Second reading of the Enterprise and Regulatory Reform Bill

The second reading of the Bill took place on 11 June 2012. The Shadow Business Secretary opposed the Bill and unsuccessfully sought to decline the bill receiving a second hearing. The key employment-law provisions of the Bill are; Mandatory pre-claim conciliation via ACAS before a tribunal claim can be submitted, with extended time limits being to bring a claim. A…

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Diet controlled Type 2 diabetes was not a disability

What does it mean to be disabled? Section 6(1) of Equality Act 2010 offers the following, somewhat dispassionate, legal test: A person is deemed to have a disability if they have a physical or mental impairment and the impairment has a substantial and long term adverse effect on their ability to carry out normal day to day activities. In a…

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Revised Acas Code of Practice on Disciplinary and Grievance Procedures

Acas has published a revised Code of Practice on Disciplinary and Grievance procedures. The main change made by this guide is to make clear that a worker has a statutory right to be accompanied to a disciplinary or grievance meeting by a trade union representative or a fellow worker. There is a requirement for the request to be reasonable but…

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Office for tax simplification makes final report on employment status

The Office for Tax Simplification (OTS) has published its final report on employment status. A working relationship can take many forms, for tax and employment law purposes it is necessary to draw a distinction between a person being employed or self-employed. In most cases this is obvious but in some it can be a difficult judgement. The OTS report into…

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Compensation Limits Increase

The Employment Rights (Increase of Limits) Order 2015 will increase the compensation limits and minimum awards that apply to a range of employment claims where the ‘appropriate date’ for cause of action (such as dismissal) takes place on or after 6 April 2015. The main changes are that the maximum compensation for unfair dismissal is raised from £76,574 to £78,335…

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The meaning of “establishment” for collective redundancy purposes

Advocate General Wahl has given his opinion on the meaning of “establishment” for the purposes of determining when collective redundancy requirements apply. The Advocate General recommended that “establishment” means the employment unit to which the redundant workers are assigned to carry out their duties, which is for the national courts to determine. The Advocate General also said that the EU…

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Appeal from dismissal automatically revives contract

The EAT has held in Salmon v Castlebeck Care (Teesdale) Ltd and Others that the contract of employment is automatically revived where an employee successfully appeals against dismissal under a contractual appeal procedure, without the need for a specific decision from the employer that the employee should be reinstated. The claimant in the above case was dismissed for gross misconduct…

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