Tag Archives: case law

Are registered providers public bodies in their capacity as employers?

In an important case which helps clarify some of the uncertainties left behind by the case of Weaver v London & Quadrant Housing Trust, judgment has today been handed down by Manchester County Court in the case of Smith v … Continue reading

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The cost of mishandling personal information

This article, which is relevant to the employer, appears in our new edition of IBrief. IBrief reports on legal issues relating to data protection and freedom of information and is due to come out in March 2012. Since 6 April … Continue reading

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Indirect age discrimination justified in cost-based selection procedure for redundancy

Is an employer justified in selecting employees for voluntary redundancy on the basis of who would cost the least to dismiss, even where such a selection would give rise to indirect age discrimination to employees in a particular age group? … Continue reading

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All Change – Employment Reform

One of the proposals by the Coalition Government was to assist businesses and boost economic recovery by reforming employment legislation. In November 2011 Vince Cable announced a number of proposals and the Government have now confirmed that as at April … Continue reading

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Claimant had no right to see redundancy interview notes

Can a decision to dismiss someone by way of redundancy be considered unfair, on the basis that the decision was taken before the interview notes the claimant requested were provided? No, held the EAT in the recent case of Camelot … Continue reading

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Employment Law – Legislative look-ahead for 2012

As we enter the new year, Devonshires’ Employment Team has been examining the changes that lie ahead for employment legislation in 2012. This Bulletin provides an overview of upcoming legal developments, including unfair dismissal, pensions, gender diversity on boards, Employment … Continue reading

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The Working Time Regulations and holidays – are we finally seeing some solutions?

The Government is currently consulting on proposals to amend the Working Time Regulations to permit the carry-over of annual leave, by those employees who are unable to take it in the year which it accrues due to sickness absence. As … Continue reading

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Q: Can an employee work for another employer whilst on sick leave? A: Yes…..but….

In the recent case of Perry v Imperial College Healthcare NHS Trust, the EAT held that a dismissal of an employee for working in a second job whilst on sick leave from their first job was unfair. The facts in … Continue reading

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Is the UK edging closer to outlawing caste discrimination?

When the Equality Act was being introduced there had been suggestions raised as part of the Discrimination Law Review that discrimination law should be expanded to protect caste. In the course of the Commons debates on the Act, the government … Continue reading

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(Don’t) Mind the (Pay) Gap

One of the many concerns employers raise with us when taking a TUPE transfer in of staff is anxiety over these employees working alongside their existing employees on different terms and conditions.  We are consistently speaking with employers about what this means for employee relations … Continue reading

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