Share     Fri 18 May 2012

Unfair dismissal

Employment Case Law: Sex discrimination

The latest decisions from employment tribunals on the cases that matter to you
 

Sex discrimination Hawkins v Atex Group Ltd and others [2012] All ER (D) 71 (Apr)   In 2004, the employee’s husband became CEO of Atex. From September 2006, the employee provided HR and marketing services to Atex through a company jointly owned by herself and her husband. In...

Employment Case Law: Religious discrimination

Religious discrimination Saini and others v Bungay and another [2012] All ER (D) 40 (Mar)   The claimants worked for the third defendant not-for-profit advice centre. The second claimant was summarily dismissed in July 2007, purportedly on grounds of gross misconduct. The first...

Employment Case Law: Racial discrimination

The latest decisions from employment tribunals on the cases that matter to you

Racial discrimination Bahous v Pizza Express Restaurant Ltd [2012] All ER (D) 191 (Jan)   The employee worked as a waiter. He was a British citizen of Moroccan origin. In July 2009, the employer asked the employee to produce his passport under threat of suspension. The employee had...

“Hire and fire” provisions may be revisited in Budget

  Controversial plans to allow employers to “hire and fire” staff at will may be revived by the Chancellor in the Budget.   As part of George Osborne’s “go for growth” package, to be announced next month, Conservative MPs have been pushing for a...

Legal Comment: Walking the tightrope of the right to work

Penalties for employing an illegal worker are high, explains Jane Emslie.
 

Employers face penalties of up to £10,000 for each illegal worker they employ. The only defence against such fines is to take and retain copies of documents showing employees’ entitlement to work in the UK. However, occasionally there may be a mismatch between the evidence available...

Employment Case Law: Equal pay

The latest decisions from employment tribunals on the cases that matter to you

Equal pay Secretary of State for Justice (sued as national offenders management service) v Bowling [2012] All ER (D) 13 (Jan)   In August 2008, the employee (B) started working in a shared service centre operated by the prison service. Her job title was Service Desk User Support Team...

Qualifying time set

The new two-year qualifying period for unfair dismissal claims will only apply to staff who begin work on or after 6 April 2012.   The Government has confirmed that those who are already employed or start a job before 6 April will still be able to make a claim after only one year....

Maximum payouts rise

Maximum compensation limits for unfair dismissal and redundancy payments increased on 1 February 2012.   Falling under the Employment Rights Act, from February onwards the weekly wage limit for calculating redundancy pay will rise by £30 to £430. This seemingly small cost may...

TUC brands tribunal fees “chequebook justice”

  Charging for bringing an employment tribunal case has been branded “chequebook justice” by the Trades Union Congress (TUC).   The union has hit out at Government plans to introduce fees arguing that it will have a huge impact on ensuring equality at work. It also...

Olympus whistleblower to raise unfair dismissal case

  Michael Woodford is to put forward a case of unfair dismissal after he was told that he could not return to work following his allegations of an accounting scandal at Olympus.   The former Chief Executive admitted defeat after his battle to get his job back and reshuffle the...

Legal Comment: Social media and unfair dismissal claims

Nick Thomas outlines cases where companies have taken action against employees.
 

With around 700 million users across Europe, for many Facebook has become the communication tool of choice. When people post their private thoughts in what they believe to be a secure environment, often the last thing they think about is their employment obligations. However, as a string of...

Mediation is the crux of the employment law reform

  Mediation is to become central to the Government’s employment tribunal system reforms, revealed Vince Cable. The Business Secretary has set out various changes to the current process in order to curb the number of claims that reach the tribunal stage. In future all claimants...

Legal Comment: The leaked Beecroft report and unfair dismissal

Leah de Vries reassures employers over the risk of dismissing underperforming staff

It is not surprising that the Government has already made it clear that the changes suggested to unfair dismissal in the leaked Beecroft report, which essentially amount to the dismantling of the current laws, are very unlikely to progress beyond speculation.   This debate will play to...

Employment Case Law: Victimisation

The latest decisions from employment tribunals on the cases that matter to you

Victimisation Mulvie v St John Ambulance [2011] All ER (D) 18 (Oct) The employee was Director of Fundraising from 1 July 1999 until he resigned from his employment on 12 February 2010 with immediate effect. That resignation had followed his receipt of a letter from the employer dated 12...

Controversy grows around unfair dismissal

Controversial plans to scrap unfair dismissal rights in favour of a compensation payment failed to gain the backing of the Chancellor, amid rumours of a split over the proposal.   The Prime Minister is reportedly angry at suggestions that there is disagreement within the Coalition over...
 

 

 

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