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7th September 2012

ACAS publishes further redundancy guidance

Following the publication on 30 July 2012 by ACAS of its guidance on "Handling Redundancy" (see news report August 2012), in association with the Equality and Human Rights Commission, ACAS has published a Good Practice Guide on   Managing Redundancy for Pregnant Employees or those on Maternity…
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7th September 2012

Six-month non-solicitation clause upheld by Mercantile Court

In Safetynet Security Ltd v Coppage and another [2012] EWHC B11 (Mercantile) the Court has held that a restrictive covenant which prohibited a director from soliciting anyone who was a customer or client during his employment for six months following his termination was reasonable, even though it…
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7th September 2012

Failure to pay sick pay can amount to fundamental breach for constructive dismissal

The EAT has confirmed that? an employer committed a fundamental breach of contract by intentionally failing to pay an employee the full amount of pay properly due, even though it made an honest mistake working out how much pay is due.? In Roberts v Whitecross School (Unfair Dismissal : Constructive…
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7th September 2012

No failure to mitigate loss by refusing to be self-employed : "offers" made prior to and reason for dismissal

In F & G Cleaners v Saddington & Ors [2012] UKEAT 0140_11_1608 the EAT   found the duty to mitigate had not arisen when the offers were made. It did not commence until after dismissal. Accordingly, not only was it not unreasonable not to accept self-employment, since the employees were…
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7th September 2012

Pool of One: Fair Redundancy

In Wrexham Golf Club Co Ltd v Ingham [2012] UKEAT 0190_12_1007 the EAT held that a Tribunal must consider   the question of whether it was reasonable for an employer to focus on a lone employee as the person at risk of redundancy rather than consider selection from a wider range of employees than…
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7th September 2012

Compensatory Award Must be Linked to Worker's Entitlement

Based on new evidence not previously disclosed, in Kings Castle Church v Okukusie [2012] UKEAT 0472_11_1306 the EAT overturned an award made by the Employment Tribunal for a pastor's future losses calculated for 6 months from the date of his dismissal and substituted a fresh award. The new award…
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7th September 2012

Impact of AWR: 9 months on

ACAS have published the results of a survey carried out by the CBI and Harvey Nash which scrutinises the affect of the Agency Workers Regulations 2010, which came into effect on 1 October 2011. The survey reveals that 57% of businesses have reduced the number of agency workers they use and 8% have…
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7th September 2012

Re-engagement ordered in TUPE Claims

In Manchester College v Hazel and another UKEAT/0642/11 the EAT, upholding the original decision of the employment tribunal, decided that two employees, who were dismissed for failing to agree to new terms (including a pay cut) following a TUPE transfer, were unfairly dismissed. Although the reason…
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7th September 2012

Councils have no need to reply to FOI request regarding Compromise Agreement

In Trago Mills (South Devon) Ltd v Information Commissioner EA/2012/0028 the First-tier Tribunal (Information Rights) has upheld a decision of the Information Commissioner that a local authority was right not to disclose the details of a former employee's compromise agreement in response to a…
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7th September 2012

Reasons for Constructive Dismissal

In Logan v. Celyn House Ltd   [2012] UKEAT 0069_12_1907 the EAT has confirmed that   there is no requirement for the fundamental breach of the contract to be an employee’s principal reason for resigning from their employment. In this case, the Claimant resigned in response to a grievance…
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7th September 2012

Minicab Driver was not an Employee

The EAT has held that since a driver of a minicab was allowed to work as and when he pleased under the terms of his contract, there was no mutuality of obligation between the parties and therefore there was no contract of employment. In Knight v. Fairway & Kenwood Car Service [2012] UKEAT…
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13th September 2012

Substantial Fines by ICO for breach of data privacy

The Information Commissioner is now fining organisations heavily for breach of data protection law.  In this instance a council was fined £250,000 when information about pension records of former employees was found in public waste.  Last month a hospital trust was fined £175,000 for publishing…
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13th September 2012

Highest Payment to Whistleblower made in USA

A former UBS AG banker who helped the U.S. government unleash an international crackdown on tax evasion was awarded $104 million in what is believed to be the largest-ever whistleblower payout to an individual.  Mr Bradley Birkenfeld began cooperating with U.S. authorities in 2007, while still at…
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14th September 2012

Employment Law Reforms Announced by BIS

Secretary of State for Business, Innovation and Skills has this morning outlined various proposed reforms to employment law which include further caps on awards that can be made by the Tribunal for unfair dismissal and the introduction of "settlement agreements".  Click here to see the press…
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14th September 2012

BIS Publishes Call for Evidence on TUPE

The government's response to the consultation can be found here BIS TUPE Report We can keep you abreast of developments regarding this report and its effects. Please email us at contact@timjohnson-law.com if you would like employment law reform updates or advice on TUPE or outsourcing.
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21st September 2012

Contributory Fault in Misconduct Dismissals

In Nejjary v Aramark Ltd UKEAT/0054/12 the EAT held that a Tribunal had erred by considering aspects of the employee's record that the employer expressly did not take into account when deciding to dismiss.  As a result, the Tribunal’s judgment that the employee’s dismissal was fair was…
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21st September 2012

New NMW rates from 1 October 2012

The National Minimum Wage (Amendment) Regulations 2012 (SI 2012/2397) were made on 15 September 2012 and will change the rates of national minimum wage from 1 October 2012: The standard adult rate (workers aged 21 and over) will be £6.19. The development rate (workers aged between 18 and 20) will…
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21st September 2012

Employment Tribunals and EAT statistics 2011/2012

The Ministry of Justice has published employment tribunals and EAT statistics for the period 1 April 2011 to 31 March 2012. The report includes the number of claims accepted by the tribunals, as well as maximum and average awards for unfair dismissal and discrimination compensation and costs.  Key…
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21st September 2012

Discrimination: Burden of Proof Shifted Due to Inadequate Explanation

In Birmingham City Council and Semlali v. Millwood UKEAT/0564/11/DM the EAT has held that the inadequacies of the explanations offered by the employer regarding why the Claimant was treated badly by comparison with someone of a different race should have led the Tribunal to question what inference…
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