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News & Blog

Category Archives: Newsletters

Holiday Pay

In Fulton v Bear Scotland, the EAT held that the employment tribunal was right to consider itself bound by the earlier EAT decision in Bear Scotland that a break of more than three months between non-payment or underpayment of wages …

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Calculating Strike Pay

In Hartley v King Edward VI College, the Supreme Court held that if teachers lawfully strike for one day, the employer can make a deduction of 1/365 of annual pay, unless the contract of employment provides otherwise. The decision of …

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Some other substantial reason dismissal

The EAT has held that there is not a particularly high threshold required for an employer to meet when dismissing an employee because of a ‘substantial reason’ (Ssekisonge v Barts Health NHS Trust). The EAT rejected an argument that in …

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Discrimination – adjustments for candidates with Aspergers Syndrome

In The Government Legal Service v Brookes, the EAT held that a job applicant with Aspergers Syndrome (AS) was discriminated against by being required to sit a psychometric test. The EAT held that the PCP requiring applicants to pass the …

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Indirect Discrimination

The Supreme Court has recently held in Essop and others v Home Office (UK Border Agency) and Naeem v Secretary for Justice that in order to succeed with a claim for indirect discrimination, it is not necessary to establish the …

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ACAS Early Conciliation

The EAT held that if ACAS issues a second early conciliation certificate in respect of the same matter, this does not extend the time for making a claim (HMRC v Garau). HMRC argued that the second certificate was unnecessary and …

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Taylor Review of Modern Working Practices

The Taylor Review was published this month.  The proposals include: – Keeping the distinction between employers and workers and naming workers “dependent contractors”. Definitions to be implemented for employees and workers. Removing the requirement for workers to have a contract …

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Corporate and Commercial Newsletter – June 2017

Welcome to the latest departmental newsletter from Davis Blank Furniss.  Our focus this time is on our Corporate and Commercial department. DeBrieF OPINION Andy McNish – partner in our Corporate/Commercial department – discusses Bad Cases As a commercial lawyer, cases …

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Jessica Greenhalgh – solicitor in our Corporate/Commercial department – discusses Secondary Ticket Reselling

The government has recently published its response to an independent review into secondary ticket reselling. There are two main types of secondary ticket reselling. The first is when an individual sells a ticket online when they can no longer attend …

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Andrew Ryan – partner in our Dispute Resolution department – discusses Shareholder Disputes

Shareholder disputes are not unusual. Shareholders will often have different views and ideas about how the business should be run and this can often lead to conflict. There are documents which you can put in place to govern how the …

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