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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
ECJ ruling on definition of disability
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
- -
- 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
Collective agreement clause could not be construed as giving employer choice of two pay rates
- Herbert Smith Freehills LLP
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- United Kingdom
- -
- May 8 2013
Overturning the EAT, the Court of Appeal has construed a contractual clause in a collective agreement, which provided that the employer would
Disability discrimination claim struck out where no evidence that employer knew of disability
- Herbert Smith Freehills LLP
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- 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
No breach of TUPE information and consultation duties where a transfer does not go ahead
- Herbert Smith Freehills LLP
- -
- United Kingdom
- -
- 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
Post-employment victimisation is prohibited after all
- Herbert Smith Freehills LLP
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- United Kingdom
- -
- May 8 2013
The EAT has ruled that post-employment victimisation is unlawful, departing from its previous decision in Rowstock v Jessemy. (Onu v Akiwiwu) Such
Employee working outside EU could not claim UK statutory holiday pay
- Herbert Smith Freehills LLP
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- 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
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
- -
- 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
- -
- May 8 2013
Employers contemplating using an existing employee consultative body for collective redundancy consultation, rather than organising elections for ad
Court of Appeal upholds bonus ruling in Dresdner v Attrill
- Herbert Smith Freehills LLP
- -
- United Kingdom
- -
- April 29 2013
The Court of Appeal has dismissed an appeal from the High Court's ruling that Dresdner Kleinwort had contractually committed to a minimum bonus pool
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