Legal Updates from Kervin & Barnes
At Kervin & Barnes, we believe in being up-to-date with the latest in employment law and regularly send out employment law update newsletters.
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“Native English” requirement in Job Advertisements
7 September 2021
Our Managing Partner, Gareth Kervin, was recently quoted in an article on Vice Media regarding the lawfulness of asking for “native English” in job adverts. Gareth said that in instances where “native English” is required, we can talk about “indirect discrimination”. “Indirect discrimination is when an employer sets criteria or a requirement,” says Kervin, meaning […]
Read moreEAT case on “gender-critical” belief
15 June 2021
On 10 June 2021 the EAT determined that a “gender-critical” belief is capable of protection under the Equality Act 2010 (EqA 2010). In autumn 2018, Maya Forstater’s visiting fellowship – a consultancy arrangement – with CGD Europe was not renewed. This followed her expression of her “gender-critical” beliefs on social media and CGD’s staff expressing […]
Read moreFurlough scheme running until 30 September 2021
3 March 2021
In today’s budget the Chancellor announced that the Coronavirus Job Retention Scheme (CJRS) or furlough scheme will be extended until 30 September 2021. The government contribution under the CJRS will stay at the current rate until the end of June 2021. As a reminder, the CJRS provides 80% of an employee’s usual salary for hours […]
Read moreWho can be furloughed?
8 January 2021
The government has recently updated its guidance on who can be furloughed under the Coronavirus Job Retention Scheme (CJRS). It expressly covers, amongst others, those who “are unable to work, including from home or working reduced hours” because they: are clinically extremely vulnerable, or at the highest risk of severe illness from Coronavirus and following […]
Read moreFurlough until 30 April 2021
18 December 2020
The Chancellor, Rishi Sunak, has announced that the Coronavirus Job Retention Scheme (CJRS, aka the Furlough Scheme) will run until 30 April 2021. This is one month longer than was previously expected. It was also announced that the government contributions towards the wages of those on furlough would not be reduced from the 80% rate. […]
Read moreAcas Early Conciliation
1 December 2020
From 1 December 2020, the default period for Acas Early Conciliation will be six weeks (rather than 1 month, with an optional 2 weeks on top). As a reminder, Early Conciliation is compulsory before an individual can bring an Employment Tribunal claim against their employer/former employer. This has been the case since 2014. The Early […]
Read moreCoronavirus Job Retention Scheme – UPDATED 25.11.20
25 November 2020
UPDATED 25 NOVEMBER 2020 On 5 November 2020, the Chancellor announced that the Furlough Scheme/Coronavirus Job Retention Scheme (CJRS) would be extended to 31 March 2021. Prior to that announcement, the CJRS had been due to end on 30 November 2020 and a Job Support Scheme (JSS) was going to be implemented instead. The JSS […]
Read moreFurlough extension to 31 March 2021
11 November 2020
On 5 November 2020, the Chancellor announced that the Furlough Scheme/Coronavirus Job Retention Scheme (CJRS) would be extended to 31 March 2021. Prior to that announcement, the CJRS had been due to end on 30 November 2020 and a Job Support Scheme (JSS) was going to be implemented instead. The JSS is now out of […]
Read moreJob Support Scheme – JSS Open and JSS Closed
23 October 2020
Since the Job Support Scheme (JSS) was first announced on 24 September 2020 changes to it have been made by the Chancellor to keep up with the additional restrictions placed on some areas of the country. The JSS will be split in to two sections: JSS Open will be available to businesses that are open […]
Read moreNew: Job Support Scheme
25 September 2020
Yesterday afternoon (24 September 2020), Chancellor Rishi Sunak set out details of a new government scheme to aid businesses after the end of the furlough scheme: the Job Support Scheme. The general structure of the scheme has been provided but the detail will be forthcoming in the next week or so. Under the Job Support […]
