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Written by EmploymentLawForum
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Wednesday, 01 September 2010 12:43 |
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Catchwords
Employment – Discrimination – Race and sex discrimination – Employment by unincorporated association – Procedure – Employee bringing claim for sex and race discrimination against unincorporated association – Employee naming two specific individual defendants – Whether permissible to name association – Whether all members of committee having to be joined – Whether two specific defendants properly on notice – Whether employment tribunal erring in determination of employee's substantive claim.
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Read more...
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Written by Joanne Sefton
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Wednesday, 25 August 2010 14:23 |
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The facts
Mr Wedgewood was employed as an accountant by the respondent, which operated a motor car franchise. Mr Wedgewood was notified that his position was at risk of redundancy and, after some consultation, he was dismissed by reason of redundancy. The dismissal was confirmed by letter dated 4 November 2008, which stated that notice would expire on 1 December 2008.
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Written by Anthony Philpott
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Wednesday, 25 August 2010 14:13 |
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Employers need to take a sympathetic approach where an employee suffers from ill health. What happens, however, when the employer reaches the ‘point of no return’? How do they ensure any subsequent dismissal is fair, and how long do they need to wait before dismissing? This article advises on the correct process to follow where an employee is absent through ill health on a repeated or long-term basis.
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Written by Andrew Valerio
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Wednesday, 25 August 2010 13:55 |
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With the number of workplace claims at record levels, it is increasingly important for employers to understand when the ‘effective date of termination’ (EDT) occurs. The EDT can dictate whether the employee has sufficient continuous service to bring a claim, whether a claim is presented in time and, in some cases, whether the employee was in service on a date which entitles him to a bonus or incentive award. The recent case of Geys v Société Générale should also act as a warning to employers who believe the EDT is something that is inherently in their control. This article examines the principles surrounding the EDT in the context of ambiguous dismissals and resignations, the guidance that can be taken from the Geys case and why the EDT matters.
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Written by Employment Law Newsletter
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Wednesday, 25 August 2010 13:18 |
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Employers who use pre-employment health questionnaires could soon find themselves falling foul of the law, employment lawyers have warned.
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