Welcome to the Canter Levin & Berg Employment Solutions Blog

local authority spending and the spiralling cost of the agency carousel

In September last year I wrote about the problem of what have been described as “revolving door managers” in the NHS. Settlement payments have amounted to a shocking £1.6 billion, often paid to employees who were re-employed in virtually the same or similar jobs with weeks or months. Faced with a problem on such a…

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big payouts

In November 2014 I warned that employers should get ready for backdated holiday claims, particularly from those who are now entitled to include average overtime when calculating the rate payable. The Government’s response was to attempt to limit the effect on employers by introducing the Deductions from Wages (Limitation) Regulations 2014. The Regulations are intended…

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Government minister attacks “scandal” of non-payment of tribunal awards

Business minister Baroness Neville-Rolfe has described as scandalous the fact that so few tribunal awards are paid promptly by employers. However, perhaps she should have looked to her own Government before criticising others. The Small Business, Enterprise and Employment Bill includes provisions that employers who do not pay awards when they are due will receive…

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a successful appeal against dismissal automatically revives the contract

In Salmon v Castlebeck Care (Teesdale) Ltd and others the Employment Appeal Tribunal was asked to consider whether a successful appeal against dismissal has the effect of automatically reactivating the contract of employment or whether an employer needs to take the further step of reinstating the employee. It also considered whether or not there is…

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is an employee suffering from depression and anxiety disabled?

If you ask an employer or HR manager whether a diagnosis of depression and anxiety means that an employee is disabled for the purposes of the Equality Act most, probably erring on the side of caution, would reply in the affirmative. Many GPs sign off employees as suffering from anxiety and/or depression, sometimes adding that…

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end of the line for employment tribunal fees challenge (for now)

The challenge to employment tribunal fees brought by UNISON finally hit the buffers when Lord Justice Elias (pictured), delivering the lead judgment in the High Court, rejected the application. There were two grounds for the application. First, it was claimed to be unlawful in not complying with the EU principle of effectiveness because it was…

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is it discriminatory not to offer a suitable vacancy to a woman selected for redundancy while on maternity leave?

The case of Wainwright v Sefton Borough Council was initially heard by Employment Judge Robinson in the Employment Tribunals in Liverpool in September 2013. His judgment was that Mrs Wainwight’s claims of automatic unfair dismissal, breach of regulation 10 of the Maternity and Paternal Leave Regulations 1999 (right to be offered suitable alternative jobs) and…

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