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Searching Content indexed under Unfair/ Wrongful Dismissal by CMS Cameron McKenna Nabarro Olswang LLP ordered by Published Date Descending.
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1
Employment Law Reform: Fresh Consultation
At the end of last week, in a fresh consultation paper, Ending the Employment Relationship, the Government provided more detail around its existing proposals to make it easier for businesses to dismiss employees.
UK
19 Sep 2012
2
Employment Law - Top Topics For 2012
2012 promises to be a busy year for employment law and employers should ensure that they are ready to respond.
UK
19 Jan 2012
3
Insolvency – TUPE Dismissal Automatically Unfair Even Where No Transferee Identified
The Court of Appeal has held in the recent case of Spaceright Europe Ltd v Baillavoine and another (2011) that a dismissal can be for "a reason connected with the transfer" under the Transfer of Undertakings (Protection of Employment) Regulations 2006 ("TUPE") even if there is no particular transfer or transferee in existence or contemplation at the time of the dismissal.
UK
29 Dec 2011
4
Government Confirms Increase In Unfair Dismissal Qualifying Period And Fees For ET Claims
At the Conservative Party Conference today George Osborne announced that the Government intends to make it "much less risky for businesses to hire people".
UK
10 Oct 2011
5
Dismissal And Vacation On The Same Day
Any period of vacation granted to an employee being dismissed should not be permitted to begin until the following day, to avoid claims that the employee is protected from dismissal.
Poland
31 Mar 2011
6
Workplace Disputes and Employer's Charter
The Government has today announced the next steps in its review of employment laws.
UK
27 Jan 2011
7
Territorial Jurisdiction Clarified For UK Employment Law Rights
The Court of Appeal has recently handed down its decision in Diggins -v- Condor Marine Crewing Services Limited.
UK
4 Dec 2009
8
Can A Belief In Climate Change Be A Philosophical Belief?
Last week the employment appeal tribunal upheld a controversial decision of an employment tribunal that an individual’s views on climate change are capable of being a philosophical belief for the purposes of the Employment Equality (Religion or Belief) Regulations 2003 (the "Regulations").
UK
11 Nov 2009
9
Court Of Appeal Reaches Decision On Oakland v Wellswood (Yorkshire) Limited
The Court of Appeal has reversed the EAT's decision in the above case, although it has not definitively ruled out the application of Regulation 8(7) of TUPE in instances of pre-pack administration.
UK
18 Aug 2009
10
Adjudication And Insolvency
A recent decision in the TCC sheds light on the approach that the Court will take in relation to referral to adjudication where the referring party is insolvent.
UK
14 Apr 2009
11
Still Life In The SDDP´s Yet!
The recent EAT case of Zimmer v Brezan reminds employers that although the statutory dismissal and disciplinary procedures are being repealed in April, they still have plenty of life in them yet!
UK
23 Feb 2009
12
Dismissal Of Worker During IVF Treatment Can Be Sexual Discrimination
The ECJ last week handed down its much-anticipated judgment in Mayr v Bäckerei und Konditorei Gerhard Flöckner OHG on the dismissal of a female employee undergoing advanced in vitro fertilisation ("IVF") treatment.
UK
5 Mar 2008
13
Release From Work Does Not Amount To A Dismissal
The recent decision of the Scottish Employment Appeal Tribunal in Tom Findlay Co. Ltd v Mrs M Devlin UKEATS/0071/06 provides a useful reminder of two key points in relation to resignation by an employee.
UK
18 Jan 2008
14
New Year, New Employment Laws
The limit on a week’s pay increases from £310 to £330 and the maximum unfair dismissal compensatory award rises from £60,600 to £63,000.
UK
8 Jan 2008
15
New Compensation Limits Announced
The annual increase in compensation limits for claims in the Employment Tribunal (effective from 1st February 2007) has been announced.
UK
28 Nov 2006
16
No Free-Standing Claim For Failure To Follow Statutory Procedures
In Scott-Davies v Redgate Medical Services the EAT confirmed that there is no statutory provision conferring jurisdiction on Employment Tribunals to consider free-standing complaints that there has been a failure to comply with the statutory dispute resolution procedures. So employees with under the one year's service normally needed to claim unfair dismissal do not have a claim if the statutory 3-step procedure is not followed.
UK
15 Nov 2006
17
Sexual orientation discrimination
In what could be a landmark ruling under sexual orientation discrimination laws, an Employment Tribunal has ruled that even though the former global head of equity trading at HSBC was lawfully dismissed for gross misconduct, he was discriminated against during the investigative process because of his sexual orientation.
UK
22 May 2006
18
Age discrimination: Retirement
The Retirement provisions of the Employment Equality (Age) Regulations 2006 are likely to have the biggest impact on employers.
UK
17 May 2006
19
Age discrimination: Unfair dismissal
The Employment Equality (Age) Regulations 2006 make specific changes to the law on unfair dismissal. The changes are to remove the age limits applicable to such a claim, create a new ‘retirement’ dismissal reason and process, and change the potential award of compensation resulting from a successful claim.
UK
28 Apr 2006
20
Age Discrimination – are you ready?
A recent marketing survey revealed that ageism is the most common form of discrimination in the work place.
UK
28 Mar 2006
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