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Searching Content indexed under Unfair/ Wrongful Dismissal by Barlow Lyde & Gilbert LLP ordered by Published Date Descending.
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Employment Tribunal Reforms
At the Conservative Party conference yesterday, the Chancellor announced two significant changes in relation to tribunal claims, following the consultation "Resolving Workplace Disputes", which was published at the beginning of the year.
UK
16 Oct 2011
2
When Does A Dismissal Letter Take Effect?
Establishing when a dismissal takes effect is important when an employer is seeking to dismiss an employee before they have one year’s service, so that they do not have the requisite length of service to bring an unfair dismissal claim.
UK
29 Oct 2010
3
Mobility Clauses In A Redundancy Situation
The claimants were immigration officers based at the Waterloo International Terminal ("WIT"). They were "mobile-grade" employees, subject to a mobility provision in the staff handbook which stated that they could be transferred to any civil service post in the UK or abroad.
UK
30 Apr 2008
4
Dismissal Issues - A Summary Of Some Important Decisions
The ACAS Code of Practice on Disciplinary and Grievance Procedures is taken into account by tribunals and is used by them as a guide to good industrial practice.
UK
16 Sep 2007
5
How Long After A Transfer Should You Wait Before Changing Terms?
In Metropolitan University v Sackur and Others (2006), the Employment Appeal Tribunal found that even where changes had been made to employees’ terms and conditions of employment two years after a transfer, these may be regarded as connected with the transfer.
UK
 
16 May 2007
6
Good Leavers, Bad Leavers And Age Discrimination
Employee share schemes Frequently discriminate, either directly or indirectly, on the grounds of age. Here we consider the impact of the new age Discrimination legislation on good leaver/bad leaver clauses and alternative approaches employers could adopt.
UK
 
8 May 2007
7
Permanent Health Insurance
In order to provide employees with protection from being deprived of the benefit of the PHI policy, the Courts have said that there is an implied term in the contract of employment that an employee will not be dismissed where they are incapable of work and where they are in receipt of, or likely to receive, benefits under a PHI policy (Aspden v Webbs Poultry (1996)).
UK
 
2 Sep 2005
8
Employment Status and Agency Workers
In Cable and Wireless v Muscat (2005) the Employment Appeal Tribunal looked at whether an agency worker, provided via an agency, could be an employee of the end user.
UK
 
2 Sep 2005
9
Fixed-Term Contracts: A Round-Up Of Recent Cases
There have been two notable decisions involving fixed-term employees in recent months, both of which provide much needed guidance on the interpretation of the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 .
UK
3 Mar 2005
10
The End of ‘Without Prejudice’ Discussions?
Employers will often have "without prejudice" conversations with employees in the context of ‘managing out’ an employee where no dispute between the employee and the employer has actually arisen. However, such conversations are technically admissible in proceedings.
UK
 
14 Oct 2004
11
The New Dismissal, Disciplinary and Grievance Procedures
The Employment Act 2002 (Dispute Resolution) Regulations 2004
UK
 
14 Oct 2004
12
Dunnachie Overturned –Tribunals May Award Compensation for Distress in Unfair Dismissal Claims
In the much debated and controversial decision of the House of Lords in Johnson v Unisys (reported in ELR issue 24 summer 2001) comments in Lord Hoffman’s judgment could be interpreted as leaving the way open for Tribunals to award applicants compensation for injury to feelings caused by their dismissa.
UK
 
21 Apr 2004
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