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Employer's impartial grievance appeal process - Case

Meredith Hurst Friday, September 20, 2013

Constructive Dismissal: Failure to Provide Impartial Grievance Appeal Process Blackburn v Aldi Stores Ltd The Employment Appeal Tribunal (EAT) has held that an employer's failure to consider an employee's appeal impartially, could amount to a breach of the implied term of trust and confidence.  The Employment Rights Act 1996 provides that dismissal can occur where the contract is terminated by the employer or, by the employee, in response to the employer's conduct.  The second...

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Not in my house you don’t! Bed and Breakfast and the Sexual Orientation Regulations

Meredith Hurst Wednesday, August 7, 2013

You may have personal experience of holidays that could well feature on a television programme called 'holidays from hell'.  Well this case concerns a bed and breakfast business that was less than welcoming to same-sex couples.  In the case of Black v Wilkinson,the Court of Appeal has held that Mrs Wilkinson's bed and breakfast business discriminated against a same-sex couple contrary to the Equality Act (Sexual Orientation) Regulations 2007. As the case concerns the provision of...

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Holiday pay and overtime: a logistical headache?

Meredith Hurst Wednesday, August 7, 2013

The statutory rules concerning a worker's holiday rights are set out in the Working Time Regulations 1998 which implement the EU Working Time Directive. The Working Time Regulations provide that workers are entitled to 5.6 weeks' statutory annual leave, paid at a rate of a week's pay for a week's leave. This is calculated in accordance with the complicated rules set out in the Employment Rights Act 1996. Calculating a week's pay is all very well when its value does not fluctuate but when it...

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Protected conversations – what does this change for employers?

Meredith Hurst Wednesday, August 7, 2013

In short, not a lot really until we find out how the courts explain how this works in practice. Prior to the introduction of protected conversations or pre-termination negotiations as they referred to in legislation, employers relied upon without prejudice conversations to talk to employees about terminating their employment.  In simple terms, without prejudice means that both parties understand and agree that the content of any discussions or correspondence cannot be relied upon in...

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Introduction of Employment Tribunal Fees

Meredith Hurst Wednesday, August 7, 2013

The new regime of charging fees in the Employment Tribunals is now in force.  An employee wishing to bring a claim against his/her employer in an Employment Tribunal will now have to pay a fee unless he or she qualifies for the fee to be waived. How much will an employee have to pay? The amount of the fee depends on the type of claim(s) being brought.  For simple claims such as unlawful deductions from wages, breach of contract and statutory redundancy pay, the issue fee...

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