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How Brexit will affect Employment Law

Thursday, 28 July 2016 10:01

Employment Law over the last 45 years has been heavily influenced by EU Legislation.  On 23rd June 2016, the majority voted in a referendum to leave the EU. What are the implications for Employment Law once we have embarked on leaving the EU?

 

Article 50 of the Lisbon Treaty

Tuesday, 26 July 2016 16:56

Article 50 of the Lisbon Treaty prescribes the procedure to be adopted if a member state wishes to leave the European Union. Thus far, no member state has elected to leave the EU. As a result of the referendum carried out on 23rd June 2016 the people of the United Kingdom voted to leave the EU.

Employment Tribunal Fees - Unacceptable Impact on Justice Access

Wednesday, 20 July 2016 10:38

In 2013 the government introduced for the first time fees for a claimant to pay in order to bring a claim in an Employment Tribunal. There are two categories of fees:-

 

Uplift in Compensation on Disciplinary/Grievance Procedures

Monday, 18 July 2016 10:10

There has been an uplift in Compensation Award due to Breach of ACAS Code of Practice on Disciplinary and Grievance Procedures. The Employment Appeal Tribunal found that if an employer dismisses under Section 98(2)(a) of the Employment Rights Act – Capability, they are not bound to follow the ACAS Code of Practice on disciplinary and grievance procedures. This is because a dismissal on a capability ground is not a disciplinary procedure.

 

Migrant Workers – Abuse Not Discriminatory

Thursday, 14 July 2016 10:10

Two Nigerian migrant workers brought proceedings against their employer for a catalogue of abusive behaviour including breaches of the minimum wage. They brought proceedings against their employer for breach of the Equality Act in that they had been discriminated against on the grounds of their nationality.

Twitter – Reputational Damage for Businesses

Tuesday, 12 July 2016 10:02

Social media is an important part of businesses getting their message(s) across to their customers and/or clients, and raising its profile.

Unfair Dismissal – Remedy Reinstatement

Monday, 11 July 2016 13:07

In the vast majority of cases a claimant in an unfair dismissal case will request monetary compensation for the loss of their job. One of the remedies that a claimant can request in the event that they have been found to have been unfairly dismissed is that of reinstatement to their original job.

Non-compete Clauses in Employment Contracts

Thursday, 07 July 2016 13:00

The government has launched a “call for evidence” to look at whether post-termination restrictions in employment contracts act as a barrier to employment innovation and entrepreneurship.

Working Time Regulations: No Entitlement to Injury to Feelings

Tuesday, 05 July 2016 12:58

The Working Time Regulations confirm a number of rights of employees ranging from the right to be paid for holiday to the right to take rest breaks and daily breaks.

Trade Union Act 2016 - The Implications for Employers

Wednesday, 29 June 2016 15:48

The Trade Union Act 2016 came into force on 4th May 2016. The provisions in this act have been watered down considerably. There was widespread political protest about the way in which the bill had originally been framed.

 

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