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  • Article

    Acas Warns New Tribunal Rules Will Lead To More Staff Disputes

    ACAS believes that fewer companies will bother trying to resolve staff disputes in future as they hedge their bets that workers cannot afford to bring a claim to tribunal under the new rules.
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    Dismissal For Obscene Comments About A Colleague On Facebook Was Fair

    An interesting addition to the developing law on misconduct dismissals in the context of employees' inappropriate use of social media.
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    DWP Redundancy Policy Paying Out Different Amounts To Employees In Specified Age Groups Was Objectively Justified On Social Policy Grounds

    In the case of Lockwood v Department of Work and Pensions and another [2013] UKEAT0094/12/0402 the DWP operated a redundancy pay policy which was designed so that employees who were over the age of 35 when they were dismissed received an enhanced redundancy payment.
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    EAT Finds That A Claim For Marital Discrimination Based On Who The Employee Was Married To Could Not Succeed

    In Hawkins v Atex Group Ltd and others UKEAT/0302/11 the EAT has cast doubt on a very recent EAT decision (Dunn v Institute of Cemetery and Crematorium Management UKEAT/0531/10) in relation to marital discrimination.
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    IR 35: Check Your Contracts To Reduce The Risk Of A Challenge

    For a number of years, it has been common practice for individual contractors to supply their services through an intermediary, typically a personal service company or a managed service company.
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    Redundancy Dismissal To Avoid Pension Liability Not Age Discrimination On Particular Facts.

    The Court of Appeal decision in Woodcock v Cumbria Primary Care Trust [2012] EWCA Civ 330 is an interesting case that considers the justification of age discrimination on costs grounds.
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    Refusing An Offer Of Self-Employment Was Not A Failure To Mitigate

    The EAT has held in F & G Cleaners Limited v Saddington and others UKEAT/0140/11 that employees who were unfairly dismissed contrary to TUPE did not fail to mitigate their loss.
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    Unsuccessful Candidate Could Not Use EU Discrimination Law To Access Information About Successful Candidate

    Ms Meister brought a discrimination claim against Speech Design in the German courts.
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    Fintech Regulation Likely To Increase, Warns Governor

    Mark Carney, the Governor of the Bank of England and Chair of the Financial Stability Board, has warned of a likely increase in regulation for Fintech firms due to the "systemic risks" they pose...
    United KingdomFinance and Banking
    Kemp Little LLP
    Kemp Little LLP
  • Article

    IR 35: Check Your Contractual Arrangements To Reduce The Risk Of A Challenge

    For a number of years, it has been common practice for individual contractors to supply their services through an intermediary, typically a personal service company or a managed service company.
    United KingdomTax
    Kemp Little LLP
    Kemp Little LLP
  • Article

    Annual Leave Which Coincides With Sick Leave Can Be Taken Later

    The European Court of Justice has confirmed that an employee who falls sick whilst on annual leave can treat the leave as sick leave and can take their annual leave at a later date, even if this means that they have to carry it forward into the next leave year.
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    Employee Who Spent Working Time On One Client Account Was Not An Organised Grouping Of Employees

    The EAT has held in Seawell Ltd v Ceva Freight (UK) Ltd and another UKEATS/0034/11 that an employee who spent all of his working time on a single client account was not an organised grouping of employees for the purposes of the service provision change test under TUPE.
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    Employer Dismisses Employee Receiving PHI Benefits Without Breaching An Implied Term

    In the case of Lloyd v BCQ Mr Lloyd was employed as a Works Director by BCQ, a printing company.
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    Employment Law Changes In April 2012

    As a reminder, the following employment law reforms came into force this month...
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    Employers' Rights When Employees Leave En Masse

    We have discussed below two cases involving apparently coordinated efforts by employees to join their employer and/or compete with it. Taken together, the cases are a helpful reminder that even if there.
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    Other News

    A discussion on the most recent changes in the employment law sector.
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    Recent Case Law On Collective Consultation

    There have been two interesting cases on collective consultation in recent weeks.
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    Some Musings On The Employment Law Issues Surrounding The Closure Of The News Of The World

    Unless you’ve been hiding in a cave for the last few weeks, you will know that the News of the World ("NOTW") announced on Thursday 7 July that its last edition would be published on Sunday 10 July.
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    TUPE - ETO Reasons And Re-Engagement

    Manchester College v Hazel and another concerns a TUPE-related dismissal. Under TUPE, dismissals in connection with a TUPE transfer are automatically unfair unless they are for an "economic, technical or organisational reason entailing changes in the workforce" (an "ETO reason").
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    Brexit: Walking The Tight Rope Of Adequacy

    The recently published NDS promises a transformation of the UK's data practices. Even though GDPR will be transposed in its entirety into UK legislation, there is an expectation that this could be updated in line with the NDS.
    United KingdomPrivacy
    Kemp Little LLP
    Kemp Little LLP

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