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Absolute right to be accompanied
  • Dentons
  • United Kingdom
  • May 19 2014

Employees have a statutory right to be accompanied by a colleague or trade union representative to a disciplinary or grievance meeting. Two


Discrimination questionnaires abolished
  • Dentons
  • United Kingdom
  • May 19 2014

The rules on discrimination questionnaires have been abolished. Questionnaires may still be submitted but the eight-week time limit for an


An agreement tainted by illegality
  • Dentons
  • United Kingdom
  • October 31 2016

Hughes v. The Coupers Partnership Ltd (CPL) UKEAT 0078_16 has provided a reminder of the concept of illegality. The facts Mr Hughes was a commercial


Taking prior disciplinary warnings into account
  • Dentons
  • United Kingdom
  • October 31 2016

The extent to which an employer can take prior warnings issued to employees into account can be confusing. The recent case of Trye v. UKME (UK


Can an ACAS Early Conciliation certificate cover a claim which has not arisen before the date of the certificate?
  • Dentons
  • United Kingdom
  • October 31 2016

In the recent case of Compass Group UK & Ireland Ltd v. Morgan UKEAT 0060_16, the EAT clarified the scope of matters that can be covered by a single


Enhanced redundancy payments implied
  • Dentons
  • United Kingdom
  • May 19 2014

Employees argued that enhanced redundancy payments had been implied into their contracts by custom and practice. Although there was no written


Financial penalties for losing employers
  • Dentons
  • United Kingdom
  • May 19 2014

Tribunals now have the power to order that a losing employer must pay a financial penalty if a claim has aggravating features. The minimum penalty


The sky does have a limit when it comes to the age of commercial pilots
  • Dentons
  • European Union, Germany, United Kingdom
  • May 31 2017

The default retirement age in the UK was abolished on 6 April 2011. Since then, some employers have set their own fixed retirement age. However, in


Supreme Court rules in two indirect discrimination cases
  • Dentons
  • United Kingdom
  • May 31 2017

For a claimant to prove indirect discrimination, he or she has to show that there is a provision, criterion or practice which puts him or her (and


Proving unlawful discrimination - lackadaisical attitude of investigator does not amount to discrimination
  • Dentons
  • United Kingdom
  • May 31 2017

Evidencing unlawful discrimination can be difficult, usually because there is often no way to evidence why a person has acted in the way that they