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Round-up of UK employment law developments in April 2013
- Herbert Smith Freehills LLP
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- United Kingdom
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- May 9 2013
Employers may need to distance themselves from discriminatory remarks made by shareholders who are closely connected to or wield influence over the
ECJ ruling on definition of disability
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- May 8 2013
The ECJ has confirmed that a person who can work to a limited extent or limited hours can still be "disabled". Relying on the UN Convention on the
Period of continuous employment start date may be changed by activities prior to official start date
- Herbert Smith Freehills LLP
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- United Kingdom
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- May 8 2013
Employers should take care when asking a new recruit to attend meetings or events prior to the start date of employment specified in the contract
Care needed when using pre-existing employee body for collective redundancy consultation
- Herbert Smith Freehills LLP
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- United Kingdom
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- May 8 2013
Employers contemplating using an existing employee consultative body for collective redundancy consultation, rather than organising elections for ad
Employment tribunals draft fees order and consultation on fee remission
- Herbert Smith Freehills LLP
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- United Kingdom
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- May 8 2013
The Government has stated that it is "working towards" implementing fees in Employment Tribunals and the EAT at the end of July 2013. A draft fees
Employment law reforms enacted
- Herbert Smith Freehills LLP
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- United Kingdom
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- May 8 2013
The Enterprise and Regulatory Reform Bill finished its passage through Parliament and received Royal Assent on 25 April 2013. BIS has also published
Employee working outside EU could not claim UK statutory holiday pay
- Herbert Smith Freehills LLP
- -
- United Kingdom
- -
- May 8 2013
The principle that UK laws which are derived from EU law must be construed as permitting claims in England, where English law is the proper law of
Employers may need to disown influential shareholders’ discriminatory remarks
- Herbert Smith Freehills LLP
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- United Kingdom
- -
- May 8 2013
Employers may need to distance themselves from discriminatory remarks made by shareholders who are closely connected to or wield influence over the
No breach of TUPE information and consultation duties where a transfer does not go ahead
- Herbert Smith Freehills LLP
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- United Kingdom
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- May 8 2013
TUPE imposes an obligation on a transferor to inform and consult representatives for its own "affected" employees. Previous case law has established
Disability discrimination claim struck out where no evidence that employer knew of disability
- Herbert Smith Freehills LLP
- -
- United Kingdom
- -
- May 8 2013
Employers should succeed in striking out a claim where, putting the claimant's case at its best, there is still no evidence of an essential part of
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