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Should employment tribunal proceedings be postponed when High Court proceedings, arising from the same facts, have been threatened but not issued, ask Julian Yew and Lauren McLardie ‘If the claimant is unable to continue to pursue the High Court claim, that claim will need to be discontinued and costs may be awarded in favour of …
Continue reading "Tribunal Procedure: Staying power"
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Sarah Hogg considers the latest in the long line of cases on whether employees on long-term sick leave are entitled to holiday pay ‘An employee who is off work on sick leave is faced with a choice: they may choose to take annual leave or they may ask for it to be deferred, but the …
Continue reading "Holiday Pay: Use it or lose it"
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A Court of Appeal decision has reinforced the principle that employers should not be prevented from providing a negative reference for ex-employees as long as it is true, accurate and fair, explains Sarah Ozanne ‘The duty of care by the ex-employer is to use reasonable care and skill in ensuring the accuracy of any facts …
Continue reading "References: Honesty is the best policy"
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Employers need to think through a decision to suspend an employee and avoid making a knee-jerk reaction, comment Christopher Hitchens and Rachel Ashwood ‘To invoke the power to suspend, the employer must have reasonable grounds for doing so and cannot simply suspend an employee because enquiries are being carried out.’ The practice of suspending an …
Continue reading "Disciplinary Procedures: Suspending judgement"
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Sandra Wallace considers what public bodies need to do to comply with the delayed Equality Act 2010 (Specific Duties) Regulations 2011, which came into force in September ‘Having due regard to the need to foster good relations between people who share a relevant protected characteristic and those who do not share it involves having due …
Continue reading "Public Sector Equality Duty: Time to get specific"
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Employment tribunals are increasingly having to resolve discrimination claims brought against partnerships. Suzanne McKie and Laura Bell look at the key issues ‘When seeking to resolve disputes within a partnership structure, it is common to have informal “without-prejudice chats” between partners to keep disputes low-key.’It is fair to say that equity partners are becoming increasingly …
Continue reading "Discrimination Law: Claims by equity partners"
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The government’s proposal to extend the period of service required to bring an unfair dismissal claim could have a damaging effect on both employers and employees, warn Paul Callaghan and Christopher Cooper Employers may make mistakes or have misgivings after the recruitment of certain employees and should have the flexibility to deal with this easily. …
Continue reading "Unfair Dismissal: Double trouble"
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Nicholas Greenacre and Euan Fergusson examine recent proposals to curb excessive rewards for senior executives. ‘This article examines whether enhancing the role that shareholders play in determining executive pay, and revising the role and make-up of remuneration committees, will succeed in curbing top executives’ pay.’ On 19 September 2011, the Department for Business Innovation & …
Continue reading "Remuneration: A greater say on pay"
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Half of employers believe that the abolition of a fixed retirement age will have a negative impact on their business, reports Paul Griffin According to a research report by employment lawyers at Norton Rose LLP, scrapping the default retirement age (DRA) in the UK could lead to a reduction in opportunities for younger workers. More …
Continue reading "Default Retirement Age: Concerns remain over axed limit"
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The leaked Beecroft report may not go the right way about it but there is a case for far-reaching reform of the unfair dismissal regime, argues James Davies ‘It is fair to say that there are serious flaws with unfair dismissal law that would warrant a fundamental review of its purpose and effectiveness.’Abolishing unfair dismissal …
Continue reading "Unfair Dismissal: It’s time to simplify the law"
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