“The Government’s latest announcements on employment law reform, including a major reduction in the level of compensation that can be awarded if a worker is successful in bringing a claim for unfair dismissal, target the ‘compensation culture’ that the current system encourages, an expert has said.”
OUT-LAW.com, 17th September 2012
Source: www.out-law.com
“Ministers will today announce a consultation on reducing the upper limit on compensation payments for unfair dismissal from its current level of more than £72,000.”
Daily Telegraph, 13th September 2012
Source: www.telegraph.co.uk
“A paramedic who allegedly slapped an elderly patient three times across the face was not unfairly dismissed, a tribunal has ruled.”
BBC News, 12th September 2012
Source: www.bbc.co.uk
“For the benefit of anyone who has not worked in this area previously or recently, I shall summarise the basics. The relevant legal rules are found in the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (‘TUPE’) which came into force on 6 April 2006. The most important change from the Transfer of Undertakings (Protection of Employment) Regulations 1981 (SI 1981/1794) has been the expansion of the definition of ‘a relevant transfer’ to encompass a service provision change as well as a transfer of an economic entity which retains its identity. This is a complex area of law, in which it is often hard to discern any broad principle which indicates the correct answer to the case on your desk: it is essential always to keep referring back to and re-reading the TUPE regulations themselves.”
Full story (PDF)
11 KBW, 17th August 2012
Source: www.11kbw.com
“The Welsh National Opera unfairly dismissed its former principal oboist, the Court of Appeal has ruled.”
BBC News, 31st July 2012
Source: www.bbc.co.uk
“A black footballer’s dismissal by his club was unfair racial victimisation, a tribunal has ruled.”
BBC News, 30th July 2012
Source: www.bbc.co.uk
“Law Commission proposes package of measures to help protect customers from hidden charges buried in the small print.”
The Guardian, 25th July 2012
Source: www.guardian.co.uk
Mahamdia v People’s Democratic Republic of Algeria: (Case C-154/11); [2012] WLR (D) 218
“An embassy situated in a member state of the European Union was an ‘establishment’ within the meaning of article 18(2) of Council Regulation (EC) No 44/2001, in the context of a dispute concerning a contract of employment concluded by the embassy on behalf of the sending state, where the functions carried out by the employee did not fall within the exercise of public powers. Article 21(2) of the Regulation meant that an agreement on jurisdiction, concluded before a dispute arose, fell within that provision in so far as it gave the employee the possibility of bringing proceedings not only before the courts ordinarily having jurisdiction under the special rules in articles 18 and 19 of the Regulation, but also before other courts, which could include courts outside the European Union.”
WLR Daily, 19th July 2012
Source: www.iclr.co.uk
“A company can be liable for unwanted comments made on the Facebook account of an employee by colleagues, providing that the actions ‘fall within the course of employment’, an employment tribunal has found.”
OUT-LAW.com, 20th July 2012
Source: www.out-law.com
“Senior Daily Telegraph journalist Andrew Gimson has lost a case claiming that he was unfairly dismissed after more than seven years as the newspaper’s main parliamentary sketchwriter on the grounds of ageism.”
The Guardian, 19th July 2012
Source: www.guardian.co.uk
Leach v Office of Communications: [2012] EWCA Civ 959; [2012] WLR (D) 205
“The trust placed by an employer in an employee was at the core of their relationship. The employment tribunal had been entitled to find that, where the employer had received an unproved and untested allegation of an overseas child sex offence against the employee, who had not disclosed it to the employer prior to his appointment, the resulting breakdown of trust had constituted ‘some other substantial reason’ within the meaning of section 98(1)(b) of the Employment Rights Act 1996 summarily to dismiss the employee in order to prevent the employer’s reputation being damaged.”
WLR Daily, 13th July 2012
Source: www.iclr.co.uk
“Regulations designed to protect employees when the company they work for is taken over by a new owner will not apply where the contractor providing business services changes at the same time as the client for whom those services are being carried out, the Employment Appeal Tribunal (EAT) has confirmed.”
OUT-LAW.com, 28th June 2012
Source: www.out-law.com
“Her landmark legal battle against the nightclub could bring radical changes in employment rights.”
The Guardian, 18th June 2012
Source: www.guardian.co.uk
“A group of 6,000 employment lawyers has warned that a proposal to cut red tape by allowing micro-businesses to sack staff who have done nothing wrong will not reduce tribunal claims.”
Law Society’s Gazette, 8th June 2012
Source: www.lawgazette.co.uk
“An art teacher at an independent girls’ school who was sacked after becoming pregnant has won her case of unfair dismissal.”
The Independent, 6th June 2012
Source: www.independent.co.uk
“A Christian mental health worker who was sacked over her opposition to abortion is suing the NHS accusing it of having a ‘dangerously totalitarian’ approach to dissent on the issue.”
Daily Telegraph, 28th May 2012
Source: www.telegraph.co.uk
“Two of Baby Peter’s social workers have lost their appeal against an employment tribunal ruling that they were fairly sacked.”
BBC News, 25th May 2012
Source: www.bbc.co.uk
“A draft Bill designed to reform certain aspects of employment law and encourage ‘strong, sustainable’ economic growth contains a provision which would allow the Government to radically reduce compensation awards for unfair dismissal.”
OUT-LAW.com, 24th May 2012
Source: www.out-law.com
“The ‘fire at will’ employment proposals may have been doused, but that doesn’t mean employees are safe. They still have to fight their corner when it comes to dismissals.”
The Guardian, 24th May 2012
Source: www.guardian.co.uk
“For a government much divided about rights of employees and the Beecroft Report that proposes curtailing them, some relief is provided by this Court of Appeal ruling, a further blow to those who have argued that Article 6 can be deployed against their employers.”
UK Human Rights Blog, 23rd May 2012
Source: www.ukhumanrightsblog.com
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