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ACAS discussion paper on Agency Workers' Directive
- Shepherd & Wedderburn LLP
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- United Kingdom
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- August 13 2009
Employers will be aware of the Government consultation on the implementation of the Agency Workers' Directive in the UK which closed on 31 July 2009
Early review of default retirement age
- Shepherd & Wedderburn LLP
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- United Kingdom
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- August 13 2009
The Government has recently announced that it will bring forward its proposed review of the default retirement age under the Age Discrimination Regulations from 2011 to 2010
Equality Bill update
- Shepherd & Wedderburn LLP
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- United Kingdom
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- August 13 2009
The Equality Bill continues to progress through Parliament towards an implementation date in 2010
Failure to make reasonable adjustments can render a dismissal unlawful
- Shepherd & Wedderburn LLP
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- United Kingdom
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- August 13 2009
Where a dismissal could have been avoided by making a reasonable adjustment (such as a phased return to work or a move to a different job), the employer's failure to make the reasonable adjustment meant that the dismissal itself amounted to discrimination under the Disability Discrimination Act
TUPE and insolvency
- Shepherd & Wedderburn LLP
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- United Kingdom
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- August 13 2009
The Court of Appeal has heard the appeal in Oakland v Wellswood (Yorkshire) Ltd
Employment status in the construction industry
- Shepherd & Wedderburn LLP
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- United Kingdom
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- August 13 2009
HM Revenue and Customs has published a consultation on "false self-employment in construction", in which it proposes that workers in the construction industry will be treated as being in receipt of employment income for tax purposes and therefore subject to National Insurance contributions and tax unless they meet one of three criteria
ACAS report shows substantial increase in claims
- Shepherd & Wedderburn LLP
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- United Kingdom
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- August 13 2009
In its recently published annual report for 200809, ACAS notes the substantial increase of 22 in the number of unfair dismissal cases referred to it for arbitration and conciliation
Employer has substantial flexibility to determine selection pools in a redundancy exercise
- Shepherd & Wedderburn LLP
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- United Kingdom
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- August 13 2009
The EAT has held that an employer has a wide measure of flexibility in determining the pools for selection in a redundancy process (Lomond Motors Ltd v Clark
Legal representation at internal disciplinary proceedings
- Shepherd & Wedderburn LLP
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- United Kingdom
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- August 13 2009
In the case of Kulkarni v Milton Keynes Hospital NHS Foundation Trust, the Court of Appeal has held that in certain circumstances an individual may have the right to be legally represented at an internal disciplinary hearing
Attempts at conflict resolution did not prevent disciplinary action
- Shepherd & Wedderburn LLP
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- United Kingdom
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- August 13 2009
In West London Mental Health NHS Trust v Sarkar, the EAT held that the employer's actions in seeking to resolve complaints against Mr Sarkar through an internal "Fair Blame Policy", designed to deal with less serious matters, did not mean that his subsequent dismissal for gross misconduct was unfair or outside a range of reasonable responses open to the employer
Current Search
- Workarea - Employment & Labor
- Firm Name - Shepherd & Wedderburn LLP
- Author - Sheila Gunn