The government has recently outlined plans for employment law reform, including financial penalties to be introduced on employers who breach employment rights. The main proposals of notable interest are:- To increase the qualifying period for unfair dismissal to 2 years. For all claims to be submitted to ACAS for pre-conciliation before a claim can be […]
Marital Discrimination
If an employer treats an employee less favourably, not because she is married, but because she is married to a particular man, will that amount to Marital Discrimination? In the case of Dunn v Institute of Cemetery and Crematorium Management the EAT said it would. The salient facts of the case are as follows. Mrs […]
Legal Expense Insurance – Freedom of choice of Solicitor?
In Brown-Quinn v Equity Syndicate Management, Burton J re-confirmed that an individual who benefits from Before the Event Insurance has the freedom to choose his own solicitor. He also went on to find that the insurer could not insist on the hourly rate that it would have paid its panel solicitor but at the same […]
Holidays – Use it or lose it – even on long term sick leave?
Yes said the EAT (Underhill P) in Fraser v St George’s NHS Trust unless the employer agrees for it to be carried over to the next year. Workers continue to accrue annual leave entitlement during sickness absence, and workers can choose to take annual leave at the same time as being absent due to sickness […]
Employment status – Supreme Court ruling
Employment status has been in the headlines a lot over the years and particularly this year as there was a Supreme Court ruling on it in the case of Auto-Clenz Limited v Belcher and Others (2011) http://www.bailii.org/uk/cases/UKSC/2011/41.html. In the case of AutoClenz, the Court of Appeal held in 2009 that the individuals in that case […]
Astons’ Client wins £193k in Employment Tribunal
Astons Solicitors successfully acted for Mrs Harper in her employment tribunal case against her employers (Moulton College) for constructive unfair dismissal and age discrimination. The Bedford Employment Tribunal held in Mrs Harpers favour on both complaints and awarded her the total sum of £193,849.11. On 12th May 1986, Mrs Harper began work for Northampton Borough […]