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Showing 285 results for Unfair dismissal
Australian Employee Working Remotely from Australia Could Bring Whistleblowing Claim
...unfair dismissal and whistleblowing claims in an English employment tribunal. In Lodge v Dignity & Choice in Dying, L was an Australian citizen and head of finance for a British company. Her co...
New Compensation Limits Confirmed
...unfair dismissal compensatory award and the maximum amount of a week’s pay from 6 April 2015. The amount of a week’s pay will increase to £475 (up from £464). The cap on the compensatory award will in...
Label Attached to Misconduct Immaterial
...unfair dismissal but the employment tribunal found her dismissal fair. On appeal to the Court of Appeal, B argued that she had been dismissed as a result of the hospital’s belief that her conduct amou...
Dismissal of Disabled Employee Lawful as No Adjustments Reasonable
...unfair dismissal and disability discrimination. The employment tribunal rejected her claims and she appealed to the EAT. The EAT dismissed her appeal. The tribunal had been entitled to conclude that...
Redundancy and Maternity Leave: Extent of Obligation to Offer Alternative Employment
...dismissal automatically unfair. She also argued that it amounted to direct discrimination because she was on maternity leave. The employment tribunal upheld both claims and the employer appealed to...
Duty to Make Reasonable Adjustments Did Not Require Employer to Ignore Final Written Warning for Absence
...unfair dismissal and disability discrimination. The employment tribunal upheld his claims, finding that it would have been a reasonable adjustment for the employer to ignore the final written warnin...
Reminder: Employment Law Changes from 1 October
...unfair dismissal where dismissal is connected with the employee’s membership of the Reserved Forces. Small and medium-sized employers will also receive payments if reservists in their employment are...
Injury to feelings compensation for a redundancy tainted by age discrimination should have been taxed
...unfair dismissal, seeking compensation for loss of earnings and injury to feelings. Following a successful mediation, his employers agreed to pay him £200,000 under a settlement agreement. The sum wa...
Time off for Dependants: Failure to Contact Employer as Soon as Reasonably Practicable Meant Dismissal Not Automatically Unfair
...unfair dismissal (if they have two years’ service), and the tribunal will then consider the reason for dismissal and whether the dismissal was fair in all the circumstances. In this case dismissal w...
Taxation of Termination Payments - Is it time to replace the £30k tax exemption, as the OTS suggests?
...unfair dismissal claims. Employee shareholders, who have no right to a statutory redundancy payment under waiver arrangements, would have their termination payments taxed in full. No doubt HMRC will...
Italian Banker Working in Singapore Not Covered by UK Whistleblowing Protections
...unfair dismissal and detriment provisions in the Employment Rights Act 1996 (“ERA”) in the same way as it applies to ordinary unfair dismissal claims. There was no reason to treat cases of automatic ...
Should You Ever Sue Your Boss for Discrimination? - as published in the Telegraph
...unfair dismissal claim against Lord Sugar, often come out. But, so too, do claims about sexual harassment - even if no-one famous is involved. Sometimes it just takes an accusation against a relativel...
Future of £30,000 Tax Exemption for Termination Payments in Doubt
...unfair dismissal, should be tax exempt although this would add an additional layer of complexity. The OTS also recommended: a formal consultation to review other exemptions available in respect of p...
Disciplinary Sanction Could Not be Increased on Appeal
...unfair dismissal . Rights of appeal exist for the employee’s protection and the ability to increase the sanction would deter many employees from exercising their right of appeal. Employers should gene...
Dismissal for Offensive Tweets
Dismissal for Offensive Tweets The EAT has overturned an employment tribunal’s decision that a dismissal for posting abusive tweets on a personal Twitter account was unfair. In Game Retail Ltd v Laws...
Six Week Delay in Resigning Did Not Preclude Constructive Dismissal Claim
...unfair constructive dismissal. The employment tribunal held that the fact that C waited six weeks before resigning meant that he could not claim constructive dismissal. The Employment Appeal Tribu...
Non Payroll Labour: What Employers Need to Know
...unfair dismissal or a redundancy payment. Although there have always been differences in the tests of employment for tax and employment law purposes, the difference has now become more marked.
Employee Lost Right to Claim Constructive Dismissal by Giving Too Much Notice
...unfair dismissal. As the EAT pointed out, this could not have been Parliament’s intention. Employees wishing to resign and claim constructive dismissal need to ensure that they do not do anything...
Whistleblowing Ruling: What it Means for LLPs - as published in Economia
...unfairly dismissed), they do now have a range of protections given to workers against certain types of unlawful treatment by their firms and can use employment tribunal claims to enforce them. LLPs a...
LLP Members Qualify for Worker Rights: Implications for LLPs and their Members
...unfair dismissal or a statutory redundancy payment. The facts In Bates van Winkelhof v Clyde & Co LLP, B was a junior equity member of Clyde & Co LLP. She received both a profit-related el...