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Redundancy arises when an employee is dismissed in one of three circumstances:
Actual or intended closure of the whole business;
Actual or intended closure of the business at a particular workplace; or
A reduction in the need for employees to carry out work of a particular kind.
Redundancy HR Resources | Last updated: 30/04/2012 10:47:00
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The Court of Appeal (‘CA') has recently provided useful guidance in the case of Crawford and another v Suffolk Mental Health Partnership NHS Trust [2012], as to the procedural standards an employer is expected to meet when a disciplinary procedure could have serious career long implications for an employee. The CA took the opportunity to offer guidance as to the appropriateness of suspension duri
Blog Article | Last updated: 26/04/2012 14:39:00
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Jane Cordell who is deaf had been employed as a diplomat by the Foreign and Commonwealth Office for a decade. In 2010 she was offered a posting as an ambassador in Kazakhstan but the FCO subsequently withdrew the offer because a lip reader was too expensive.
Although the FCO had previously provided a lip reader for Jane Cordell when she had been posted in Poland, in this instance it said it coul
Blog Article | Last updated: 28/03/2012 16:26:00
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In the recent case of Abellio London v CentreWest London Buses, the Employment Appeal Tribunal (EAT) held that a relocation of 6 miles as a result of TUPE transfer was a substantial change in bus drivers' working conditions to their material detriment. Accordingly, the EAT found that the bus drivers had been entitled to resign and, as such, could rely on regulation 4(9) and 4(11) of TUPE to claim
Blog Article | Last updated: 12/03/2012 17:29:00
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The Court of Appeal has upheld the High Court's decision to refuse a "barring order", which would have preventing a former employee from being involved in the commercial relationship between her new employer and her ex-employer.
The Claimant was employed by CLS to manage their logistics centre. Although her contract of employment did not contain any post termination restrictive covenants prevent
Blog Article | Last updated: 07/03/2012 17:50:00
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According to a survey completed by computer security firm Falcongaze, the top 5 reasons for the dismissal of office workers in 2011 were:
The inappropriate use of working time and internet usage (26%)
Making negative remarks about their employer or its management team on the internet (19%)
Breach of company policies and procedures (16%)
The employee searching for a new role (15%)
Irrespons
Blog Article | Last updated: 16/02/2012 16:04:00
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Last week the Court of Appeal confirmed that Christian hotel owners Peter and Hazelmary Bull discriminated against civil partners Steven Preddy and Martyn Hall by refusing to allow them to share a double bed in 2008.
At their hotel in Cornwall Mr and Mrs Bull had operated a strict policy refusing double bedrooms to unmarried couples. In January 2011 the hotel owners were ordered to pay £3,600 in
Blog Article | Last updated: 13/02/2012 11:57:00
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Relevant documents and preparing list of documents
The documents you present to the Employment Tribunal are important, as they will explain your defence to the claims against you. Usually the Tribunal will order each party to prepare and suppl
Termination HR Resources | Last updated: 09/02/2012 10:29:00
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Warranties
In a TUPE situation, an employment warranty is a form of assurance given in a contract about some aspect of the employment affairs within the undertaking. If the warranty is incorrect, the person in receipt of the warranty (typically the transferee) will be able to sue for breach of warranty - but only if the person in receipt of the warranty can show that the breach has caused it loss (e.g. the overall value to it of gaining the contract has been reduced). Often there will be financial caps on the amount of losses that can be recovered or minimum losses that must be incurred before monies can be recovered.
Warranties need to be given not only on exchange of contracts, but also on completion of the deal in case the position changes in the meantime.
Examples of warranties a transferee should seek include:
TUPE HR Resources | Last updated: 08/02/2012 09:56:00
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Will the claim be settled via an ACAS conciliation officer or a compromise agreement? ACAS may help if a claim has already been brought in an employment tribunal.
If a compromise agreement is to be used, have full factual as well as legal detail
Termination HR Resources | Last updated: 07/02/2012 16:30:00
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