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News

News

Employment law is constantly changing, both in terms of legislation and when new case law develops. We can advise you of significant developments when they occur, summarising what you need to know in our clear, user-friendly email updates. As always, we will be focused on how the law will affect your workplace in practice, so that you can be best equipped to deal with any changes.

Constructive dismissal - what’s the reason for the resignation?

23 October 2013 by Nicola Brown

In our experience, constructive dismissal is one of the most misunderstood areas of employment law. There is often confusion about what amounts to a dismissal or resignation and what it takes for an employee to be able to bring a claim. In particular, the recent case of Wright v North Ayrshire Council... read more »

When does a resignation take effect?

23 October 2013 by Nicola Brown

If an employee resigns, when does the resignation take effect? Normally, the letter of resignation will make this clear, for example by giving a month’s notice, but what happens when the letter of resignation is silent on this? This was the question considered by the Employment Appeal Tribunal (EAT) in... read more »

Reasonable adjustments for disabled employees

23 October 2013 by Nicola Brown

The question of what constitutes a reasonable adjustment often turns up in case law and the latest case of Croft Vets Ltd & Ors v Butcher (2013) is no exception. The Equality Act 2010 imposes a duty on employers to make reasonable adjustments to help disabled job applicants, employees and former... read more »

FAQs: Termination payments for employees dismissed due to ill health

23 October 2013 by Nicola Brown

We sometimes receive queries about what should be paid to an employee who is dismissed due to long-term ill-health. We answer these questions below and give some guidance on a slightly strange provision around the payment of notice in such circumstances: If an employee is dismissed because he or she... read more »

Frustration

23 October 2013 by Nicola Brown

The legal concept of frustration is something all would-be lawyers are taught when learning about contract law. The idea is that a contract can be set aside where an unforeseen event makes it impossible for one or both parties to fulfil the contract. The principle comes from the case of Taylor... read more »

Whistleblowing – learning from Orchid View

23 October 2013 by Nicola Brown

The shocking news about what went on at the Orchid View care home in Copthorne, West Sussex, was brought to light by administrator Lisa Martin. Ms Martin called the police after she witnessed numerous serious failures being covered up or ignored by the care home’s management. We look at what... read more »

Latest National Minimum Wage rates

22 October 2013 by Nicola Brown

As from 1st October 2013, the new rates for the National Minimum Wage are as follows:             Over 21 years old:                      £6.31 (from £6.19)             18 – 20 year olds:                      £5.03 (from £4.98)             16 – 17 year olds:                      £3.72 (from £3.68)             Apprentice rate:                         £2.68 (from £2.65) If you have any queries about the National Minimum Wage in... read more »

A right to be accompanied – even when the statutory right doesn’t apply?

27 September 2013 by Nicola Brown

As you are hopefully aware, all employees have a statutory right to be accompanied at all disciplinary and grievance hearings by a colleague or a trade union representative. But there are still many other types of formal meetings that may take place between an employee and an employer where the statutory right to... read more »

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