employment law

Witness orders in the Employment Tribunal – what are they?

February 12, 2013

When employment disputes graduate to the Employment Tribunal, the Tribunal has to decide what they think the facts of the matter are and how the law applies to the relevant facts. The issue of evidence in the Employment Tribunal is therefore a very important one – cases succeed or fail based upon what evidence they […]

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Closing your business and avoiding unfair dismissal claims

January 17, 2013

In the light of this recent news story about the success of a woman in her claim for unfair dismissal after the business she worked for was shut down we’re going to examine how businesses can potentially avoid liability in such claims if they close down. We’ll therefore look at the following issues: Why might […]

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Information requirements on commercial websites

January 16, 2013

In the 2000’s the UK Government implemented the Distance Selling Directive and the E-Commerce Directive through the Consumer Protection (Distance Selling) Regulations 2000 and the Electronic Commerce (EC Directive) Regulations 2002. These had the aim of promoting the internet for e-commerce by providing consumers and businesses with reassurances that their personal and financial details would […]

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Postman loses Employment Tribunal claim against unfair dismissal

January 16, 2013

A postman has lost his appeal to the Employment Appeal Tribunal against a finding of fair dismissal in his Employment Tribunal claim last year. The facts in McAfferty v Royal Mail Group Ltd Thomas McAfferty commenced employment with Royal Mail in 1991 and worked as a postman for the company for 19 years until his […]

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Woman successful in unusual breach of contract claim against Holland & Barrett

January 8, 2013

A news item in the Pink News recently reported the success of a woman’ Employment Tribunal claim after she was forced to go off work sick because of the conduct of her husband. Mother-of-two Olga Gofmane, 34, emigrated to the United Kingdom with her husband approximately ten years ago. She worked for Holland & Barrett […]

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Employers can dismiss for theft of any item – no matter how small

January 7, 2013

In the recent Employment Tribunal case of Kaczor v Booker Ltd the Employment Tribunal determined that the theft of any item may warrant a dismissal – however harsh the decision to dismiss is. We’ll take a look in this post at the facts relating to Kaczor v Booker Ltd, the law relating to misconduct and […]

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Volunteers can’t claim for discrimination under the Equality Act 2010

January 7, 2013

In this post we’ll take a look at a recent news article and Supreme Court decision to examine who can – and who can’t – make a claim for discrimination in the Employment Tribunal under the Equality Act 2010. What is discrimination under the Equality Act 2010? Who can make a claim for discrimination in […]

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Christmas parties – “do’s” and “don’ts” for employers

December 24, 2012

Christmas is both an exciting time of the year and – unfortunately – a potentially problematic one. Employers can demonstrate their goodwill to their employees (and show off a little bit) by having lavish Christmas parties and entertaining their staff. However, Christmas parties (and the Christmas season in general) can also bring problems bubbling to […]

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A brief introduction to entrepreneurs’ relief

December 16, 2012

Entrepreneurs’ Relief was introduced in the Financial Act 2008, replacing the previous taper relief. This is an important tax relief and can save persons selling their business and/or shares a huge amount of money in avoided tax payments. It can therefore be hugely beneficial (if the circumstances are right) to take expert employment law advice […]

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What should you do if a former employee damages your business?

December 15, 2012

The recent case of Imam-Sadaque v Bluebay Asset Management (Services) Ltd [2012] is a useful reminder to employers (if in fact they needed a reminder at all) that employees can be a problem for their businesses when the employment relationship terminates. The facts in Imam-Sadaque v Bluebay Asset Management (Services) Ltd Mr Imam-Sadaque (who joined […]

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