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Searching Content indexed under Employment Litigation/ Tribunals by Barlow Lyde & Gilbert LLP ordered by Published Date Descending.
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1
Be Careful What You Say About Ex-Employees
It is well established following the House of Lords' decision in Spring v Guardian Assurance (1995), that an employer who provides a reference regarding a former employee is under a duty to take reasonable care in making the reference and will be liable to the employee in negligence if the reference is inaccurate and the employee suffers loss as a result.
UK
16 May 2011
2
When Does Contractual Notice Commence?
In the recent case of Wang v University of Keele, the EAT held that, unless the contract provides otherwise, contractual notice, whether it is oral or written, runs from the day after notice is given.
UK
9 May 2011
3
Supreme Court Considers Double Jeopardy In Professional Disciplinary Proceedings
The professional indemnity market will welcome the recent decision of the Supreme Court in R (on the application of Coke-Wallis) v ICAEW, in which the Law Lords upheld the principle of res judicata and prevented the ICAEW, the accountants regulator, from bringing disciplinary proceedings twice in relation to the same misconduct by an accountant.
UK
25 Mar 2011
4
Government Proposes Wide-Ranging Overhaul Of The Employment Tribunal System
The Government yesterday started the consultation process for reforming employment claims. It published an 89-page consultation document setting out its proposals.
UK
31 Jan 2011
5
Contributory Negligence – An Unsung Hero?
When is and when is it not a good idea to argue contributory negligence?
UK
29 Oct 2010
6
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
7
Mesothelioma: Employers’ Liability Trigger Litigation
The judgment of the Court of Appeal in the combined appeals more commonly known as the Employers’ Liability Trigger Litigation was handed down today (8 October) by the Court of Appeal.
UK
12 Oct 2010
8
Justifying a Mandatory Retirement Age
At the moment, employers that retire staff at age 65 do so without fear of unfair dismissal or age discrimination claims, provided that they follow the statutory retirement procedures, which are straightforward and relatively free of pitfalls.
UK
30 Sep 2010
9
Asbestos Update
(Re)insurers will welcome recent clarification in the long-running pleural plaques and Employers' Liability 'Trigger Litigation' cases.
UK
20 Apr 2010
10
Airlines And Employment Rights: How Far Do They Travel?
The Employment Appeal Tribunal (EAT) has handed down its decision in the case of British Airways v Mak.
UK
28 Jan 2010
11
The Pensions Ombudsman Gets Tough
The last year has seen a number of Pensions Ombudsman determinations where trustees have been ordered to reimburse the scheme for a breach of trust.
UK
30 Sep 2009
12
Social Service Claims - A Handy Guide
You probably have all manner of discount and loyalty cards in your wallet or purse. Here is another sheet to put with them
UK
15 Sep 2009
13
The Curious Tale Of The Lord Justices And The Ramp
In Smith, the House of Lords has given guidelines as to the extent of liability imposed on employers under the Provision and Use of Work Equipment Regulations 1998, for defective work equipment which is not owned, or under the immediate control of a defendant employer.
UK
15 Sep 2009
14
Bonus: Can An Employee Bring An Unlawful Deductions Claim?
Under section 23(1) of the Employment Rights Act 1996 ("ERA"), an employee can bring a claim for unlawful deductions in the employment tribunal, but only if the claim is for a quantifiable sum of wages.
UK
14 May 2009
15
Associative Discrimination
In the recent case of Saini v All Saints Haque Centre, Bungay and Paul (2008) the EAT has confirmed that employees can bring claims for religious discrimination based on not just their own religion or belief but based on the religion or belief of a third party, known as "associative discrimination".
UK
14 May 2009
16
Compromise Agreements: Employee´s Breach Causes Windfall For Employer
Compromise agreements, if properly drafted, constitute a valid waiver of statutory and contractual claims that an individual may have against their employer or former employer, in return for almost invariably a cash payment.
UK
14 May 2009
17
Death Of A Helpline?
The well known case of "Hatton (2002) Court of Appeal" was seen by many employers as a blast of common sense from the Court.
UK
6 Apr 2009
18
The Future Of Disciplinary And Grievance Procedures: The New ACAS Code
The new strengthened Acas Code, while being preferable to the ongoing statutory rules, still leaves employers bound by strict procedures.
UK
17 Oct 2008
19
Disability-Related Discrimination - The Comparator Test Revisited?
A recent House of Lords' decision serves to blur the line between the tests for disability-related and direct discrimination.
UK
17 Oct 2008
20
Poachers beware...
When faced with the threat of a large-scale team move, swift action by the employer can help mitigate any potential damage.
UK
17 Oct 2008
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