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1st August 2012

Amounts delivered through avoidance scheme taxed as bonuses

The First-tier Tribunal has held that where money was subscribed for shares in special purpose companies (SPVs) by a hedge fund manager, tax and NICs were due on that money as bonuses for its directors.
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1st August 2012

No need to request paid holiday on sick leave

In NHS Leeds v Larner [2012] EWCA Civ 1034 the Court of Appeal has held that a worker, who had been on sick leave for an entire leave year and had not taken any holiday during that period, was entitled to payment in respect of that year's unused statutory holiday entitlement on the termination of…
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1st August 2012

Enforcing (or not) Exclusive Jurisdiction Clauses

In Mahamdia v People's Democratic Republic of Algeria (C-154/11) the Court of Justice of the European Union has interpreted the special rules on enforcing employment contracts in the Brussels Regulation to mean that an embassy based in a member state is an "establishment" of a non-member state…
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14th August 2012

ACAS publish new redundancy guidance

On 30 July ACAS published a new guide for employers on handling redundancy.  It can be downloaded here: http://www.acas.org.uk/index.aspx?articleid=747
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14th August 2012

Breach of Mutual Trust and Confidence Capable of being Cured/Prevented

In Assamoi v Spirit Pub Company (Services) Ltd UKEAT/0050/11  the EAT has upheld a tribunal's decision that there was no breach of trust and confidence when an employer vindicated an employee whose manager had made spurious allegations that were likely to damage trust and confidence.  Since the…
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14th August 2012

Mutuality of obligation in casual worker arrangement despite parties' ability to terminate at will

In Drake v Ipsos Mori UK Ltd [2012] UKEAT/0604/11 the EAT has found that, where a market researcher worked on an ad hoc basis on a succession of individual assignments, there was sufficient mutuality of obligation to establish an employment relationship. The individual was expressly told that he…
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14th August 2012

Loss of death-in-service benefit recoverable by deceased former employee's estate

The EAT has held that the dependents of an employee who died a few days after being dismissed could claim the loss of the death-in-service benefit which would have been provided had he died during his employment. Where the employee died shortly after dismissal, the loss amounted to the full sum…
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14th August 2012

"Work for your Benefit" Scheme is Lawful

In Reilly & Anor, R (on the application of) v Secretary of State for Work and Pensions (Rev 1) [2012] EWHC 2292 (Admin) Ms Reilly and Mr Wilson challenged the Department of Work and Pensions work for benefit scheme, arguing it is contrary to Article 4 of the European Convention on Human Rights…
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14th August 2012

Zero-Hours Umbrella Contractors are Actually Employees

In Pulse Healthcare Ltd v Carewatch Care Services Ltd & 6 Ors [2012] UKEAT 0123_12_2007 the EAT has held that even though its carers were employed by a contractor and were engaged under a zero hours contract, they were in fact employed under a global contract of employment, with continuity…
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