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Supreme Court confirms entitlement to annual leave can be satisfied by time off when not required to work (SC)

Meredith Hurst Friday, December 16, 2011

The Supreme Court has agreed with the decision of the Inner House of the Court of Session that entitlement to annual leave under the Working Time Regulations 1998, interpreted in the light of the Working Time Directive, can be satisfied during periods when workers are not otherwise required to work. Therefore, the employers in this case were entitled to insist that employees working on an offshore installation took their paid annual leave during so-called "field-breaks" spent onshore. The...

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Employment Tribunal Fees

Meredith Hurst Thursday, December 15, 2011

The Government plans to introduce fees into the employment tribunal system.  This could spell the end of the vexatious claimant and certainly the lower end employment disputes cases of little value.    The Government announced earlier this year its proposal to introduce a fee on submitting a claim to the employment tribunal.  The intention is to encourage employers and employees to resolve disputes internally but the principal driver is to save the...

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Government's Propiosals on Employment Law

Meredith Hurst Friday, November 25, 2011

The Government's response to its 'Resolving Workplace Disputes' consultation provides further detail of its reasoning in relation to already announced decisions such as the increase in qualifying period for unfair dismissal claims. The response also contains a number of reforms not announced in Vince Cable's speech to the EEF, such as plans to allow employment judges to sit alone in unfair dismissal cases, and judges to sit alone in the EAT, and to allow tribunals to award costs of up to...

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Vexatious litigants to face costs of £20,000

Meredith Hurst Friday, November 25, 2011

Further news has been published about the plans by the coalition government to step up employment reform.    As well as increasing the potential award of costs from £10,000 to £20,000 the government also intends to allow tribunals to impose financial penalties on employers found to have breached employment rights.  This is a troubling development for both employees and employers alike.  It should be remembered however that costs are not commonly awarded in the...

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Cable hails coalition employment law plans

Meredith Hurst Wednesday, November 23, 2011

The furore over the Coalition's plans to shake up employment legislation continues.  Like fashion, employment laws come and go with successive seasons (or governments) and quite often changes hailed as groundbreaking are rarely new.  Take the increase in the qualifying period for unfair dismissal which is set to rise to two years from next year.  This is not a new initiative and takes us back to the late 90's. The suggested introduction of fees to dissuade vexatious...

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