The Ministry of Justice has published its response to the consultation on charging fees to bring and continue claims in the employment tribunal. The response sets out the Government’s intention to introduce such fees in the latter half of 2013. Fees will be charged in two stages, the first at the issue of the claim,[…]
No Common Law Duty preventing an Employee Setting up in Competition with Employer
LATEST NEWS Jun 29, 2012
In Ranson v Customer Systems plc the Court of Appeal has held that an employee who met his employer’s clients with a view to securing work for his own company after his resignation was not in breach of contract. There was no fiduciary duty on him to report such meetings or his intention to set[…]
Annual leave disrupted by sickness can be taken at a later date, irrespective of when the sickness started
LATEST NEWS Jun 21, 2012
In Asociación Nacional de Grandes Empresas de Distribución (ANGED) v Federación de Asociaciones Sindicales and ors the ECJ has held that the EU Working Time Directive (No.2003/88) requires that a worker who is sick during paid annual leave is able to interrupt the annual leave and take it at a later date – irrespective of[…]
The Government has announced that it will proceed with plans to require employers who lose equal pay claims before an employment tribunal to undertake and publish equal pay audits. The proposal for imposing mandatory pay audits on employers as a means of tackling the gender pay gap was included in last year’s ‘Modern Workplaces’ consultation.[…]
The Government has announced the Low Pay Commission’s (LPC) remit for its 2013 Report. The LPC will continue to monitor, evaluate and review the national minimum wage (NMW) and its impact, and review the levels of each of the different rates. In addition, the Government wants the LPC to pay particular attention to: • the[…]
Disregarding length of service with different company was not age discrimination
LATEST NEWS Jun 08, 2012
In a recent case Tyrolean Airways Tiroler Luftfahrt GmbH v Betriebsrat Bord the European Court of Justice has held that an employer’s refusal to take into account service with other group companies, when assessing if an employee had the length of service necessary for promotion, was not age discrimination. Requiring three years’ service in a[…]
The Enterprise and Regulatory Reform Bill – which makes provision for numerous employment law reforms including mandatory pre-claim Acas conciliation, resolving more claims without a hearing and financial penalties for employers found to have breached employment rights – has received its First Reading in the House of Commons. Business Secretary Vince Cable, introducing the Bill,[…]
The Government has announced a raft of changes to the Equality Act 2010 (EqA) and the Equality and Human Rights Commission (EHRC). The Equality Act amendments follow examination of the legislation as part of the Government’s ‘red tape challenge’ and include a consultation on repealing employers’ liability for third party harassment. The Home Secretary and[…]
The CIPD reported in a survey of employers this month that more than half of companies have used compromise agreements in the past two years as a means of resolving workplace issues. The average compensation package under a compromise agreement was reported to be £10,000 while one in five reported a typical payment of £25,000[…]
Disclosure of employment information to unsuccessful job applicant not required by EU law
LATEST NEWS Apr 20, 2012
In Meister v Speech Design Carrier Systems GmbH, the European Court of Justice has held that EU law does not require an employer facing a discrimination claim from an unsuccessful job applicant to disclose information on the successful candidate. However, an employer’s refusal to grant access to such information may be taken into account when[…]