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Category Archives: News

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 the Supreme Court was unanimous. The College made a deduction of 1/260 on the basis... Read the rest of this entry →

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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 a ‘no fault’ some other substantial reason dismissal there was a particularly high threshold for... Read the rest of this entry →

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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 test put a group of people, such as Brookes, at a particular disadvantage compared with... Read the rest of this entry →

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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 reason for the particular disadvantage to which a group is put compared to another. The... Read the rest of this entry →

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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 had no effect on the running of time for limitation purposes. They argued that the... Read the rest of this entry →

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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 to preform work personally. Treating workers treated as “employed” for the purposes of their tax... Read the rest of this entry →

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Shiva Shadi – Partner & Head of the Employment team at Davis Blank Furniss – discusses the Supreme Court’s Judgement on Tribunal Fee System

Unison has finally succeeded in its four-year campaign against the introduction of tribunal fees that was introduced back in 2013.  The introduction of the fees has seen a reduction of 70% in claims being lodged at the Employment Tribunal. Lord Reed giving the leading judgement – and who has previously sat on the EU Court... Read the rest of this entry →

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Davis Blank Furniss & Capstone Financial Management to stage free Inheritance Tax and Estate Planning event in Glossop

Davis Blank Furniss has joined forces with Capstone Financial Management, a Partner Practice of St. James’s Place Wealth Management, and will be staging a free event in Glossop that will provide practical advice and guidance around inheritance tax and estate planning. The free event will be taking place in the evening at Glossop Golf Club... Read the rest of this entry →

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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 sometimes come along that make you raise an eyebrow or even just sigh, as you... Read the rest of this entry →

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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 an event to a third party so as not to make a loss, for example... Read the rest of this entry →

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