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What is the Employee’s last date of employment?

Meredith Hurst Monday, April 16, 2012

There have been a number of cases on when notice takes effect, most recently with the case of Horwood v Lincolnshire County Council UKEAT/0462/11 and 0463/11 which relates to an employee handing in her notice. The exact date the employment comes to an end is important for many reasons: In order to calculate the length of service to establish whether an employee has statutory rights for example redundancy pay or unfair dismissal. To calculate whether an employee has brought his or her claim...

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Imminent Changes in Employment Law

Meredith Hurst Wednesday, March 14, 2012

6 April is fast approaching, and while for some it just signals a new tax year, for us employment lawyers it signals the bi-annual change of employment law legislation. This year we are in for a particular treat, as there are fairly major changes on the way. Make sure your business is not caught out and read on to ensure you are aware of what is coming… Unfair dismissal.  The qualifying period will increase from one to two years. This will only affect employees whose employment starts...

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Business Protection – Non Solicitation Clauses

Meredith Hurst Wednesday, March 14, 2012

A common issue in many businesses is failing to properly consider and address the risk posed by employees if their employment is terminated. Employment lawyers see all variations of the problem. In some situations an employee is never given a contract of employment at all, and therefore the business is left without protection when that person leaves. In other cases, an employee is given a junior contract, then work their way up through a business to the point where they have a significant...

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TUPE Case

Meredith Hurst Wednesday, February 15, 2012

RECENT COURT OF APPEALJUDGMENT ON TRANSFER OF UNDERTAKINGS REGULATIONS 2006 - SPACERIGHT EUROPE LTD V BAILLAVOINE The Transfer of Undertakings (Protection of Employment) Regulations 2006 ("TUPE") afford protection to employees when there is a transfer of an undertaking or a service provision change from one employer (the transferor) to another (the transferee). In these circumstances dismissal of an employee assigned to the undertaking being transferred by reason of the transfer or for a...

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The Cost of Unrequited Love

Meredith Hurst Wednesday, February 15, 2012

We don't wish to  put a dampener on the Valentine's celebrations but would like to offer a word of warning to all those potential suitors out there:  Valentine's Day can prove to be a costly minefield in the workplace.  The chance to express your love, or possibly lust in some cases, to a work colleague, and getting it wrong could see you facing charges of sexual harassment at the Tribunal from an aggrieved recipient.  Under the Equality Act 2010, a...

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