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Holiday Pay: Voluntary Overtime

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Is pay for voluntary overtime, normally worked, 'normal remuneration' for the purposes of calculating holiday pay? Yes, held the EAT in Dudley Metropolitan Borough Council v Willetts. The Respondents were Quick Response Operatives working for the...

Reductions to Basic and Compensatory Awards

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Was it perverse to reduce a compensatory award by 35% but not also reduce the basic award? Yes, held the Employment Appeal Tribunal in University of Sunderland v Drossou. The Claimant was a Senior Lecturer and Programme Leader at the Respondent...

Employee Imprisoned for Breaching Court Order

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The High Court has imposed a sentence of 6 weeks imprisonment on an employee for breaches of an interim injunction in a dispute over confidential information, in OCS Group UK v Dadi. Mr Dadi was an employee of the Claimant, an aviation cleaning contractor...

Discrimination: Unfavourable Treatment

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Is ‘unfavourable treatment’ to be equated with detriment, for the purposes of a claim of discrimination in consequence of something arising from a disability? No, held the Court of Appeal in Trustees of Swansea University Pension &...

Acas Early Conciliation: Getting the Employer's Name Right

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If a director was named on the ACAS Early Conciliation form and the company on the Claim Form, should the claim be allowed to proceed (as this was a minor error)? No, held the EAT, in Giny v SNA Transport Ltd. The Claimant brought several claims,...

Employment Status: The Taylor Review 'Good Work' Report

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The Taylor Report, now called the ' Good Work ' report, has been published this morning. The summary below is adapted, with permission, from blogger and speaker Darren Newman's excellent summary. Here are the proposals on employment law that...

Whistleblowing: Public Interest Requirement

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Can a disclosure which is in the private interest of the worker making it become in the 'public interest' because it also serves  the (private) interests of other workers as well?  Potentially yes, held the Court of Appeal in Chesterton...

Injury to Feelings Awards in Discrimination Claims

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Does a Simmons v Castle uplift apply to injury to feelings awards in discrimination cases? Yes, held the Court of Appeal in De Souza v Vinci Construction (UK) Ltd , concluding the debate in a run of competing authorities on the point. In July 2012,...

Tribunal under duty to consider stigma future loss claim

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When the evidence in a 'whistleblowing' case suggests that a Claimant should receive damages for stigma and loss of future prospects, should an employment tribunal determine that even if it not raised by the parties? Yes, held the Court of Appeal in...

CJEU: 'Pre-Pack' Administration Does Not Disapply TUPE Protection

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Does a 'pre-pack' administration of a company mean that TUPE protection does not apply when an undertaking is transferred? No, held the CJEU in FNV v Smallsteps . A Dutch trade union sought a declaration that employees had transferred after a...

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