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Finding a job through speculative applications

This week’s article is about finding a job. Finding a job may seem like a difficult task but in fact, it is not as daunting as you think. If we think about it, the economy needs people working so that people can have goods and services – from doing food shopping, to buying clothes, to doing your banking, etc. There …

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In the recent case of (Gallop v Newport City Council [2013] EWCA Civ 1583) the Court of Appeal warns employers in relation to making reasonable adjustments for disabled employees

Background The Tribunal had to determine whether an employee was disabled person.  The employee was absent from work due to stress related illness.  The employee was referred to Occupational Health. Thereafter the employee was absent for extended periods. The Occupational Health advised the employer that the employee was not disabled. The employee returned to work and was subsequently dismissed. The …

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Early conciliation to come into force in April 2014

From April 2014 before lodging a claim to the Tribunal all claimants will need to notify ACAS first, where conciliation will be offered. If conciliation is unsuccessful within the set period the claimant can proceed to lodge a tribunal claim. The service is free. ACAS will call the employee within 1 working day from the notification. The impact of this …

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Increase of National Minimum Wage

The latest increase of national minimum wage rates for 2012/2013 came into force in October 2013; it went up to £6.31 per hour. The government has been encouraging companies to be aware of these changes to ensure that they are paying the minimum wage. In 2012, there were 500 employment tribunals cases related to minimum wage issues. Above changes that …

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Third Party Harassment Abolished 1 October 2013

Third Party Harassment Abolished 1 October There have been changes to the law on third-party harassment under section 40(2)-(4) of the Equality Act 2010 (‘Act’). The Government has announced that it will remove the third-party harassment provisions from the Act with effect from 1 October 2013.The circumstances where harassment had previously occurred on two occasions and the employer was aware …

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New Fee Structure for Employment Tribunals, July 2013

Despite opposition from lawyers and trade unions, the end of July will see the introduction of fees for all Employment and Employment Appeal Tribunals. From this point onwards employees will have to pay an upfront fee to submit a claim, and then a further fee to proceed to a hearing. The exact figures will vary from case to case, but …

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Compliance of discipline and grievance procedure and assessment of pension loss

Lund v St Edmund’s School                   Employment Appeal Tribunal May 2013 Statutory discipline and grievance procedures – ACAS Code – unfair dismissal – pension loss – teacher The Facts Mr Lund brought a claim for unfair dismissal against his former employer St Edmund’s School. He had been dissatisfied with the equipment used in his teaching and took some days off due …

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Meaning of “affected employee” under TUPE, 11 May 2013

I Lab Facilities Ltd v Metcalfe & Others    April 2013    Employment Appeal Tribunal The obligation to inform and consult employees under TUPE laws only stands in respect to a transfer that actually proceeds. Facts The claimants were employed by a company in the film and television industry called I Lab UK. This company had merged a few years …

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Scope of English employment law in the context of international companies 22/04/2013

Dhunna v Creditsights Ltd.             April 2013     Employment Appeal Tribunal  The decision of an employment tribunal was challenged when it decided it did not have the jurisdiction to hear a case of unfair dismissal. The appeal looks at the difficult task of determining the scope English employment law. Background: Mr Dhunna was employed by Creditsights Ltd, (“Ltd”) which was …

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Employment Guidelines: Belief Rights in the Workplace -12/04/2013

New Employment Guidelines: Belief Rights in the Workplace   Following the decisions of the European Court of Human Rights in January 2013 on religious rights in the workplace, new guidelines have been published expanding on the implications for employers and employees.   Previously, the generally held view was that a practice was only protected by your human rights if it …

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