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When everyone least expected it, 2012 became a dizzyingly busy year for employment legislation. There were periods over the last twelve months where at every turn there was a new government proposal, consultation process or amendment to employment legislation. The Department for Business, Innovation and Skills, headed up by Vince Cable, Liberal Democrat Business Secretary, … Read more
‘Tis the season of the works Christmas Party, but employers and employees should be wary of things getting out of hand, as such get-togethers, often fuelled by alcohol, can bring risks. Two recent cases highlight the dangers inherent in the classic Christmas party. In the case of Gimson v Display by Design, in December 2011, … Read more
In a recent test case the Court of Appeal was asked whether the European Convention of Human Rights’ proportionality test applied to cases of Unfair Dismissal (Turner v East Midlands Trains Limited). A female train conductor with 12 years’ service was accused of fraud, and her claim for unfair dismissal was rejected by an Employment … Read more
One of the options pursuant to an unfair dismissal claim is reinstatement or re-engagement of the claimant within the company. In the period 2011-2012, only 5 orders for reinstatement or re-engagement were given by employment tribunals. Re-engagement might work well in a large limited company or plc, which has a number of separate and diversified … Read more
George Osborne resurrected controversial plans to dilute workers’ rights by announcing at the Conservative Party Conference that employees can give up some of their legal rights at work in return for shares in the company. Already being called “Beecroft by the back door”, referring to the divisive report on employment legislation by venture capitalist and … Read more
A “crew member” is taking the fast-food giant McDonalds to an employment tribunal, claiming unfair dismissal after she was sacked for sprinkling too many pieces of chocolate on a McFlurry dessert. Sarah Finch, aged 19 from Carmarthenshire, says that a colleague, who was purchasing the dessert, had asked her to “make it a nice one”. … Read more
The Department for Business, Innovation and Skills announced today new steps to give firms greater flexibility and confidence in managing their staff, and also to reduce the burden of red tape for businesses. The changes, which echo proposals announced earlier this year, are most likely to benefit small businesses. It should be said that there … Read more
The boss of a £1 million-a-year Coventry refuse business who sacked his nephew will not have to pay him compensation, a tribunal has ruled. Anthony Lakin – nephew of Kevin Kennell, boss of family-run firm Budget Skips Services – won his case for unfair dismissal at Birmingham employment tribunal on a technicality, because the firm … Read more
A married churchgoing mother, 50, has won a £20,000 unfair dismissal claim after she was wrongfully accused of watching pornographic material whilst at work. Mrs Buckley had worked as a Finance Manager for a dental laboratory in Oldham, Lancashire for 10 years, but in 2010 was questioned on why she has been looking at hardcore … Read more
We knew it was in the pipeline and this week the Ministry of Justice set out its’ plans for introducing fees to the employment tribunal system. It is currently proposed that these fees will commence in Summer 2013. If you are an individual wanting to bring a claim against your employer this is currently free … Read more