new National Minimum Wage from 1 October 2013

One of the more surprising political stories to emerge this month was Allegra Stratton’s BBC report that the Conservatives are considering ways in which to raise the National Minimum Wage. Apparently the intention is to strike a balance between increasing people’s earning power while avoiding a negative impact on the number of people in employment.…

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consensual termination of employment cannot be assumed

Francis v Pertemps Recruitment Partnership Ltd concerns the dividing line between dismissal and termination of a contract by mutual consent. Mr Francis was a temp in the fortunate position of having a contract of employment with an agency – who supplied him to Transco to do administrative work. When the successors to Transco’s business, SGN,…

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does a finding of gross misconduct always justify dismissal?

It may seem an obvious reply. Surely gross misconduct, once established, has destroyed the employment relationship at such a fundamental level that it cannot realistically continue. The question was considered by the Employment Appeal Tribunal in Brito-Babapulle v Ealing Hospital NHS Trust. Ms Brito-Babapulle was a consultant haematologist at Ealing Hospital. Pursuant to the terms…

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