Employment and HR
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- In Stuart v Linde and others [2008] EWCA Civ 2 , the Court of Appeal allowed an appeal against a decision striking out a claim on the ground that it was an abuse of process. The issue in the case was whether it was an abuse of process to bring a second...
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- Advocate General delivers Opinion in Heyday
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- Agency workers and employment status.
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- Polish agency workers protected.
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- Absenteeism
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- Without prejudice protection and privilege may be waived.
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- City mum sues Bloomberg for sexual discrimination As reported by The Telegraph mum s the word for Janine Funsch who won an out of court settlement against Bloomberg, the financial information service. A gagging order prevents her disclosing the...
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- Restrictive covenants (clauses which are normally found in contracts of employment and partnership agreements, which restrict the right of a person to compete with his or her firm) have always been a difficult area of law. The courts are able to strike...
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- Changing terms and conditions of employment-unilateral change by council employer of benefits found to be breach of contract In Nicholas Hugh Parry Weatherill and others v Birmingham City Council council employees sued...
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- In Beasley v National Grid [2008] EWCA Civ 50 Wall LJ held that a three-judge Court of Appeal should consider an employee's application for leave to appeal against the finding of a tribunal chairman, that the tribunal did not have jurisdiction to hear...
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- The Lawyer magazine has reported that over 40% of employers are unprepared for the the new age discrimination training that comes into effect 1 October. HR Managers have not obtained training as they should...
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- As a general rule, out of court settlements of employment disputes are not legally binding in that they cannot exclude an employee's right to take the matter concerned to an Employment Tribunal (ET). A formal compromise agreement is one of the few...
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- A compromise agreement is an agreement made between an employer and an employee who is having their contract of employment terminated. It sets out the terms under which the termination will take place and contains a provision that the employee will receive a...
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- Compromise agreements-conditional payment terms allowed for clawback
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- Confidential information loss.
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- Confidential information loss.
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- Court of Appeal approves EAT decision in James v London Borough of Greenwich
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- Restrictive covenant damages for employer when employee breaches contract
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- Database rights beolng to agents
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- Director not personally liable for company wrong
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- disability sick leave
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- Discrimination in providing goods, services and facilities-loophole to be closed. There are many grey areas that await clarification at present and it is hoped that the new legislation will close these loopholes. However although the...
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- Data protection for paper records.
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- Btter therapy brings quicker return to work.
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- Email insult results in dismissal
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- Bullying and harassment
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- Employment Bill
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- Equal pay-successor cannot be used as comparator
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- Equal pay for unsocial hours by WPC's.
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- Expired warning can be taken into account when deciding whether to dismiss
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- According to research by the Risk Advisory Group, more than half of CVs submitted by job applicants contain lies or inaccuracies. These range from gaps in employment history to false claims regarding qualifications and failure to mention fraud committed...
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- Flexible working rights extended
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- The Gangmasters Licensing Authority (GLA) , which was set up in 2005 to protect the rights of workers in various industries, including agriculture and horticulture, has reported that in the first quarter of the 2008-2009 financial year, it has...
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- It s that time of year again. Love them or hate them, the invitations to office Christmas parties will be arriving soon if they haven t already. For employers, parties pose a particular threat. Here are some tips on making sure your Christmas office party...
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- More and more workers are spending a large part of their day looking at a computer screen. The Health and Safety (Display Screen Equipment) Regulations 1992 specifically deal with the health and safety issues associated with working with VDUs. The...
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- The Health and Safety Offences Act 2008 received Royal Assent on 16 October 2008 and came into force on 1 January 2009. It amends Section 33 of the Health and Safety at Work etc Act 1974 and has increased penalties for breaches of health and safety...
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- High Court continues interim injunction in customer list case
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- ex-employees who copied and retained various documents belonging to their ex-employer, such as customer contact details and sales figures
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- Home Office announces new plans on immigration and illegal working.
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- IR35 Dragonfly decision
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- Poor interviewing brings law claims to businesses.
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- Increase in statutory sick pay and statutory maternity, paternity and adoption pay from April 2008
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- The Information and Consultation of Employees Regulations 2004
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- Intel negligent for causing stress.
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- Lying in your CV brings legal dangers.
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- Madonna and adoption laws
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- Making the news of late has been the veil and not only by way of Jack Straw s comments which were sensationalised by the media. Widely reported was Azmi v Kirklees Metropolitan Council, in which the Council was exonerated of direct and...
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- Heyday legal challenge to forced retirement age.
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- HMRC has announced the increase to several child-related benefits has been delayed. Statutory Maternity Pay, Maternity Allowance and Statutory Adoption Pay were to increase to 52 weeks for all babies due on or after April 2009 but this now has been...
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- Maternity leave: sick pay
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- A Muslim radiographer has been dismissed from an NHS hospital after refusing to comply with a new policy requiring staff to have their arms bare below the elbow. The policy was introduced in January in an effort to combat the spread of superbugs such as...
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- New minimum wages
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- The Employment Rights (Increase of Limits) Order 2006, which details the annual inflation-linked increase in limits on the amounts which can be awarded by employment tribunals, was made on 14 November 2006 and applies where the appropriate date falls on or...
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- Illegal immigrant working guidance.
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- Newsreader set to claim age discrimination against Channel Five
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- Non-compete clause can be enforceable
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- Reasonable restrictive covenant clause prevents MD working for competitor.
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- RAF officer wins claim for unpaid salary
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- RAF officer wins claim for unpaid salary
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- Bullying at work is rampant says report.
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- Outsourcing outcasts in India.
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- Partnerships and age discrimination
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- Protection Of Harassment Act
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- REC launches Agency Work Commission
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- Hardly a day goes by without there being some mention of illegal immigration in the news. The number of people discovered working here unlawfully has risen sharply in recent years. There has been much talk of the possible introduction of a national...
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- redundancy changed due to age discrimination
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- Report finds number of women in certain senior roles in decline
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- Sham agreement did not have protection of employment tribunal
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- Sham clause status of worker entitles paid annual leave claim
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- Smoking ban set for 2007 in England and Wales.
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- Solicitor seeks to challenge law firm on alleged ageism
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- staff handbook
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- unfair employment law claims
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- Veils of a different sort have been in the news lately re Jack Straw and others. In the corporate world courts can only remove a business s limited status-known as lifting the veil-in very limited circumstances. ...
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- TUPE: employee not assigned to the part of the undertaking transferred
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- Payment In Lieu Of Notice-tax
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- Rights of homeworkers
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- pension scheme consultation
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- MySpace and other online dangers for job candidates.
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- Tom Cruise beats cybersquatter
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- Transfer could be reason for dismissal even if potential buyer not yet identified
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- Tribunal to rule on application of TUPE to transfer of client accounts between law firms