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Monthly Archives: September 2012

Consultation on Employment Tribunal Rules.

In November 2011, Mr Justice Underhill, former President of the Employment Appeal Tribunal was invited by the Government to lead a fundamental review of the rules of procedure for Employment Tribunals. Mr Justice Underhill’s review was published on 11th July. … Continue reading

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Government Proposes Unfair Dismissal Payouts to be Capped.

Business Secretary, Vince Cable has put forward proposals for consultation to limit the amount of compensation that a worker can be awarded at an Employment Tribunal. The current cap of £72,300 on awards for unfair dismissal is expected to be … Continue reading

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Workers not entitled to Compensation uplift where employers fail to comply with Acas Code.

In the case of Local Government Yorkshire and Humber v Shah EAT/0587/11 & EAT/0026/12 it was held that only employees, not workers, can be awarded a compensation uplift of 25%, where a respondent has unreasonably failed to comply with the … Continue reading

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Vicarious Liability: Where Are We Now?

Vicarious liability imposes liability on D (defendant) to compensate C (claimant) for the damage caused by A (actor)’s wrong, although D is not personally at fault at all. Here is a conflict between two principles: (1) a victim of another’s … Continue reading

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Test cases on Religious Discrimination in the Workplace before European Court Today.

Today the Strasbourg court will hear complaints in four test cases about the freedom of Christians to wear crosses at work and to refuse to support same sex relationships. The cases involve article 9 (freedom of religion) and article 14 … Continue reading

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