TUC warns over unfair dismissal law time change – BBC News

Posted April 3rd, 2012 in news, time limits, trade unions, unfair dismissal by sally

“Increasing the time before workers are protected from unfair dismissal from one year to two years could affect 2.7 million people, union bosses have said.”

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BBC News, 3rd April 2012

Source: www.bbc.co.uk

Change of work location under TUPE transfer can give rise to automatic unfair dismissal, tribunal rules – OUT-LAW.com

Posted March 8th, 2012 in news, transfer of undertakings, tribunals, unfair dismissal by sally

“A movement of workers to another location as a result of a change in employer is a ‘substantial change’ in working conditions which can give rise to successful claims for automatic unfair dismissal, an employment tribunal has ruled.”

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OUT-LAW.com, 8th March 2012

Source: www.out-law.com

Professional footballer brings race discrimination claim – Daily Telegraph

Posted February 27th, 2012 in employment tribunals, news, race discrimination, sport, unfair dismissal by tracey

“Mark McCammon, 33, claims that he and other black players at Gillingham FC were treated differently to white players. The tribunal case, believed to be the first race discrimination claim brought by a professional footballer, comes amid widespread concern over racism in football.”

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Daily Telegraph, 26th February 2012

Source: www.telegraph.co.uk

Baby P social workers to appeal over sacking – BBC News

Posted February 21st, 2012 in appeals, employment tribunals, news, social services, unfair dismissal by tracey

“Two social workers who lost their jobs after the killing of Baby P will appeal against an employment tribunal ruling they were fairly sacked.”

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BBC News, 21st February 2012

Source: www.bbc.co.uk

Landmark judgment on fixed-share partner rights – Law Society’s Gazette

Posted February 10th, 2012 in law firms, limited liability partnerships, news, unfair dismissal by tracey

“Fixed-share partners of law firms are not employees and cannot claim employment rights before a tribunal, the Court of Appeal has ruled. However the ruling, in a case brought by Martin Tiffin against southern England law firm Lester Aldridge (LA), applies only when fixed-share partners enjoy some of the ‘obligations and responsibilities’ of full equity partnership.”

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Law Society’s Gazette, 9th February 2012

Source: www.lawgazette.co.uk

Ravat v Halliburton Manufacturing and Services Ltd [2011] UKSC 1; [2012] WLR (D) 24

Ravat v Halliburton Manufacturing and Services Ltd [2011] UKSC 1; [2012] WLR (D) 24

“An employment tribunal could consider a claim for unfair dismissal by an employee who worked overseas if the connection between the employment relationship and Great Britain was sufficiently strong to show that that could be justified.”

WLR Daily, 8th February 2012

Source: www.iclr.co.uk

Tiffin v Lester Aldridge LLP – WLR Daily

Posted February 3rd, 2012 in law firms, law reports, limited liability partnerships, unfair dismissal by sally

Tiffin v Lester Aldridge LLP [2012] EWCA Civ 35; [2012] WLR (D) 19

“Section 4(4) of the Limited Liability Partnerships Act 2000 required an assumption that the business of the limited liability partnership had been carried on by two or more of its members as partners and upon that assumption, required an inquiry as to whether or not the person whose status was in question would have been one of the partners. If the answer to that inquiry was that he would have been a partner then he could not have been an employee of the partnership; if the answer was that he would not have been a partner there would have to be further inquiry as to whether his relationship would have been that of an employee. It was implicit that the primary source material for the purpose of answering those questions would be the members’ agreement although that would not necessarily represent the totality of what might be looked at.”

WLR Daily, 1st February 2012

Source: www.iclr.co.uk

Court of Appeal rules fixed share partners are not employees – Legal Week

Posted February 3rd, 2012 in law firms, limited liability partnerships, news, unfair dismissal by sally

“The Court of Appeal has upheld an Employment Appeal Tribunal (EAT) ruling that fixed share partners are not employees and, as such, are not eligible to claim for unfair dismissal.”

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Legal Week, 2nd February 2012

Source: www.legalweek.com

Spaceright Europe Ltd v Baillavoine and another – WLR Daily

Posted December 16th, 2011 in insolvency, law reports, transfer of undertakings, unfair dismissal by tracey

Spaceright Europe Ltd v Baillavoine and another: [2011] EWCA Civ 1565;  [2011] WLR (D)  369

“The company administrator’s dismissal of a company employee when it had gone into administration could be for a reason connected with the transfer of a business, for the purposes of regulation 7(1) of the Transfer of Undertakings (Protection of Employment) Regulations 2006, and constituted an automatic dismissal of the employee, even if the disposal of the business and assets and the identity of the transferee had not been in contemplation at the time of that dismissal.”

WLR Daily, 14th December 2011

Source: www.iclr.co.uk

Reduced consultation periods and overhauled tribunal system proposed as part of ‘radical’ employment law changes – OUT-LAW.com

Posted November 24th, 2011 in consultations, employment tribunals, news, redundancy, unfair dismissal by sally

“The 90 day minimum consultation period for collective redundancies may be restricting business and could be reduced as part of the most radical reform to employment law for decades, the Government has said.”

