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Government considering re-introducing Employment Tribunal Fees

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It is being reported in the  Law Society Gazette  that the government is considering reintroducing tribunal fees. Whilst no detail is given, the Ministry of Justice has said it is confident that a fee system can be found which does not deny...

Part-time workers

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Does service before the deadline for implementation of an anti-discrimination directive count for calculating a pension? Yes, held the CJEU in  O'Brien v Ministry of Justice . This case is likely to signal the end of the long running judicial...

Holiday Pay Case

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Does the heir of a worker who dies while in an employment relationship with a public or private employer have a right to financial compensation in lieu of the worker’s untaken paid annual leave? Yes, held the CJEU in  Wuppertal v Bauer and...

Holiday Pay

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If a worker doesn't apply for the minimum annual leave due under EU law during a leave year, is the right to that leave lost at the end of the year? No, unless the employer diligently gives the worker the opportunity to take it, held the CJEU in ...

Disclosure

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Is a tribunal able to order disclosure of document which would, if given by a party, be contrary to s.19(5)  Anti-Terrorism Crime & Security Act 2001  ('ATCSA')? No, held the EAT in  Northampton Borough Council v Wolstenholme . ...

Negotiating Civil Service Pay Rises

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Does a recognised Trade Union have a legitimate expectation of consultation over a Government department's remit for negotiating pay? Not on the facts of this case, held the Administrative Court in  R v Minister for the Cabinet Office , refusing an...

Part Time Workers: Parity of Pay

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Was it less favourable treatment to pay a part-time worker 50% of full pay for being on duty 53.5% of full time hours? Yes, held the Court of Appeal in  British Airways v Pinaud . Mrs Pinaud worked a part-time contract of 14 days on and 14 days off....

Unfair Dismissal

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Was it unfair for an employer to withhold certain evidence from a disciplinary panel? Not on the facts of this case, held the EAT in  Hargreaves v Manchester Grammar . Mr Hargreaves was a teacher with an unblemished record until it was alleged that he...

Disability Discrimination

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Did a tribunal fail to apply the correct test when using the words "necessarily predicting" in assessing disability? No, held the EAT in  Martin v University of Exeter . A preliminary hearing was held to determine the date on which the...

Vicarious Liability

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Is an employer vicariously liable for the misuse of its employees' personal and confidential information by another employee's criminal conduct intended to harm the employer? Yes, held the Court of Appeal in  WM Morrison Supermarkets Plc v...

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