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The Apportioning of Compensatory Awards in the ET

Meredith Hurst Friday, February 22, 2013

In London Borough of Hackney v Sivanandan and others, the Court of Appeal has upheld the Employment Appeal Tribunal's decision that no question of apportionment arose in this case, as damage suffered by the Claimant was indivisible. The EAT held that the Employment Tribunal had no power to apportion a compensatory award. The Claimant was a member of Hackney Action for Racial Equality (HARE)'s executive committee until she brought a race discrimination claim against it in 1998. Subsequently,...

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2013: All Change Please. All Change?

Meredith Hurst Tuesday, February 5, 2013

2013 is set to be a year for change, or are we taking a step back in time? Employment law is like fashion and like fashion, things come and go. Hairstyles change, skirt get shorter, then longer and then shorter again. Those embarrassing trousers that you've hidden at the back of the wardrobe are suddenly all the rage. A case in point last year was the reintroduction of the two year qualifying period for unfair dismissal after a 12 year hiatus. We go back further in time in 2013 which provides a...

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Retire Quickly

Meredith Hurst Thursday, January 17, 2013

In Quick v Cornwall Council & another, an Employment Tribunal considered claims of unfair dismissal and age discrimination based on conversations and comments about an employee’s potential retirement. This case is helpful to employers in giving some reassurance that it is not impossible to approach retirement conversations in a non-discriminatory manner.

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A Cross to Bear: Eweida v British Airways Plc

Meredith Hurst Thursday, January 17, 2013

Mrs Eweida, a Christian who works as a member of British Airways (BA) check-in staff has finally won her case at the European Court of Human Rights (ECHR).

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Has your company a self-employed contractor time-bomb ticking away?

Meredith Hurst Friday, June 15, 2012

It can be a very beneficial arrangement for an organisation to hire a contractor rather than an employee. The company may benefit from an increase in flexibility from the contractor, who is likely to work longer hours at shorter notice than an employee. The company will save on national insurance contributions, holiday and redundancy pay and not have the worry of claims for unfair dismissal when the assignment or project comes to an end. From the contractor's perspective, it can also be more...

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