Newsletter – circumventing statutory compensation limits

Mr Edwards was a consultant surgeon working for the Chesterfield NHS Trust. He was dismissed for gross misconduct and subsequently was unable to find employment within the NHS. Rather than claiming unfair dismissal at an employment tribunal, where compensation is limited by statute (currently to an absolute maximum of £76,700), he brought a breach of…

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Newsletter – Vetting and Barring Scheme halted

The government has announced that it is re-thinking the Vetting and Barring Scheme, saying that it “…. recognises that many businesses, community groups and individuals see the current scheme as disproportionate and overly burdensome, and that it unduly infringes on civil liberties“. The scheme was introduced in England and Wales under the Safeguarding Vulnerable Groups…

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all Ismaili arbitration panel unlawful under Religion or Belief Regulations

Although not at first glance an employment law matter, the recent Court of Appeal decision in Jivraj -v- Hashwani is an interesting example of the application of the Employment Equality (Religion or Belief) Regulations 2003. The parties entered into a commercial contract which included an arbitration clause requiring arbitrators to come from a certain religious…

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