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14th May 2013

Queen's Speech 2013: Impact on Employment Law

The Queen's Speech was delivered on 8 May 2013. The Government will be introducing several new bills, a few of which will have employment law implications. The most important ones are set out below. " Deregulation Bill The employment tribunal's power to make wider recommendations in discrimination…
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24th May 2013

New report on the problems faced by whistleblowers

A new report, Whistleblowing: the inside story, into whistleblowers and their experiences has been published by Public Concern at Work and the University of Greenwich. The report highlights the following issues: · 60% of whistleblowers did not receive any response from management. · 74% of…
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24th May 2013

Changes to the Disclosure Barring Service

The DBS has announced that from 17 June 2013 for an annual subscription of £13 individuals will be able to subscribe to the DBS update service. Other changes include: · DBS certificates will initially be sent only to the individual applicant to give him or her time to challenge the contents…
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30th May 2013

Tribunal Fees payable from 29 July 2013

HM Courts and Tribunals Service have confirmed that fees will be implemented in employment tribunals and the EAT on Monday 29 July 2013. from this date, all tribunal claimants and EAT appellants will be liable to pay a fee or provide an application for fee remission against that fee. Fees will be…
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30th May 2013

Employee victimised for bringing discrimination proceedings against a previous employer.

Practical Law Company has provided the following case report on the recent tribunal decision in Bouabdillah v Commerzbank AG.  Although the article does not focus on post-employment victimization, please note that the position on post-employment victimization has changed since the comments made by…
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31st May 2013

No strike-out in whistleblowing claim where knowledge of the facts is required to understand "detriment"

In Abertawe Bro Morgannwg University Health Board v. Ferguson [2013] UKEAT 0044/13/24/04 the EAT has held that, in the context of a claim for detriment as a result of whistleblowing, "subjecting" a person to detriment means "causing" it by act or omission. Further, an allegation of deliberate…
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31st May 2013

Seldon: compulsory retirement age of 65 was proportionate means of achieving legitimate aims

Following remission of the case of Seldon to the employment tribunal by the Supreme Court, it has been decided that a compulsory retirement age of 65 was a proportionate means of achieving the legitimate aims of workforce planning and retention of staff in the particular circumstances of the law…
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31st May 2013

Victimisation: Onu v Akwiwu decision creates uncertainty about post-employment victimisation

It was thought that victimisation by an employer which occurs after the employment has ended is not unlawful under the Equality Act 2010. However, in Onu v Akwiwu the EAT has held that this is wrong under EU law. The issue will have to be decided by the Court of Appeal as there are now contrary EAT…
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