Read moreNormal wage for SRP and statutory notice
31 July 2020
Today (Friday 31 July 2020) the government has brought in new legislation to confirm that those furloughed employees who are later made redundant must receive any statutory redundancy pay to which they are entitled at their normal wage rate (i.e. 100% and not the furlough 80% rate, albeit subject to the statutory cap on a […]
Read moreJob retention bonus for employers
8 July 2020
Today (8 July 2020) the Chancellor, Rishi Sunak, announced a £1,000 “job retention bonus” for employers that bring employees back from furlough and continue to employ them until at least January 2021. Those employees returning from furlough must earn at least the lower earning limit for national insurance (£520 per month) between November 2020 and […]
Read moreFlexible furlough available 1 July 2020
1 July 2020
Just a reminder that from today, 1 July 2020, employees who have already been furloughed (the scheme having been closed to new joiners from 10 June 2020) can divide their time between flexible working and furlough. The precise balance between work and furlough can be any proportion agreed between the employer and employee. The employee […]
Read moreCoronavirus Job Retention Scheme – Latest Update
5 June 2020
Whilst we are awaiting a further Government Treasury Direction on the Coronavirus Job Retention Scheme (the “Scheme”), the following changes to the Scheme have been announced: 10 June 2020 will be the last day that an employer can place an employee on furlough. The Scheme will run until 31 October 2020. The Government’s support will […]
Read moreCoronavirus Job Retention Scheme extended to October 2020
12 May 2020
The Chancellor has extended the Coronavirus Job Retention Scheme (the Furlough Scheme) until October 2020. More details will follow…………………
Read moreAn Innocuous Final Straw?
7 May 2020
Can constructive dismissal be established if the “final straw” event was an innocuous one? Yes, said the Employment Appeal Tribunal (EAT) in Williams v The Governing Body of Alderman Davies Church in Wales Primary School UKEAT/0108/19/LA. Previous conduct of the employer that amounts to a fundamental breach can be considered by an Employment Tribunal, provided […]
Read moreChanges to the Coronavirus Job Retention Scheme
21 April 2020
In the past week there have been some significant changes to the Government’s Coronavirus Job Retention Scheme (the “Scheme”). We will highlight the main changes and clarifications at the top of this note and repeat our main summary (with the changes incorporated) below that. The Scheme applies to employees on the payroll on 19 March […]
Read moreJob Retention Scheme – Qualification Date revised
15 April 2020
As at 2pm on 15 April 2020: The government has revised the Qualification Date for the Coronavirus Job Retention Scheme from 28 February 2020 to 19 March 2020 (the latter being the day before the Chancellor announced the Scheme). See our update on the Scheme for further details.
Read moreThe latest on the Coronavirus Job Retention Scheme
7 April 2020
As of 10am on 7 April 2020, the Government’s Coronavirus Job Retention Scheme (the “Scheme”) can be interpreted as follows: Fundamentals The Scheme will apply from 1 March 2020 to 31 May 2020; it may be extended. The Government will refund up to 80% of “usual monthly wage costs” (excluding fees, bonuses and most commission) […]
Read moreSelf-employment Income Support Scheme
3 April 2020
Alongside the Coronavirus Job Retention Scheme for Employees, the government has established a Self-employment Income Support Scheme. The key points of this Scheme are as follows: This will provide a taxable grant of 80% of trading profits up to a maximum of £2,500 per month for a three month period (which may be extended if […]
Read moreCoronavirus Job Retention Scheme – Further Update
27 March 2020
