NEWS

Constructive Dismissal

In the recent case of Logan v. Celyn House Limited the EAT considered whether the “principal reason” for the resignation needed to amount to a fundamental breach of contract for the claim of constructive unfair dismissal to succeed. In summary, the Claimant was a veterinary nurse who resigned in response to a grievance decision which […]

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Uplifts for Failure to Comply with ACAS Code of Practice

The EAT recently considered whether uplifts for failure to comply with the ACAS Code of Practice can be made in favour of workers as well as employees. In the case of Local Government Yorkshire v. Shah the Claimant was a worker seconded to the Respondent. She was dismissed in circumstances giving rise to a claim […]

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Holiday Pay – Court of Appeal rules on whether holiday can be carried over

The Court of Appeal has recently announced its decision in the case of NHS Leeds v Larner. Mrs Larner had been employed by NHS Leeds for 20 hours a week and her contract of employment stated that during a period of sick leave she would accrue holiday but that she was only entitled to carry […]

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Employment Tribunal Rules

Mr Justice Underhill, who was asked by the Government last November to carry out a fundamental review of the Employment Tribunal rules, has recently announced his findings and recommendations. The purpose of the review was to look at streamlining the Tribunal process, increase understanding for all parties and reduce costs. The key points recommended in […]

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Annual Leave and Sickness

Must a worker who falls ill during a period of statutory annual leave be entitled to take that leave at a later date? Yes said the European Court of Justice in Asociación Nacional de Grandes Empresas de Distribución (ANGED) v Federación de Asociaciones Sindicales (FASGA) and others C-78/11. The ECJ has held that a worker […]

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Robin Aston praised in National Kuala Lumpur Newspaper

Astons Solicitors’ Senior Partner Robin Aston was cited in a National Kuala Lumpur newspaper last weekend by a key figure in the Malaysian Government. Datuk Seri Idris Jala is currently a senior Government minister and CEO of Permandu (the Performance Management and Delivery Unit.) The article entitled ‘enduring lessons from first job’ describes Jala’s early […]

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