Welcome to the Canter Levin & Berg Employment Solutions Blog

can there be a finding of contributory fault following a constructive dismissal?

In Frith Accountants Limited v Mrs J Law the relatively narrow questions for the Employment Appeal Tribunal were whether someone who has been constructively dismissed can be held to have contributed to that dismissal, whether the basic award should have been adjusted to take into account the employee’s conduct and whether the assessment at 40%…

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why do politicians “do God” and how does a “Christian UK” sit with employment law?

A great deal of hot air has been generated as a result of David Cameron’s decision to play up his faith in the Church of England. His article suggests a warm beer and village greens approach to his Christianity – “…I appreciate its liturgy, and the architecture and cultural heritage of its churches. My parents…

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goodbye to the statutory questionnaires – thank goodness!

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…

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minimum wage update

The latest review of the minimum wage has attracted more attention than usual, perhaps because we are not that far away from the next general election. First, the Department for Business, Innovation and Skills (BIS) announced that the maximum penalty for failure to pay minimum wage is to increase to 100% of unpaid wages, up…

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reasonable adjustments for absent employees in the event of redundancy

In McCarthy v Jaguar Cars Ltd the Employment Appeal Tribunal considered, and upheld, an Employment Tribunal decision that where a disabled person had been selected for redundancy although the selection criterion relating to attendance amounted to a discriminatory provision, criterion or practice, the employer had made a reasonable adjustment by scoring the employee on the…

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impartiality and the need to follow procedures accurately

A couple of cases this month illustrate the crucial importance of paying more than lip service to fair procedure. West London Mental Health v Chhabra illustrates the dangers of allowing non decision makers to meddle in disciplinary proceedings. In this case, concerns were raised about a consultant psychiatrist, including about possible breaches of confidentiality after…

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whistleblowing protection for concerns about driving in snowy weather

In Norbrook Laboratories (UK) Ltd v Shaw Mrs Justice Slade DBE sitting in the Employment Appeal Tribunal was asked to consider whether a series of emails, taken together, could be treated as a protected disclosure for the purposes of section 43B(1) of the Employment Rights Act 1996 (whistleblowing protection). Mr Shaw claimed automatic unfair dismissal…

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Justice Secretary Grayling to use EAT case as political challenge to EU law

Last October Joshua Rozenberg reported in The Guardian that a recent case concerning Moroccan workers in diplomatic missions in London resulted in failed claims for unfair dismissal, unpaid wages and breaches of the Working Time Regulations because the employers were able to claim state immunity. I commented about the case last November. It has now…

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