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In this section we will cover the latest news surrounding employment law and recent cases.
Please note: Our Employment Law Articles do not constitute
legal or other professional advice and should not be relied on as
such. You should take specific advice regarding your circumstances
before taking any action based on the information contained within this
Article.
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Department for Business Innovation and Skills |
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Written by Rachel Billen
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Thursday, 11 June 2009 00:00 |
New department for Business Innovation & Skills (BIS)
On Friday, 5 June 2009 it was announced that the Department for Business Enterprise & Regulatory Reform (BERR) is to be merged with the Department of Innovation Universities & Skills.
The new department will be known as the Department for Business Innovation & Skills which, according to the government press release, creates a single department “committed to building Britain’s future economic strengths”. The press release goes on to state that the new department will, amongst others, advocate the needs of business across government, especially of UK small business, promote an enterprising environment that is good for business and good for consumers and defend a sound regulatory environment that encourages enterprises and skills.
As at the time of writing, the website for the new department is still accessed through www.berr.gov.uk.
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Last Updated on Tuesday, 30 June 2009 12:54 |
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Written by Rachel Billen
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Thursday, 16 April 2009 00:00 |
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Whilst the statutory grievance procedure has now been repealed, the new ACAS Code still deals with grievances as a mechanism for helping employers and employees to resolve grievances without recourse to the Tribunal. Whilst an employee is not required to submit a grievance before bringing a claim, an employee may be awarded reduced compensation for failing to do so.
In this case, the company sued the employee for breach of contract in the county court. In her response, the employee counterclaimed indicating that she wished to bring an equal pay claim against the employer at the Employment Tribunal.
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Last Updated on Friday, 01 July 2011 10:35 |
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Read more... [Burns v Killgerm]
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Written by Rachel Billen
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Friday, 24 April 2009 14:35 |
Equality Bill
The Government has announced an amendment to the Equality Bill which will provide protection against associative and perceptive direct discrimination and harassment to those areas of discrimination legislation where this does not currently apply i.e. sex, age, disability and gender reassignment.
This will reflect the present protection in place for employees who are subjected to discrimination and harassment if they are wrongly perceived to belong to a particular group or have particular beliefs (known as perceptive discrimination). Likewise, discrimination is prohibited arising from an association with a person of a particular group or with a particular belief.
Registers of Judgments, Orders and Fines (Amendment) Regulations 2009
As of 1 April 2009, where an employer fails to pay an award made either by the Employment Tribunal or the Employment Appeal Tribunal and who have had enforcement proceedings commenced against them, will be entered onto the County Court Register of Judgments. This Register may be searched by the public and is also used by financial institutions when considering applications for credit.
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Last Updated on Tuesday, 30 June 2009 12:54 |
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Written by Rachel Billen
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Thursday, 16 April 2009 00:00 |
This Court of Appeal case looked at the question of whether a controlling shareholder can be an employee of a company, thereby entitling the shareholder to a statutory redundancy payment, pay in lieu of notice etc in the event of the company’s insolvency.
This case was of particular importance to the Department of Business Enterprise & Regulatory Reform (BERR) as, prior to the case, the law had been conflicting and there had been thousands of claims being made to the National Insurance Fund for these payments.
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Last Updated on Friday, 01 July 2011 09:18 |
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Read more... [BERR v Neufeld & Howe]
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