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Results: 1-10 of 18

Repeal of the statutory dispute and disciplinary procedures: details of transitional provisions now available
  • DMH Stallard LLP
  • United Kingdom
  • April 8 2009

The statutory dismissal and dispute procedures (SDDPs) have now been repealed with effect from 6 April 2009


Statutory payments rates - increases effective from 6 April 2009
  • DMH Stallard LLP
  • United Kingdom
  • April 8 2009

As from 6 April 2009, the weekly statutory payments rates will increase as follows


TUPE: the EAT has held that a transferee is bound by pay increases negotiated post-transfer under a collective agreement to which the transferee is not a party
  • DMH Stallard LLP
  • United Kingdom
  • April 8 2009

The EAT has held that a transferee remains bound by pay increases negotiated post-transfer under a collective agreement to which the transferee is not a party in the case of Alemo-Herron v Parkwood Leisure Limited (EAT


Ministry of Justice's plans to implement judicial mediation in Employment Tribunals
  • DMH Stallard LLP
  • United Kingdom
  • April 8 2009

The Ministry of Justice has published its Corporate Plan for 2009-11, which includes proposals to implement judicial mediation in Employment Tribunals


TUPE and the Acquired Rights Directive: the EAT has held that a transferee is not obliged to consult, after the transfer, about measures it envisages taking in respect of transferred employees
  • DMH Stallard LLP
  • United Kingdom
  • April 8 2009

The EAT has held that neither TUPE nor the Acquired Rights Directive (ARD) requires a transferee to consult, after the transfer, about measurers it envisages taking in respect of transferring employees in the case of UCATT v Amicus EAT


Sexual Orientation Regulations - homophobic banter towards an individual could amount to harassment even where the individual is not gay and nor do his tormentors believe him to be so
  • DMH Stallard LLP
  • United Kingdom
  • April 8 2009

In English v Thomas Sanderson Limited 2008 the Court of Appeal has held by a majority that "homophobic banter" directed at an employee could be harassment under the Sexual Orientation Regulations, even where the victim was not gay; his "harassers" did not believe him to be gay; and he knew that his "harassers" did not believe him to be gay


High Court rules that retirement age is not unlawful
  • DMH Stallard LLP
  • United Kingdom
  • March 19 2010

As widely reported, the High Court has ruled that the UK's default retirement age of 65 contained in the Age Discrimination Regulations is not unlawful for now R (on the application of Age UK) v Secretary of State for Business, Innovation and Skills 2009 EWHC 2336 HC) (Heyday


Internal disciplinary proceedings and right to legal representation
  • DMH Stallard LLP
  • United Kingdom
  • March 19 2010

The Court of Appeal has commented that a junior doctor facing serious disciplinary charges can be entitled to legal representation at his disciplinary hearing even if the disciplinary policy does not provide for such a right


New rules on workers who fall sick during annual leave
  • DMH Stallard LLP
  • European Union, United Kingdom
  • March 19 2010

The ECJ has held that, where a worker's pre-arranged annual leave coincides with a period of sick leave, the worker must have the option to reschedule their annual leave to an alternative period under the Working Time Directive Pereda v Madrid Movilidad SA C-27708 (ECJ


Disability discrimination: the EAT has held that an employer's failure to make reasonable adjustments to avoid dismissing a disabled employee was sufficient to render the dismissal itself an act of discrimination
  • DMH Stallard LLP
  • United Kingdom
  • November 2 2009

The EAT has held that an employer’s failure to make reasonable adjustments to avoid dismissing a disabled employee was sufficient to render the dismissal itself an act of discrimination in the case of Fareham College Corporation v Walters EAT UKEAT007609