As of 11pm on 26 March 2020, the Government’s Coronavirus Job Retention Scheme (the “Scheme”) can be interpreted as follows: *UPDATED LIST* The Scheme will apply from 1 March 2020 to 31 May 2020; it may be extended. The Government will refund up to 80% of “usual monthly wage costs” (excluding fees, commission and bonuses) […]
Read moreCoronavirus Job Retention Scheme – Further information
An ‘FAQ’ document sent by Dr Luke Evans MP (MP for Bosworth) purports to give further information on the Job Retention Scheme. Presumably it is meant to provide employers/employees with further clarity before the formal regulations are implemented: The scheme applies to all employees working through PAYE, whether permanent, temporary, part-time, zero hours or otherwise. […]
Read moreCoronavirus Job Retention Scheme – Further Update
25 March 2020
As of 5pm on 25 March 2020, the Government’s Coronavirus Job Retention Scheme (the “Scheme”) can be interpreted as follows: *UPDATED LIST* The Government will contribute up to 80% of “wages” or “wage costs” (both terms are used) up to a maximum of £2,500 per month for those employees furloughed. “Furlough” is not a term […]
Read moreCoronavirus Job Retention Scheme – Update
24 March 2020
As of 12 noon on 24 March 2020, the Government’s Coronavirus Job Retention Scheme (“the Scheme”) is as follows: The Government will contribute up to 80% of “wages” or “wage costs” (both terms are used) up to a maximum of £2,500 per month for those employees furloughed. “Furlough” is not a term ordinarily used in […]
Read moreAn ethical veganuary judgment
7 January 2020
The Norwich Employment Tribunal has concluded that a Claimant’s ethical veganism (and not simply dietary veganism) amounts to a philosophical belief capable of protection under the Equality Act 2010. Mr Casamitjana has brought a claim for automatically unfair dismissal, whistleblowing detriment and philosophical belief discrimination against The League Against Cruel Sports, a charity. A preliminary […]
Read moreSupreme Court backs refusal right of religious bakers
10 October 2018
Today the Supreme Court found in favour of a Christian couple who refused to bake a cake with the message “Support Gay Marriage” iced on to it. The judgment in Lee v Ashers Baking Company Ltd and others [2018] UKSC 49 can be found here. Mr Lee is a gay man who supports QueerSpace, an […]
Read moreRates and Limits for HR Managers and Employees
10 July 2018
We have recently updated our two-page guide to the current employment law rates and limits. Feel free to download this and save it for reference over the coming months!
Read moreUnequal Shared Parental Pay v Maternity Pay not discriminatory
17 April 2018
Last week the Employment Appeal Tribunal (EAT) gave judgment in the case of Capita v Ali UKEAT/0161/17/BA and concluded it was not discriminatory to pay a man less shared parental pay than a woman would have received on maternity pay. Mr Ali commenced shared parental leave when his child was a few weeks old and […]
Read more2017 Legal Round-Up
30 December 2017
Employment Status and the Gig Economy 11th January 2017 In the first of four soon to be heard employment cases against courier companies (according to the BBC: Addison Lee, Excel and E-Courier), an Employment Tribunal has decided that a cycle courier working for City Sprint was a worker under section 230(3)(b) of the Employment Rights […]
Read more2016 Legal Round-Up
30 December 2016
Taxation of payments for “injury to feelings” 29th Jan 2016 Moorthy v Commissioners for HM Revenue and Customs The Tax and Chancery Chamber of the Upper Tribunal (TCC) held a sum paid to an employee under a settlement agreement in respect of injury to feelings was not exempted from income tax under S.406 of the […]
Read moreUber, Hermes and employment status
20 July 2016
This week there have been more news stories about employment status and those working in growing sectors – Uber drivers and Hermes couriers – known as the “gig economy”. In each instance, the company has claimed that the individuals carrying out work under their name are self-employed contractors and those carrying out the work have […]
Read moreBreakdown in employment relationship – Unfair dismissal?
