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Monthly Archives: September 2015

“Happy Birthday Everyone”, says Rudi Kidd – consultant solicitor.

We can all breathe a sigh of relief now that the  ongoing legal dispute regarding the copyright of Happy Birthday To You has been settled… for now.  The song is allegedly the most widely performed song in the world; after all, millions of people celebrate their birthday every day of the year. In terms of... Read the rest of this entry →

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Employment Law Newsletter – September 2015

Welcome to our September Employment Law Newsletter, keeping you up to date with changes in employment law and informing you of recent developments over the last month. CASE LAW DEVELOPMENTS TUPE Regulations In BT Managed Services Limited –v- Edwards the EAT had to decide whether an Employee who was permanently off sick could be considered... Read the rest of this entry →

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Consultation on Termination Payments

The Government has started consulting on simplifying the tax element of termination payments.  The proposals are to:- Remove the distinction between contractual and non-contractual payments. Change the current £30,000 tax free sum to an amount which would increase with the length of an employee’s continuous employment. Introduce a two year qualifying period before an employee... Read the rest of this entry →

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Tribunal Fees

Unison has lost its Court of Appeal case, which challenged the legality of Tribunal Fees.  Whilst the Court of Appeal was concerned about the sharp decline in Employment Tribunal claims, it said that in itself that was not sufficient and there needed to be evidence of the “actual affordability of the fees in the financial... Read the rest of this entry →

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Agency Workers Regulations

In Coles –v- Ministry of Defence the EAT had to decide whether an agency worker in a temporary job should be given the right to apply for that job or alternatively to get preference ahead of permanent employees within the same organisation.  The Claimant found himself out of “his” job after a redundancy exercise by... Read the rest of this entry →

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Dismissal by reason of comments on Facebook

In British Waterways Board –v- Smith, the EAT had to decide whether comments made by an Employee on Facebook which he later claimed to be untrue was sufficient to amount to gross misconduct.  Mr Smith had made derogatory comments on his Facebook page about his managers and work claiming that two years earlier he had... Read the rest of this entry →

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Disciplinary Hearing – Choice of Representative

In Stephens –v- University of Birmingham the High Court had to make a decision as to whether denying an employee a choice of representative at a disciplinary hearing other than a union representative or a colleague would be sufficient to breach the implied term of trust and confidence. Mr Stephens was an academic at the... Read the rest of this entry →

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TUPE Regulations

In BT Managed Services Limited –v- Edwards the EAT had to decide whether an Employee who was permanently off sick could be considered to be assigned to an organised grouping of employees under a TUPE transfer.  Mr Edwards had been off work for a period exceeding 5 years, during which time he had received PHI... Read the rest of this entry →

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PI TEAM SPOTLIGHT: Jackie Miller

What does your role at Davis Blank Furniss involve? Ensuring clients are adequately compensated for injuries received through no fault of their own. What is the best thing about your job? Knowing I am helping people, building up their trust in me and not letting my clients or my employers down. What is the best... Read the rest of this entry →

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Kate Oldfield Discusses Post Traumatic Stress Disorder (PTSD).

The symptoms of PTSD have been around for a very long time.  Sadly, it has not always been taken seriously. During World War I it was referred to as shell shock or traumatic neurosis and even linked to cowardice in the battlefield.  Very little about the condition was understood and it was thought to be... Read the rest of this entry →

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