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Category Archives: Uncategorized

Commons debate on capping tribunal awards

  The House of Commons considered a Private Members’ Bill which would cap all awards for unfair dismissal, wrongful dismissal and employment-related discrimination at £50,000. Unfair dismissal compensation is currently capped at £68,400, and wrongful dismissal is capped in the tribunals (but not the civil courts) at £25,000. Discrimination awards are uncapped. It was confirmed... Read the rest of this entry →

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Employment Case Development in May

McKie v Swindon College The High Court in this case held that an employer could be liable to its former employee in damages for negligent misstatement when passing on information about them to a subsequent employer, extending the scope of negligent misstatement beyond an employer providing a negligent reference.  John Lewis Partnership v Charman A... Read the rest of this entry →

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DeBrieF Retirement Age Survey…. Good, Bad or Indifferent?

One of the big employment stories for 2011 is the Coalition Government’s plans to amend the pension’s structure. The removal of the default retirement age is due to come into force on 6th April and it’s going to impact massively on companies of all sizes so we’re keen to hear your thoughts on it. Do... Read the rest of this entry →

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Repeal of Retirement Age Regulations (anomaly corrected)

Employment Equality (Repeal of Retirement Age) Regulations The long awaited draft Regulations dealing with the removal of the Default Retirement Age with effect from 1 October 2011 have finally been released by the Government.  In brief, the Regulations deal with the following:  The current legislation which makes a retirement dismissal fair providing that the correct... Read the rest of this entry →

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Immigration Cap for those coming into UK

The government has released a statement of intent in relation to proposed changes to the immigration process.  Under these changes, workers earning £150,000 or more will be excluded from the immigration cap, as will those coming to the UK via an intra-company transfer who earn £40,000 or more and hold a graduate level occupation.

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CONTROVERSIAL EU PROPOSALS TO INCREASE MINIMUM MATERNITY LEAVE AND PAY

The European Parliament have agreed proposals to extend the minimum period of maternity leave across the EU to 20 weeks on full pay. Although the current UK regime provides for a minimum of 52 weeks leave, pay is capped at SMP levels for 39 weeks. The proposals must be approved before they can be adopted... Read the rest of this entry →

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DISCRIMINATION AND EQUAL PAY QUESTIONNAIRES PUBLISHED

The final versions of the discrimination and equal pay questionnaires have been published. Their purpose is to assist individuals to obtain information regarding discrimination and other prohibited conduct under the new Equality Act 2010. The Government Equalities Office has also published guidance for Claimants and Respondents on completing the forms.

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National Minimum Wage – 1st October increases

As previously reported, from 1st October 2010, the new hourly rates are: Standard (Adult) Rate (workers aged over 21) = £5.93 Development Rate (workers between 18 and 20) = £4.92 Young Workers Rate (workers aged under 18 but above compulsory school age) = £3.64 Apprentices (under 19 or 19 and over, but in their first... Read the rest of this entry →

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Case Law

Religious Discrimination The Greater Manchester Police Authority -v- Power The EAT upheld the Tribunal’s decision that a belief in spiritualism, life after death and the ability of mediums to contact the dead was protected under the Employment Equality (Religion or Belief) Regulations 2003 and therefore amounted to either a religious belief or a philosophical belief.... Read the rest of this entry →

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