15 June 2016
This week judgment was delivered by the Employment Appeal Tribunal (EAT) in another interesting SOSR case i.e. dismissal for Some Other Substantial Reason. The case of Express Medical Limited v O’Donnell UKEAT/0263/15/DA concerned procedural fairness and the applicability of a Polkey deduction. At Employment Tribunal Mr O’Donnell won his unfair dismissal claim and no Polkey […]
Read more2015 Legal Round-Up
30 December 2015
Equal Pay Update 23rd January 2015 Equal Pay Update – January 2015 Bonus season is approaching and some employees will inevitably get paid more than others. Sometimes there is a good reason, but what about if the reason is gender? The Law Since 1970, men and women have been entitled to equal pay for equal […]
Read more2014 Legal Round-Up
30 December 2014
Equal Pay 11th August 2014 The Independent has reported that the pay gap between the sexes began to widen again in 2013, reversing years of progress. The figures, based on an analysis by the House of Commons Library, show that in 1997 the pay gap between men and women was 27.5 per cent. Over the […]
Read moreUnfair Dismissal: Sharon Shoesmith & Haringey Council
29 October 2014
A recent documentary on Haringey Council and the Baby P scandal which included reports on Sharon Shoesmith’s drawn out legal claim, was recently aired on BBC 1. Much of the reporting around the case has been inaccurate and has confused her claims. We have set out below a summary of her claims and the reported […]
Read moreSOSR Dismissal: Some Other Substantial Reason
2 October 2014
In this guide we’re looking at recent developments in SOSR dismissals and how employers can benefit from this fast developing area of law. Part One: SOSR Dismissals When establishing that an employee has been dismissed fairly, an employer must first show that the reason for the dismissal falls within one of five potentially fair reasons: […]
Read moreHealth and Work Service – Spring 2015
4 August 2014
Since 6 April 2014, Statutory Sick Pay paid to employees has not been recoverable by businesses. Recently the government told us that it plans to use the money saved to fund the Health and Work Service (HWS) which will commence in spring 2015 after a trial later this year. The aim is for the HWS […]
Read moreHoliday Pay Policy & Definition
6 June 2014
In Lock v British Gas Trading Ltd, the Court of Justice of the European Union (CJEU) has held that, where a worker’s remuneration includes contractual commission, determined with reference to sales achieved, the Working Time Directive precludes statutory holiday pay based on basic salary alone. If commission payments are not taken into account, the worker […]
Read more2013 Legal Round-Up
30 December 2013
Summary of important changes to employment law and other hot employment topics 31st Jan 2013 ‘Ending the Employment Relationship’ consultation The Government intends to introduce a 12 months’ pay cap on the compensatory award for unfair dismissal; moving away from the current cap of £72,300. This cap is designed to reach a better balance between […]
Read more2012 Legal Round-Up
30 December 2012
Libel case following “false” allegations of sexual harassment 27th Feb 2012 According to The Telegraph a married solicitor who was cleared of sexually harassing a female colleague is suing her for damages. He claims that her false allegations have ruined his personal and professional reputation. It is reported that Mr Loughran, 50, a litigation solicitor with Anglian […]
Read moreACAS guide to Redundancy & Pregnancy/Maternity
17 August 2012
In partnership with the Equality & Human Rights Commission, ACAS (the government-funded employment conciliation service) has produced a guide to “Managing Redundancy for pregnant employees or those on maternity leave”. This guide deals with questions such as: How should I treat pregnant employees or those on maternity leave when considering redundancies? How much priority do […]
Read moreAnnual leave and sickness absence re-visited
23 May 2012
Georg Neidel v Stadt Frankfurt am Main CJEC Case C-337/10 The Court of Justice of the European Communities (CJEC) has given judgment in a case referred by the German courts concerning the payment in lieu of annual leave over and above the minimum amount specified in the European Working Time Directive four weeks. This […]
Read moreRooney and restraint of trade
20 February 2012
A dispute involving Wayne Rooney and his previous sports agency has given rise to an interesting reminder on the scope (and effect) of the restraint of trade principle. At the age of 17, Wayne Rooney and his parents entered into an eight-year image rights representation agreement (IRRA) with his agency, Proactive. When his agent (Paul […]
Read moreTime to review your company’s business protection provisions?
