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In her Speech delivered at the opening of Parliament last week, the Queen announced Bills to be introduced in the next session of Parliament up to Spring 2013.
Of interest are the Enterprise and Regulatory Reform Bill, the Children and Families Bill and the Crime and Courts Bill.
The scope of further reforms which are set out in a number of Bills include:
Overhaul of the Tribunal system.
Blog Article | Last updated: 16/05/2012 15:07:00
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The case of Seldon v Clarkson Wright and Jakes illustrated that the test for justifying direct age discrimination is different and narrower than the general test for justifying indirect discrimination.
In this case a partner from the Respondent firm of solicitors was forced to retire at the age of 65. It was found that the compulsory retirement age contained in the firm's deed of partnership wa
Blog Article | Last updated: 15/05/2012 14:23:00
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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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Pensions, parental leave and tribunal reform featured in the Queen's Speech today:
She announced the Government will move forward on the reform of state and public sector pensions, which will take a step forward to a more generous state pension and won't penalise people for saving
Proposals are to be made to allow both parents to share parenting responsibilities by making parental leave more
Blog Article | Last updated: 09/05/2012 16:23:00
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In the case of Warby v Wunda Group plc, Mrs Warby worked as a sales consultant for Wunda Group plc. A dispute arose between Mrs Warby and her manager, Mr Pugh. There was conflict as to what had been agreed to be her basic salary. Each party accused each other of lying. Mrs Warby stated that her wages had been changed because she was pregnant. Mr Pugh denied this, and then was prompted to ask
Blog Article | Last updated: 04/05/2012 13:43:00
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Often both parties are legally represented in employment tribunal claims. However, claimants may represent themselves. The tribunal will assist claimants where necessary in the course of the proceedings but how far should that assistance go?
This Court of Appeal had to consider this issue in the case of John Guest Engineering and Vaio. Mr Vaio successfully won a claim of unfair dismissal and race discrimination against his ex employer following his redundancy.
Blog Article | Last updated: 01/05/2012 09:13:00
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The Employment Equality (Age) Regulations 2006 ("the Regulations") came into force on 1st October 2006, making it unlawful to discriminate against current, prospective and former employees or workers on grounds of age. The Regulations were repealed and replaced by the Equality Act 2010 ("the EqA"), which governs acts of age discrimination committed on or after the 1 October 2010.
Under the transitional arrangements the EqA will also apply to continuing acts of discrimination that started before, and carried on after, 1 October 2010. Tribunal claims in relation to discriminatory acts that took place wholly before 1 October 2010 will still be governed by the Regulations.
Age is one of nine protected characteristics covered by the EqA that has consolidated and harmonised the legislation on disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; and sexual orientation also. As a consequence, although most of the provisions set out in the Regulations are replicated by the EqA, and are written in broadly similar terms, the EqA also makes a number of changes and has introduced some new provisions that strengthen the law.
Discrimination HR Resources | Last updated: 30/04/2012 12:43:00
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Employment tribunals are a court of law, created by statute to hear and adjudicate employment disputes. They have a wide jurisdiction (which increases as new employment rights are introduced) and hear most employment related cases within the United Kingdom.
There are 12 Regional Offices of the Employment Tribunal within theUnited Kingdom, which administer the employment tribunals in that region. Tribunals are generally based at permanent locations, although some sit on an ad hoc basis, depending on need. (For example, the Exeter Employment Tribunal sometimes sits at Truro.)
Termination HR Resources | Last updated: 30/04/2012 12:23:00
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The Employment Tribunal panel will be made up of an Employment Judge and two "wing" members.
The Employment Judge is legally qualified. One wing member will come from an employer-biased background and the other from an employee-biased background (e.g. former members of the CBI and former union representatives). The Tribunal's decision can be unanimous or by a two-to-one majority. However, for certain claims, including unfair dismissal cases, the Employment Judge may decide to sit alone.
Termination HR Resources | Last updated: 30/04/2012 12:05:00
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Generally, after all documents have been disclosed and before the full hearing, both parties will be required to prepare and exchange witness statements. (This is the case in England and Wales; Scottish Tribunals do not require witness statements to
Termination HR Resources | Last updated: 30/04/2012 11:58:00
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