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No award for loss of earnings granted when suitable alternative job offer from employer is refused

RPC
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United Kingdom
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November 30 2011

A single mother who sued the Ministry of Defence for indirect sex discrimination was awarded compensation for injury to feelings but did not mitigate her loss and therefore was not awarded any compensation for loss of earnings

No service provision change where client changes

RPC
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United Kingdom
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July 27 2012

Hot on the heels of Hunter, in the recent case of Taurus Group Ltd v Crofts and another, the Employment Appeals Tribunal (EAT) has held that there is no transfer under the service provision change definition if the change of a contractor comes with a change in the client for whom the services were being carried out

Employee lawfully dismissed for breakdown in trust and confidence

RPC
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United Kingdom
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April 13 2011

Mr Ezsias was a surgeon employed by North Glamorgan NHS Trust

12-month post-termination non-solicitation clause too long to be enforceable

RPC
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United Kingdom
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June 17 2010

In Associated Foreign Exchange Ltd v International Foreign Exchange (UK) Ltd and Another the High Court held that there was insufficient evidence that a restriction of 12 months went no further than was reasonably necessary to protect an employer's legitimate business interests

Swapping the role of a disabled employee with that of another employee is capable of being a reasonable adjustment

RPC
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United Kingdom
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May 18 2010

In Chief Constable of South Yorkshire Police v Jelic, the EAT held that before medically retiring a disabled employee the employer should consider whether it would be possible to swap the role of a disabled employee with that of another employee who has a role which would be more manageable

ACAS publishes guidance on social networking

RPC
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United Kingdom
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November 30 2011

The increased use of social networking and its misuse in the workplace are of concern to any employer

Ministry of Justice consultation document on charging fees in Employment Tribunals released

RPC
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United Kingdom
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January 11 2012

The consultation document puts forward two fee options for the Employment Tribunal

Indemnity in compromise agreement did not cover criminal proceedings

RPC
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United Kingdom
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February 3 2012

A compromise agreement signed by Andy Coulson when he left his position of Editor at the News of the World indemnified Mr Coulson against the legal costs of him “having to defend, or appear in, any administrative, regulatory, judicial or quasi-judicial proceedings as a result of his having been Editor of the News of the World.”

EAT holds handbook term allowed unilateral variation of employment contracts

RPC
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United Kingdom
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March 10 2010

In Bateman and others v Asda Stores Ltd, the EAT upheld a tribunal decision that Asda was entitled to rely upon a statement in its employee handbook reserving the right to vary contractual terms in order to introduce new pay terms, without the need to obtain the employees' express consent