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Employee Shareholders - any takers? Not likely

Meredith Hurst Friday, September 20, 2013

This month saw the introduction of a new type of employee, an 'employee shareholder'.  An employee shareholder receives at least £2,000 worth of company shares in the employer company in return for giving up employment rights.  The grant of the shares may attract tax benefits.  The employee shareholder status only applies if the following procedure has been followed: The individual and the employer must both agree that the individual will be an employee shareholder. The...

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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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