041_12_1402, the EAT agreed with the Employment Tribunal and held that there was no service provision change under Regulation 3(1)(b) of TUPE when the service is conducted in a fundamentally or essentially different manner following…
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12th April 2012

What is the "trigger" for employee consultation for collective redundancies?

This was the question referred to the CJEU by the Court of Appeal for guidance on Directive 98/59 recently in United States of America v. Christine Nolan (C 583/10). The case concerned a claim on behalf of civilian employees at a US military base in the UK that they had not been consulted soon…
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12th April 2012

April 2012 - Employment Law Changes

•    There is now a 2 year qualifying period required to bring a claim of unfair dismissal or request a written statement of reasons for dismissal for those starting a new job on or after 6 April 2012 (the Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period)…
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20th April 2012

No costs without adequate costs warning

In Rogers v. Dorothy Barley School UKEAT/00013/12/LA the EAT held that the Respondent’s failure to give a costs warning meant that it could not seek an order for costs because (i) no letter had been sent to him warning him that if he proceeds with his claim, an application for costs will be made;…
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20th April 2012

No discrimination of employee who was accused of lying about pregnancy

In Warby v. Wunda Group plc [2012] UKEAT 0434/11/2701 the EAT has agreed with the Respondent that there was no harassment on the ground of an employee's pregnancy when she was accused of lying about her pregnancy and miscarriage. The words did not relate to the employee's pregnancy but to lying…
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20th April 2012

Disclosure Unnecessary BUT Inference May Reverse Burden of Proof in Discrimination Cases

In Meister v. Speech Design Carrier Systems GmbH (C-415/10) the ECJ has decided that EU discrimination law does not oblige an employer to disclose information about a successful candidate to an unsuccessful candidate (even when asked to by way of statutory discrimination questionnaire).  That…
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27th April 2012

Justifying compulsory retirement

It is unlawful to require an employee to retire at a particular age unless the employer can justify this on policy grounds which meet the requirements of EU and national law.  Employers have been waiting for Supreme Court to clarify these requirements.  The Supreme Court gave its decision in…
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27th April 2012

No Tribunal Stay for Mere Pre-Action Letter for High Court Breach of Contract Proceedings

In Halstead v Paymentshield Group Holdings Ltd [2012] EWCA Civ 524 the Court of Appeal held that a stated intention to pursue identified claims in the High Court should not prevent a claimant pursuing his statutory claims in the Employment Tribunal.  The Mindimaxnox principle (where a stay of …
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