Norman Lamb, Minister for Employment Relations, has publicly named Rita Patel, a Leicester hair and beauty salon owner, for failing to pay GBP3,361.22 in national minimum wage (NMW) to a former worker following an investigation by HM Revenue and Customs (HMRC). This resulted in HMRC enforcing the debt through the courts. The Government argues that[…]
In Trago Mills (South Devon) Ltd v Information Commissioner and anor the Information Rights Tribunal has held that a council was entitled to refuse part of a freedom of information request concerning a severance arrangement with a senior employee. The information was personal data of that individual and disclosure would have been contrary to data[…]
In Hospital Medical Group Ltd v Westwood the Court of Appeal has upheld a tribunal’s decision that a doctor, although not employed under a contract of employment, was a ‘worker’ for the purposes of S.230(3)(b) of the Employment Rights Act 1996. The Court held that there was no test of universal application to judge whether[…]
Unfairly Dismissed Employee’s Estate can recover full death-in-service Benefits
LATEST NEWS Aug 01, 2012
In Fox v British Airways Ltd, the EAT has held that the full value of a death-in-service benefit was payable in an unfair dismissal claim brought by the estate of a deceased former employee. An employment tribunal was wrong to confine the award to £350 simply to reflect the cost of lost life assurance cover.[…]
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[…]