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Employment and Immigration

Employer seeking ‘younger’ replacement guilty of age discrimination

In a recent decision of the Employment Appeal Tribunal (EAT), an employer who had included the word ‘younger’ in a person specification drafted for the purpose of replacing an employee, was found to have committed an act of age discrimination and had unfairly dismissed that employee. more...

Published: 31 August 2010

Equality Act 2010: latest consultations

The Government has issued draft guidance on the meaning of ‘disability’ under the Equality Act 2010, for consultation. more...

Published: 31 August 2010

Get to Know Your Local Law Firm at Norwich Open Day

Steeles Law is throwing its office doors open to local businesspeople and members of the public on 10th September, when you can meet one of the firm’s friendly lawyers for free advice on anything from commercial contracts to employment issues and from dispute resolution to divorce and family matters. more...

Published: 20 August 2010

Consultation on the Right to Request Time to Train

The Government have opened a Consultation - from 11 August 2010 to 15 September 2010 - on the future of the right to request time off to train and the plans to expand this right to all employees in 2011. more...

Published: 13 August 2010

Default Retirement Age Scrapped from 1 October 2011

The Government has announced its proposals to remove the default retirement age (DRA) from 1 October 2011, with transitional arrangements for phasing it out to take effect from 6 April 2011. more...

Published: 2 August 2010

Court of Appeal Rules on Age Discrimination and Forced Retirement

The Court of Appeal has handed down its decision in the case of Seldon v Clarkson Wright and Jakes, concerning the forced retirement of a partner at the age of 65. The judgment provides some important guidance on the issue of justification in relation to age discrimination. more...

Published: 2 August 2010

Employees on Notice: when does Employment Terminate?

A recent case has held that by absolving an employee from working his or her notice period without expressly agreeing to alter the Effective Date of Termination (EDT), the employer has not brought forward the EDT. more...

Published: 2 August 2010

Redundancy Payment Cap Not Age Discriminatory

A recent decision in the Employment Appeal Tribunal (EAT) has found that a cap placed on enhanced redundancy scheme payments will not amount to indirect age discrimination if the employer can show that it was a proportionate means of delivering a legitimate aim. more...

Published: 19 July 2010

Huge Rise in Employment Tribunal Claims

The Tribunals Service has published its Annual Statistics Report, which shows a substantial increase in the number of claims lodged in the Employment Tribunals in 2009-10.  more...

Published: 19 July 2010

Equality Act 2010 on Course for 1 October 2010 Implementation

It appears that the Equality Act 2010 will be implemented as planned on 1 October 2010, despite recent reports that the Government was considering delaying it. more...

Published: 13 July 2010

Steeles Law is sponsoring the Norfolk Chamber of Commerce HR Forum on 14th Sept 2010

The employment team will be speaking on the Equality Act 2010, due to come into force on 1st October 2010, and the key areas that employers will need to be aware of. more...

Published: 13 July 2010

Compromise Agreement did not Exceed Authority of NHS Trust

The Court of Appeal has recently ruled that an NHS Trust was not acting in breach of its authority (‘ultra vires’) by paying substantially more under a compromise agreement than the individual could have claimed at an employment tribunal. more...

Published: 2 July 2010

Employee Out of Time for Bringing Unfair Dismissal Claim

In a recent case, an employer wrongly advised a dismissed employee of the last date on which they believed the employee could bring a claim for unfair dismissal.  The Employment Appeal Tribunal found that despite this misleading information, the employee was too late to pursue his claim. more...

Published: 2 July 2010

Latest Survey Shows Workplace Absence is Down

A recent survey suggests that, whilst the figures for workplace absence have reduced, overall they remain high in certain sectors, particularly in the public sector. more...

Published: 18 June 2010

Council is a Single Establishment for Equal Pay Purposes

A recent decision of the Employment Appeal Tribunal (EAT) has adopted a broad interpretation of the meaning of the “same establishment”, for the purposes of an equal pay claim brought by a group of female employees seeking equal pay to their male counterparts. more...

Published: 18 June 2010

Vetting and Barring Scheme Halted - for Working or Volunteering with Children and Vulnerable Adults

The Government has announced that registration with the Vetting and Barring Scheme (VBS) for new employees and job-movers working or volunteering with children and vulnerable adults, due to start on 26 July 2010, has now been stopped.

more...

Published: 18 June 2010

When are “Without Prejudice” Communications Truly Without Prejudice?

In Woodward v Santander (2010), the Employment Appeal Tribunal examined the issue of without prejudice communications between employers and employees and the exceptions to the without prejudice rule. more...

Published: 7 June 2010

Employee Can Recover More Than Contractual Damages in a County Court Claim for Breach of Contract

The Court of Appeal in Edwards v Chesterfield Royal Hospital NHS Foundation Trust (2010) has recently found that an employee who has been dismissed can recover more than contractual damages in a County Court claim for breach of contract. more...

Published: 7 June 2010

Contract Workers Gain Greater Protection from Discrimination

A recent case has established that protection for contract workers under the Race Relations Act 1976 will be given a broad interpretation and will focus on the facts of any claim. more...

Published: 24 May 2010

Should Disciplinary Proceedings be Postponed Pending a Police Investigation?

The Employment Appeal Tribunal has recently ruled that an employer has a wide discretion when deciding whether to postpone disciplinary proceedings pending the outcome of a police investigation. more...

Published: 24 May 2010

Relationship Counsellor Refused Appeal

The Court of Appeal has refused permission for a relationship counsellor to appeal against a decision of the Employment Appeal Tribunal that his dismissal, for refusing to counsel homosexuals, did not amount to religious discrimination.

more...

Published: 7 May 2010

New Study in ‘Presenteeism’

A new study, one of the first of its kind, has been published on sickness presence in the workplace and its relationship with sickness absence and workplace performance. 

more...

Published: 7 May 2010

Requirement for a Degree was not Age Discrimination

An employee who was unable to qualify for the highest grade unless he obtained a degree was not discriminated against on the grounds of his age, according to the Court of Appeal. more...

Published: 7 May 2010

Swapping Jobs was a Reasonable Adjustment

The Employment Appeal Tribunal (EAT) has recently ruled that swapping a disabled employee’s role with that of another, non-disabled, employee can be a reasonable adjustment under the provisions of the Disability Discrimination Act 1995.

more...

Published: 7 May 2010

Whistleblowing Protection Extends to Future Employment

A recent case has established that a whistleblower has protection against detriment from any future employer, not only the employer to whom the original disclosure related. more...

Published: 23 April 2010

Whistleblower who Leaked Information to the Press had not made a Protected Disclosure

The Employment Appeal Tribunal has recently ruled that an employee who leaked information to the press about his employer’s proposals to change its enhanced redundancy scheme, had not made a protected disclosure under the Employment Rights Act 1996. more...

Published: 23 April 2010

Grievances Raised During Disciplinary Proceedings

A recent decision by the Employment Appeal Tribunal has considered the question of whether it is fair to proceed with a disciplinary hearing, when a formal grievance is still being pursued. more...

Published: 9 April 2010

Employment Tribunal Survey

The Government has published the findings from its latest survey of Employment Tribunal applications, which makes for an interesting read. more...

Published: 9 April 2010

Employment Law Update Briefing

Date:   Wednesday 28 April 2010, 8.30 (for 9.00a.m. start) to 10.30a.m.
Venue: 76 Portland Place, London W1B 1NT

more...

Published: 9 April 2010

National Minimum Wage Rates

The Government has announced the new rates of the National Minimum Wage, payable from 1 October 2010.
more...

Published: 9 April 2010
   
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