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In the case of Konczac v BAE Systems (Operations) Limited, the Employment Appeal Tribunal (EAT) had to decide whether the Claimant's loss was terminated by her refusal to accept a settlement offer of £75,000.
In this case, the Claimant brought claims against her ex-employer for unfair dismissal, disability discrimination and sex discrimination in the Employment Tribunal (ET). The Claimant was s
Blog Article | Last updated: 10/05/2012 09:40:00
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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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A recent development in Birmingham City Council v Abdulla (2011) has seen leave granted to Birmingham City Council to challenge the Supreme Court later this year, to decide whether claims can be brought in the civil courts where they will be in time, rather than restrict them to the ET where they will be out of time.
In this case 174 women submitted equal pay claims. The group comprised of cle
Blog Article | Last updated: 20/04/2012 11:37:00
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The government has today announced proposals to examine workplace dismissal procedure for small businesses with a publication of a Call for Evidence. The government are seeking views from employers, employees and interested parties on two measures.
Firstly, whether existing dismissal rules and the ACAS Code of Practice are too complex or misunderstood and how they might be made simpler, quic
Blog Article | Last updated: 15/03/2012 16:26:00
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In Zarkasi v Anandita, Ms Zarkasi was an Indonesian domestic worker recruited from Indonesia to work for a family in the UK. To enter the UK she obtained an identity card, passport and visa from a passport office in Jakarta using a false identity. Ultimately she left her employer and brought a number of employment claims in the Employment Tribunal ("the ET").
It was held by the ET that she had
Blog Article | Last updated: 02/03/2012 10:25:00
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Normally, at this time of year, employers would be busily introducing policies and procedures to meet new statutory obligations coming into force on 6th April. However, this year, it appears that the tables have turned in favour of employers.
News Article | Last updated: 01/03/2012 14:49:00
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David O'Neill brought a claim against the Ocean Dragon Restaurant in Birmingham's Chinese Quarter after he had his hours reduced by a new manager.
Mr O'Neill represented himself in the Tribunal claim after being unable to afford legal representation. He claimed that when the new manger was appointed his hours were reduced from 25 hours a week first to 15, then to 10, then to six, then eventually
Blog Article | Last updated: 21/02/2012 15:13:00
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Train driver Darrin Thomas took 134 days of sick in less than two years because he suffered from Asthma.
His former employers Southeastern Trains dismissed him for poor attendance after his sick leave amounted to a quarter of his working time over the 22 month period.
The Tribunal found that Mr Thomas's asthma amounted to a disability and that his dismissal was discriminatory. This was despite
Blog Article | Last updated: 16/02/2012 10:42:00
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Legal framework
The right for employees to take adoption leave is contained in the Paternity and Adoption Leave Regulations 2002 as amended.
The rules relating to Statutory Adoption Pay (SAP) can be found in the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 (as amended).
Remember that if you do not comply with the regulations your organisation may be subject to action in the Employment Tribunal.
An employee can make a claim for compensation if:
S/he is subjected to a detriment (such as the denial of promotion, a pay rise or training opportunities) because of taking or requesting adoption leave and pay;
S/he is dismissed or selected for redundancy because of taking or requesting adoption leave and pay;
You have prevented or attempted to prevent them from taking adoption leave and pay.
The normal one year qualifying period of service to bring a tribunal claim is not required in order for an employee to bring a complaint on the above grounds.
Family friendly HR Resources | Last updated: 06/02/2012 16:55:00
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Grievance procedures are aimed at encouraging employers and employees to resolve disputes in the workplace without the need to resort to a tribunal claim as a remedy.
Tribunals must take into account guidance in the Code of Practice on Disciplinary and Grievance Procedures produced by the Arbitration Conciliation and Advisory Service (ACAS) ("the ACAS Code") in respect of all claims to which it relates. This sets down minimum standards for a company to follow.
Discipline & Grievance HR Resources | Last updated: 06/02/2012 16:36:00
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