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?

Full story (PDF)

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

UK firm unfairly dismissed employee for Facebook comments, Tribunal rules – OUT-LAW.com

Posted September 26th, 2011 in disciplinary procedures, internet, news, unfair dismissal by sally

“A worker who was sacked after criticising her workplace on Facebook was unfairly dismissed, an Employment Tribunal has ruled.”

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OUT-LAW.com, 26th September 2011

Source: www.out-law.com

Tribunal sets out employee’s unfair dismissal rights in length of service dispute – OUT-LAW.com

Posted August 16th, 2011 in appeals, employment tribunals, news, unfair dismissal by sally

“The EAT has ruled that an employee summarily dismissed during a notice period cannot bring an unfair dismissal claim if the dismissal means they have insufficient length of service to raise a claim.”

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OUT-LAW.com, 15th August 2011

Source: www.out-law.com

Sharon Shoesmith unfair dismissal ruling backed by supreme court – The Guardian

“The supreme court has rejected applications by the Department for Education and Haringey council to challenge a landmark ruling that Sharon Shoesmith was unfairly sacked following the death of Baby P.”

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The Guardian, 2nd August 2011

Source: www.guardian.co.uk

Policewoman appeared on Total Wipeout while on sick leave from force – Daily Telegraph

Posted July 27th, 2011 in compensation, media, news, police, sick leave, unfair dismissal by tracey

“A policewoman who was forced out of her job after going on the TV show Total Wipeout while she was off sick, is now suing force chiefs.”

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Daily Telegraph, 27th July 2011

Source: www.telegraph.co.uk

Secretary of State for Children, Schools and Families v Fletcher; Duncombe v Secretary of State for Children, Schools and Families (No 2) – WLR Daily

Secretary of State for Children, Schools and Families v Fletcher; Duncombe v Secretary of State for Children, Schools and Families (No 2); [2011] UKSC 36  [2011] WLR (D)  247

“Teachers who had been employed by the Secretary of State for Children, Schools and Families and seconded to work at European Schools throughout the European Union were entitled to bring unfair dismissal claims before an employment tribunal under section 94(1) of the Employment Rights Act 1996.”

WLR Daily, 15th July 2011

Source: www.iclr.co.uk

Supreme Court extends employment rights to Government-employed teachers working abroad – OUT-LAW.com

Posted July 21st, 2011 in employment, news, Supreme Court, teachers, unfair dismissal by sally

“Teachers working for the UK Government in European Schools should have the same protections from unfair dismissal as those working in the UK, the Supreme Court has ruled.”

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OUT-LAW.com, 21st July 2011

Source: www.out-law.com

Unions in legal action over Southampton council pay cuts – BBC News

Posted July 13th, 2011 in industrial action, local government, news, trade unions, unfair dismissal by tracey

“Unions have begun legal action after more than 99% of Southampton City Council workers signed new contracts forcing many to take a pay cut.”

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BBC News, 13th July 2011

Source: www.bbc.co.uk