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4th May 2012

"3 redundancy payout for MG Rover's Employees

On 1 Mary 2012 the High Court rejected a claim by Phoenix Venture Holdings against Price Waterhouse Coopers (unreported) for return of 12m paid to the HBOS bank which they argued was pledged to workers for redundancy compensation. The decision leaves just £22,000 in the trust fund for redundancy…
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4th May 2012

Lapdancer: Worker, Employee or Neither?

In Quashie v Stringfellows Restaurants Ltd [2012] UKEAT 0289/11/2604 the EAT has allowed an appeal by a lapdancer who worked on a “self-employed basis” for Stringfellows was in fact an employee.  The decision was based on several factors, namely that the Claimant worked on a rota; she was…
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4th May 2012

No apportionment of awards allowed by Tribunals for discrimination claims

The EAT (Sunderland City Council v Brennan & Ors [2011] UKEAT 0288/11/0205) has held that the Civil Liability (Contribution) Act 1978 does not extend the right to determine claims for contribution as between parties jointly or concurrently liable for unlawful discrimination to the Employment…
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9th May 2012

Employment tribunal reform

The government’s intention to reform the employment tribunal system was confirmed in the Queen’s Speech today.  The Department of Business Innovation and Skills states on its website that employment tribunal system will be “overhauled” and that the Enterprise and Regulatory reform Bill…
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16th May 2012

Consultations on Discrimination Law

The government has announced proposals to get rid of liability for harassment by third parties, and recommendations and questionnaires in discrimination cases.  Two new consultations have been published today 15 May 2012 and close on 7 August 2012:- (1) Equality Act 2010 consultation on employer…
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18th May 2012

Live-In Time Not Work for NMW Purposes

In City of Edinburgh Council v Lauder and other UKEATS/0048/11 the EAT decided that sheltered housing wardens are not entitled to receive the national minimum wage (NMW) for the time which they spent sleeping during which they were connected to an alarm system in residents' accommodation. Under…
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18th May 2012

Illegal Worker Cannot Sue UK Employer

In Hounga v Allen (née Aboyade-Cole) [2012] EWCA Civ 609 the Court of Appeal has held that au pair who knew she had no right to work in the UK could not have her claim heard by the English employment tribunal, since the doctrine of illegality prevented her from pursuing a race discrimination. .
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18th May 2012

LLP Equity Partner is a Worker

In Bates van Winkelhof v Clyde & Co and another UKEAT/0568/11; UKEAT/0168/12the EAT has held that a former partner of an LLP satisfied all the necessary conditions to qualify for worker status thus she is able to bring a claim for whistleblowing in the employment tribunal.
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23rd May 2012

Employment Law Reform 2012. The Beecroft Report is published

EMPLOYMENT LAW REFORM 2012 UPDATE Employment law reform has been at the forefront of the government’s “red tape challenge” since the coalition came into power in 2010.  This week has seen the publication of the report of Adrian Beecroft, a Conservative venture capitalist, which calls for the…
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23rd May 2012

Stop press enterprise and regulatory reform bill laid before parliament

See BIS statement here.   Further details to follow
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25th May 2012

The Enterprise and Regulatory Reform Bill. What Changes?

In what’s turning into an eventful week for employment lawyers, just two days following and quite separate from the publication of the “Beecroft Report”, the Enterprise and Regulatory Reform Bill was presented to Parliament on 23 May 2012 by Business Secretary Vince Cable.   The Bill, which…
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