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Extension of time to lodge an employment tribunal claim

  • 19 December 2018
There are strict time limits for lodging tribunal claims, but a tribunal can extend time in certain limited circumstances. What if an employee lodges their claim form late because of poor advice?

DHL Supply Chain dismissed Mr Fazackerley for gross misconduct. He went to ACAS for advice from their...

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Discrimination on the grounds of religion and race

  • 05 December 2018
On the face of it, asking a Muslim employee if they promote Islamic State (IS) might seem discriminatory. A recent case showed that the courts will look at the background to comments and the reasons they were made before making a decision.

Mr Bakkali worked for Greater Manchester Buses. Mr Bakkali...

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Discrimination arising from disability

  • 13 November 2018
An employer will not be liable for disability discrimination unless it knew about the employee's disability (or should have known about it). But what if an employer disciplines someone for misconduct that they don't know is connected to a disability?
Mr Grosset worked for City of York Council as a...

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Constructive dismissal 'last straw' update

  • 20 September 2018
The law on constructive dismissal has been under the spotlight.  Sometimes, employees claim constructive dismissal because of a 'last straw' which pushes them over the edge. The courts have recently considered whether a fair disciplinary process – no matter what the outcome – can...

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Variation of contract

  • 02 September 2018
How easy is it for an employer to impose a pay freeze? In Abrahall v Nottingham City Council, the Court of Appeal decided that a group of employees had not 'agreed' to a pay freeze when they continued to work without protest afterwards. In 2011, the Council imposed a two year pay freeze. The...

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Dress codes and sex discrimination

  • 23 August 2018
The Government Equalities Office has issued new guidance on dress codes and sex discrimination. The guidance follows a high profile case in 2016 when a receptionist was sent home for wearing flat shoes.  It looks at how to set a fair workplace dress code. The guidance acknowledges that dress...

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Notice of Termination

  • 23 August 2018
Where an employment contract is silent on when notice is deemed to be given, notice of termination takes effect when it is actually received by the employee and s/he has read it (or had a reasonable opportunity to read it).
In April 2011, Ms Haywood was told she was at risk of redundancy. She...

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Injuries to feelings payment not taxable

  • 16 August 2018
The Court of Appeal has decided that a settlement payment for injury to feelings for discrimination by an employer was not taxable. Mr Moorthy agreed a settlement package of £200,000 with his employer which included an amount for injury to feelings for age discrimination. No specific amount...

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Rights of EU Workers in the UK after Brexit

  • 20 July 2018
The UK government has updated its guidance on the rights of EU citizens to live and work in the UK. It reflects the agreement reached recently between the UK and the EU on the Brexit implementation period which will run between 29 March 2019 and 31 December 2020. 
It is intended that the free...

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Giving references

  • 20 July 2018
Employers have a duty of care to employees when writing a reference. You must exercise reasonable care and skill. The reference should be true, accurate and fair. You must take reasonable care that it is not misleading by what is included or omitted from it. If you provide a reference and it...

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