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Monthly Archives: March 2014

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  2. 2014
  3. March

new compensation limits…and a new time of year for the uplift

compensationBy Martin MaloneMarch 31, 2014

In a little heralded employment law development, the date for the annual change to tribunal compensation limits has shifted from February to April each year, and the Statutory Instrument announcing the new limits has been issued: Employment Rights (Increase of Limits) Order 2014. Here are the main changes (effective 6 April 2014). The new maximum…

a very expensive assumption

contract terms, flexitime, implied termsBy Martin MaloneMarch 31, 2014

The outcome of Vision Events (UK) Ltd v Paterson was, to say the least, harsh on the claimant, Mr Paterson. He worked as a multimedia producer on a flexi time basis. He enjoyed his job. He had joined the Company in 2004 and after a promotion in 2008 his salary increased from £21,000 per annum…

beware of rash promises

contract terms, contracts of employment, pensions, time limitsBy Martin MaloneMarch 31, 2014

Regular readers will no doubt recall the pickle that Dresdner Bank found itself in when making extravagant promises to city bankers in London. In July 2012 I reported that Dresdner Bank was facing a payout of up to £42 million when the High Court decided that a promise made by the CEO at a meeting…

goodbye to the statutory questionnaires – thank goodness!

disclosure of documents, discriminationBy Martin MaloneMarch 31, 2014

Section 66 of the Enterprise and Regulatory Reform Act will repeal the statutory discrimination questionnaire procedure from 6 April 2014 and in advance of this, ACAS has published guidance about asking and responding to questions relating to workplace discrimination after the abolition of the statutory procedure. The guidance is non statutory and is not binding…

shall I just say sorry?

ACAS, conciliation, employment tribunalsBy Martin MaloneMarch 31, 2014

Back in 2009 I reported about the problems being encountered by ACAS in trying to deal with conciliations which had been brought in as part of the process of dealing with tribunal claims. Primarily as a result of lack of resources there were significant delays. The truth is that the scheme didn’t work and most…

re-engagament after TUPE transfers

contract terms, TUPE, unfair dismissalBy Martin MaloneMarch 31, 2014

Last month I reported on the latest TUPE changes and took the opportunity to revisit some key TUPE principles. The decision of the Court of Appeal in Hazel & Anor v The Manchester College. The specific questions considered were whether it was automatically unfair to dismiss transferred employees who accepted jobs on new terms, albeit…

number of employment tribunal claims plummets but “too soon” to say whether that’s to do with the new fees

employment lawBy Martin MaloneMarch 28, 2014

On 7 February the High Court published its judgment following a hearing last October and Noovember and confirming its rejection of Unison’s challenge to employment tribunal fees in Unison, R (on the application of) v The Lord Chancellor & Anor. Put simply, the overall outcome was that the Court considered that it was too soon…

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