Follow the ACAS Code

Yellow Brick Road

SUMMARY: A recent case has emphasised that if in doubt, employers should follow the ACAS Code of Practice, even if the dismissal is for “some other substantial reason”. Continue reading

Some other substantial reason?

18822538_sSUMMARY: An employer’s and senior executive’s disagreement over pay did not amount to “some other substantial reason” and the employee was therefore unfairly dismissed. Continue reading

Changes on 6 April 2013

sharesSUMMARY: From 6 April 2013, statutory payments will be increased and the consultation period for collective redundancy consultation for 100 or more employees will be reduced to 45 days. Continue reading

Whistleblowing Update

17663630_sSUMMARY: The Enterprise and Regulatory Reform Bill is currently progressing through Parliament and proposes three significant changes to the current whistleblowing legislation. The recent case of Onyango –v– Adrian Berkeley t/a Berkeley Solicitors has also widened the concept of a protected disclosure to include a disclosure made after an employee’s employment has terminated.

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The Children and Families Bill Update

15820308_s

SUMMARY:  The Children and Families Bill 2012-13 (the Bill) is currently being reviewed by Parliament. The first reading took place at the House of Commons on 4 February 2013; there was no debate on the Bill at that stage.

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Disciplinary appeals – is there a risk in changing the sanction?

16524281_sSUMMARY:  In a recent case, the Employment Appeal Tribunal (EAT) (overturning an Employment Tribunal decision) held that a decision on an internal appeal to overturn a decision to dismiss and instead demote the employee still amounted to dismissal. Continue reading

Religious Discrimination Update

Religious Symbols (123rf ref 10800546)

Summary:  The European Court of Human Rights (ECHR) has confirmed that in 3 out of the 4 cases presented to it, UK Law provided sufficient protection against discrimination for employees who wished to manifest their religious beliefs in the workplace. However, in one of the cases, the ECHR did not agree that sufficient protection was provided.

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