15 February 2012
Mrs Justice Cox, in Towry EJ Limited v Barry Bennett and others, has provided a useful reminder of the value of “non-dealing” covenants over “non-solicitation” covenants (or indeed the two working in tandem). Mrs Justice Cox has held that to prove “solicitation” in restrictive covenant litigation, the burden is on the employer to adduce evidence […]
Read moreWeight Watchers (UK) Ltd v HMRC: Summary
7 February 2012
Were ‘Leaders’ engaged to conduct Weight Watchers meetings employees of Weight Watchers Ltd for the purposes of PAYE and NI contributions? Yes, says the Upper Tribunal (Tax and Chancery Chamber) in the case of Weight Watchers (UK) Ltd v HMRC. In this case, Leaders engaged by WWUK signed contracts describing themselves as independent contractors and […]
Read moreTUPE & Unfair Dismissal of Chief Exec fired by administrator pre-transfer to make business sale more attractive
4 January 2012
Spaceright Europe Limited v (1) Mr Baillavoine (2) Sec. of State for Business, Innovation & Skills Where a dismissal is for a reason connected with a Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) transfer it will be automatically unfair unless it can be shown to be for an Economic, Technical or Organisational (“ETO”) reason that […]
Read more2011 Legal Round-Up
30 December 2011
What does 2011 have in store? 8th Jan 2011 Default retirement age The consultation on the government’s proposals to abolish the DRA closed on 21 October 2010 and, although the response to the consultation was expected “before Christmas”, it is now due later this month. Under the proposals employers giving notice of retirement after 5 […]
Read morePlans for widespread major reforms to employment law
30 November 2011
In the last week the government has announced a huge number of changes and potential changes to employment law. These plans come in addition to other major proposals recently announced by the coalition government (see below). The changes put forward for further consideration and/or consultation are as follows: Compulsory pre-claim conciliation. Re-naming compromise agreements as […]
Read moreRe-engagement and Alternative Vacancies
21 October 2011
Does a finding that a dismissal was genuinely on grounds of redundancy remove the need to explain the remedies of reinstatement or re-engagement? No, says the EAT in the case of King v Royal Bank of Canada. Ms King was dismissed by reason of redundancy. The tribunal found that the dismissal was automatically unfair because there […]
Read moreET and EAT Statistics
7 September 2011
The ET and EAT statistics for 2010-2011 have been published and can be found here. They show an 8% fall in claims received when compared with 2010 but a 9% rise in the number of cases disposed of. The number of single claims received has fallen 15% and the number of multiple claims has fallen 4%. […]
Read moreAutoclenz Limited v Belcher and others
29 July 2011
In this case, the Supreme Court upheld the Court of Appeal’s decision that car valets, whose contracts stated that they were self-employed, were actually employees. The claimants claimed that they were either ‘workers’ or employees of Autoclenz and thus entitled to certain rights including minimum wage and holiday pay. They were engaged under agreements that […]
Read moreTUBE strikes loom as RMT member wins his claims for unfair dismissal and trade union victimisation
10 May 2011
There have been a series of headlines relating to the dismissals of tube drivers Eamonn Lynch and Arwyn Thomas in the last couple of weeks. Last week, the largest transport union, RMT demanded an urgent meeting with London Underground following the judgement of the tribunal on 4 May 2011. The Tribunal concluded that Mr Lynch […]
Read moreInternal Disciplinaries and Human Rights
26 April 2011
In the case of Puri v Bradford Teaching Hospitals [2011 EWHC 970], the High Court held that Article 6 of the European Convention of Human Rights is not engaged in respect of internal disciplinary procedures if their effect is not to deprive the employee concerned of the right to practise his profession. The Claimant was […]
Read moreSignificant Anti-Age Discrimination Regulations Come Into Force Today
6 April 2011
Today, 6 April 2011, the Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 come into effect. Gareth Kervin, Partner at Kervin & Barnes Solicitors (Mayfair, London) says: “The regulations are a significant change in the employment landscape. He added: “They potentially mark the most significant change in employment law for 20 years.” As the […]
Read moreLegislative changes in April 2011
4 April 2011
1 April Moratorium exempting micro and start-up businesses from new domestic regulation begins 3 April Additional paternity leave and pay regulations came into force on 6 April 2010 but apply to parents of children due (or matched for adoption) on or after 3 April 2011 Statutory Maternity, Paternity and Adoption pay increases from £124.88 to […]
Read morePaternity Leave – “Chunks”?
