Can employers issue redundancy notices for over 65s before 6 April?

Based on Government announcements made in January this year and corresponding ACAS guidance, the almost universally held view was that employers needed to act before 6 April in order to issue notices to employees who are 65 or over to retire on or before the deadline for abolition of the default retirement age on 6…

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Dismissal for religious belief or how that belief is manifested?

The Equality (Religion and Belief) Regulations 2003 (now part of the Equality Act 2010) were introduced, as the name suggests, to protect against discrimination on the grounds of religion or a belief system. In Power -v- Greater Manchester Police Authority the Employment Appeal Tribunal considered the dismissal of Mr Power, a committed spiritualist, who worked…

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Does the birth of twins create double parental leave?

Well, it’s a straightforward question with a predictable answer. However, it’s got as far as the Court of Justice of the European Communities (formerly the European Court of Justice). The decision of the European Court includes in its summary the delightfully philosophical question “what is the meaning of birth?”! Mrs Chatzi was employed at a…

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It turns on the words – “theft of money” or “loss of money”

Celebi -v- Scolarest Compass Group UK & Ireland Limited is a decision of the Employment Appeal Tribunal which emphasises the importance for employers of ensuring that they use the right terminology when taking disciplinary action against employees. The case is also a good example of how an apparently straightforward dismissal can keep an employer occupied…

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New compensation limits from 1 February

Under the annual index-linked formula new limits for unfair dismissal compensation, redundancy payments and other awards come into effect on 1 February. The main changes are as follows: the limit on a week’s pay for calculating redundancy payments and the basic award for unfair dismissal increases from £380 to £400; the maximum compensatory award for…

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Tribunal claims cost £8,500 each to defend

The British Chambers of Commerce (BCC) has undertaken research which shows that the average cost for an employer to defend itself at an employment tribunal is £8,500 whereas the average cost to settle is £5,400, making settlement the cheaper option. Last year there were more claims made than ever (236,100) and the current recession is…

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Associative discrimination – when a “gay pub” becomes a “gastropub”

In Lisboa -v- Realpubs Limited and others the Employment Appeal Tribunal was asked to consider whether the employer’s policy of encouraging a wider clientele at what was previously recognised as a gay pub led to less favourable treatment of gay customers which in turn caused Mr Lisboa to resign in circumstances amounting to discriminatory constructive…

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Equality Act – positive discrimination

On Sunday 23 January the Daily Mail published an article under the heading “Equality Madness” in which it said that the government is spending tens of millions of pounds in order to comply with the terms of the Equality Act 2010. Examples referred to include £100,000 spent on a DEFRA report investigating how efforts to…

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