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OUT-LAW.com, 24th November 2011

Source: www.out-law.com

Employment law: what the changes could mean in the workplace – The Guardian

Posted November 24th, 2011 in arbitration, employment, news, unfair dismissal by sally

“A loss of unfair dismissal rights, changes to tribunal entitlement, and faster lay-offs are among the reforms proposed.”

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The Guardian, 23rd November 2011

Source: www.guardian.co.uk

More Muddling on Employment Law – Garden Court Chambers Blog

Posted November 24th, 2011 in arbitration, employment, employment tribunals, news, unfair dismissal by sally

“Vince Cable has announced yet more employment law reform. Rajeev Thacker questions whether there is any justification for this further erosion of employee rights.”

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Garden Court Chambers Blog, 23rd November 2011

Source: www.gclaw.wordpress.com

Lap dancer wins right to take Stringfellows to employment tribunal – The Guardian

Posted November 21st, 2011 in employment tribunals, news, self-employment, unfair dismissal by tracey

“The rights of thousands of women working as lap dancers are to be tested after a judge ruled that an appeal tribunal should establish whether Stringfellows ’employed’ its performers.”

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The Guardian, 18th November 2011

Source: www.guardian.co.uk

Monetary remedies in the Tribunal (including interim relief); Maximising the value or minimising the pain – 11 KBW

Posted November 14th, 2011 in compensation, employment tribunals, news, pensions, unfair dismissal by sally

A recession tends to lead to more claims but fewer trials. Employees naturally look for ways to maximise the value of their claims – particularly by reference to causes of action that bust the cap for a ‘vanilla’ unfair dismissal – often (in the case of high value employees) by reference to the whistleblowing legislation. The ‘bar’ for what qualifies for protection as a whistleblowing disclosure is set relatively low, and an employee dismissed from (say) employment in the financial services sector can usually identify something he or she has said in the recent past that can be held out as ‘revealing’ the employer’s true motivation for dismissing and/or as supporting a section 103A claim. On the flip side, recessions may give employers greater scope for ‘Polkey Chance’ arguments – market uncertainty undermines security of employment, and even if the employee has been unfairly dismissed now, who is to say that he or she would still have been in post in a year’s time?

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11 KBW, 10th November 2011

Source: www.11kbw.com

Dorset gardener unfairly dismissed for anti-hunting views – BBC News

Posted October 28th, 2011 in belief discrimination, hunting, news, unfair dismissal by tracey

“A Dorset man was unfairly dismissed from his job at a garden centre because of his anti-hunting beliefs, an employment tribunal has ruled.”

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BBC News, 27th October 2011

Source: www.bbc.co.uk

Lawyers slam government plans to restrict unfair dismissal claims – The Lawyer

Posted October 27th, 2011 in news, reports, unfair dismissal by sally

“Employment lawyers have hit back at a leaked government paper that proposes abolishing unfair dismissal claims for ’unproductive workers’, stressing it would rob all employees of basic legal protection.”

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The Lawyer, 26th October 2011

Source: www.thelawyer.com

Employees will pay to bring unfair dismissal claims, government proposes – The Guardian

Posted October 4th, 2011 in employment tribunals, news, unfair dismissal by tracey

“Workers will have to pay to bring unfair dismissal claims and will not be able to do so unless they have worked for the employer for at least two years, the government has said. Under the plans, applicants will be obliged to pay the costs of an unfair dismissal claim – £250 for lodging a claim and a further £1,000 if the case goes to a hearing – which will only be refunded if the employee wins. The change to double the length of employment needed before a claim can be made will come into affect on 6 April 2012.”

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The Guardian, 3rd October 2011

Source: www.guardian.co.uk

Directors of an organisation can be liable for discrimination as agents, tribunal finds – OUT-LAW.com

Posted October 3rd, 2011 in agency, news, religious discrimination, unfair dismissal by sally

“Directors of an organisation can be guilty of breaching discrimination laws when carrying out acts on behalf of that organisation, the Employment Appeals Tribunal (EAT) has said.”

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OUT-LAW.com, 30th September 2011

Source: www.out-law.com

OFT uncovers ‘unfair’ mobility aid sales practices – The Guardian

Posted September 30th, 2011 in disabled persons, elderly, news, unfair commercial practices, unfair dismissal by tracey

“Evidence of unfair sales practices targeted at elderly and vulnerable consumers buying mobility aids has been uncovered by the Office of Fair Trading (OFT), leading to an investigation into two nationwide traders.”

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The Guardian, 29th September 2011

Source: www.guardian.co.uk

No Government decision on unfair dismissal claims – The Independent

Posted September 29th, 2011 in employment, news, unfair dismissal by sally

“The Government today insisted it had made no final decision on whether to increase the qualifying period for unfair dismissal claims from 12 months to two years and was still considering responses to a consultation.”

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The Independent, 28th September 2011

Source: www.independent.co.uk