18 January 2011
Currently fathers of new babies are entitled to two weeks paid leave (Ordinary Paternity Leave) when their child is born provided they have been working for their employer for six months. Additional Paternity Leave is due to be introduced in April 2011 and will allow fathers to take up to 26 weeks leave in one […]
Read moreDefault Retirement Age
14 January 2011
In August 2010 we reported that the Government had proposed plans to phase out the Default Retirement Age (DRA). The DRA stipulated by the Employment Equality (Age) Regulations 2006 is currently 65. The Government has now confirmed that the DRA will be phased out from 6 April 2011, and will be completely abolished on 1 […]
Read more2010 Legal Round-Up
30 December 2010
Exercise Of Contractual Variation Clause 16th Feb 2010 Bateman & Others v Asda Stores Ltd EAT – 11/02/2010 EAT held that where a term in a Staff Handbook permitting unilateral amendments to pay and other conditions is incorporated into an employees’ contract, the employer can change provisions relating to pay, bonus, hours etc without express consent […]
Read morePaid Maternity Leave Extension Strongly Opposed
8 December 2010
The European Parliament’s proposed 20 weeks of maternity leave at full pay will be opposed by Edward Davey, Minister for Employment Relations, at the EU Employment Council meeting. Arguments for the opposition include: Considerable and unacceptable costs to EU State Members during a recession; Seen as ‘socially regressive’ as the highest earning women will benefit […]
Read moreCollective redundancies: when is the obligation to consult triggered?
12 November 2010
The question of when an employer’s obligation to collectively consult arises has been referred to the European Court of Justice. Specifically, the issue is whether the obligation to consult arises before or after a decision is taken that will result in collective redundancies? USA v Nolan can be summarised as follows: In March 2006, the Secretary of the US […]
Read moreDefault Retirement Age To Be Phased Out Starting April 2011
3 August 2010
On Thursday 29 July 2010, the Government revealed its proposed plans to phase out the default retirement age. The default retirement age stipulated by the Employment Equality (Age) Regulations 2006 is currently 65. The proposed phasing out would begin in April 2011. Consultations over the suggestions will run until 21 October 2010, when a final […]
Read moreDisciplinary Hearings – Pitfalls For The Unwary
7 July 2010
Recent case law and a change to the statutory regime have meant that disciplinary hearings and the policies and procedures that surround them need to be treated more cautiously than may previously have been the case. Our new partner, Hilary Norris explores the issues. Three particular cases have caught the eye. All involve […]
Read moreNot The Standard For HR Teams To Measure Themselves Against…
11 June 2010
In a Which? survey of over 4,000 members of the British public, only three in ten employees received their contract before starting their job, and nine per cent didn’t get a contract until they’d been in the post for six months or more. Furthermore only 26 per cent of workers only skim read their employment […]
Read moreDismissals With Serious Consequences Should Be Handled With Care
28 May 2010
In Salford Royal NHS Foundation v Roldan, the Court of Appeal stated that where there is a real chance a dismissal will hinder the employee’s career, there is an added burden on a disciplinary board to examine how reasonable a dismissal would be. Furthermore where this is the case, the Tribunal will examine the decision […]
Read moreUnite Hit Back
20 May 2010
The Times reports that Unite’s appeal against the High Court injunction earlier this week has been successful. The Unite union said that the strikes could begin as early as next week. Derek Simpson, Unite’s joint general secretary, said: “It strikes at the argument that minor technicalities can set aside ballots like this one which were […]
