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Crime does pay

Meredith Hurst Tuesday, February 22, 2011

In what some might call a cruel twist of fate, an employer found he was on the wrong end of an award of compensation of £5,000 plus £8,000 costs when his employee took him to court for psychological injury, despite the fact that the employee admitted to stealing £845 from him. In an incident redolent of the medieval stocks on the village green, the employer Mr C marched Mr G through the streets of Witham, Essex, whilst forcing him to wear a cardboard sign that read: "Thief. I stole £845. I'm...

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Abolition of the default retirement age

Meredith Hurst Friday, February 18, 2011

Draft regulations on the abolition of the default retirement age of 65 have been published this week. The current provisions, which make it not discriminatory to force someone to retire at 65, will be abolished from 6 April 2011 as will the provisions which make a dismissal for retirement fair, provided a certain procedure is followed. At the moment, in order to retire someone, an employer must serve notice on the employee informing them of their intention to retire them within a strict...

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A bumpy ride

Meredith Hurst Friday, February 11, 2011

In the case ofFulcrum Pharma (Europe) Ltd v Bonasserathe employment appeals tribunal (EAT) held that an employment tribunal was correct to find that an employee had been unfairly dismissed for redundancy when her employer had identified her as the only employee at risk. It had failed to consult properly with her over whether a more junior employee should have been included in the pool for selection. Where there is a genuine redundancy situation, a dismissal may still be unfair if the employer...

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Equality is good for business

Meredith Hurst Friday, February 11, 2011

In a speech at the Policy Exchange, the chair of the Equality and Human Rights Commission (EHRC) Trevor Phillips said that the EHRC will change its approach to tackling discrimination.  Mr Phillips said that the EHRC had previously intervened in cases retrospectively, a process which he described as "slow, overly legalistic and wholly inadequate" .  Instead, the EHRC will take a "more systemic and preventative course" as well as examining discrimination from a scientific, rather...

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Are you being served?

Meredith Hurst Friday, February 4, 2011

This week has seen two cases (one reported and another ongoing) that would not seem out of place in a "Carry On" film.  The first concerns Mr K an employee of a well respected department store who claims he was slapped on the bottom by a female colleague.  He claimed that when he asked her to stop it she replied: "I do it to all the boys".  This raises two interesting issues.  The first is that of the over-sensitive claimant.  The second is the idea of the male...

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