Read moreS.231 Saves The (Holi)day
19 May 2010
The Guardian has reported that the BA strikes due to run from 18-22 May inclusive, then from 24-28 May, 30 May-3 June and 5-9 June has been ruled unlawful. In addition Unite could be liable for compensation of at least £250,000 and that the crew who joined the March strikes could be threatened with severe […]
Read moreMeaning Of “contract worker” Defined By Court Of Appeal
12 May 2010
The Court of Appeal has shed light on the meaning of a “contract worker” as defined in section 7 of the Race Relations Act 1976. Mr Woodhouse (of African Caribbean origin) issued a claim of race discrimination against West North Homes Leeds Ltd, Leeds City Council and an employee of Leeds City Council (a Mr […]
Read moreLatest In Unite/BA Dispute
29 March 2010
In a letter to the Guardian in March 2010, professors from the London School of Economics and other universities accused BA of having a radical agenda in a dispute that is set to enter its second weekend of strikes with no peace talks on the horizon. A BA spokesperson said “we reject any suggestion that […]
Read moreAdditional Paternity Leave Regulations 2010 Approved
The House of Lords has approved the Additional Paternity Leave Regulations 2010. These provide that: 1) Additional paternity leave will be for a maximum of 26 weeks (provided the mother has returned to work) and a minimum of 2 weeks; 2) It must not start until at least 20 weeks after the birth or placement […]
Read moreGill Switalski Settles F&C Asset Management Claim
24 March 2010
Prior to the remedy hearing due to take place this week, Gill Switalski settled her claim for sex discrimination, victimisation and constructive dismissal against F&C Asset Management for an undisclosed “multi-million pound” sum. The settlement followed appeals by F&C Asset Management of earlier tribunal decisions which were subsequently upheld in Switalksi’s favour. Previous reports in […]
Read moreBNP’s Rewritten Membership Criteria Still Discriminatory
Even though the BNP have taken out a “whites-only” clause from their membership criteria in the constitution, the Central London County Court still maintains that the policy is racist. The Court has instructed the further elimination of two clauses it considers indirectly racist to non-white potential members: an obligation for new members to: 1) Consent […]
Read morePCC Service Reduces Tribunal Claims
Businesses and employees are choosing to use Acas’s Pre-Claim Conciliation (PCC) service to prevent their claims reaching the employment tribunal. Since September 2009 the amount of referrals has nearly doubled, with 8,304 overall since April 2009 (when the service was launched). The PCC service has helped avoid 5,000 tribunal claims, as stated by Acas.
Read moreC Of A – A Uniform Policy Banning A Visible Cross Was Not Indirect Religious Discrimination
19 February 2010
In Eweida v British Airways plc, the Court of Appeal ruled that an employee was not indirectly discriminated on the ground of her religion or belief where BA insisted that the cross on her necklace be concealed. The Court confirmed that it is necessary to show evidence of disadvantage to a group, not just the […]
Read moreAnnual Compensation Limit Falls
17 December 2009
Tribunal Compensation. The recent annual review of compensation limits has led to an unprecedented reduction to the maximum (“capped”) compensatory award. From 1st February 2010 onwards, the capped compensatory award is reduced to £65,300 from £66,200. A week’s pay remains the same at £380.
Read moreNew Draft Regulations On “No Win/No Fee” Published
The Ministry of Justice have published draft regulations on regulating damages-based agreements (e.g. “no-win, no-fee” / contingency fee agreements) dealing specifically with employment tribunal cases in England and Wales. The draft regulations deal with: – The provision of information to clients including costs and expenses payable and the reason for the fee level; – A cap […]
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