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Employment

Unfair dismissal – incapacity benefit

Can you deduct incapacity benefit when working out the compensatory award (for lost earnings) in an unfair dismissal case?

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Insolvency – NIF

If a company goes into administration and employees are dismissed as a result, or where a company’s assets are liquidated, staff can claim limited sums from the National Insurance Fund:

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Statutory procedures – abolition

The statutory dismissal and grievance procedures are abolished as from 6 April.

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Dismissal – Step 1 letter

The statutory disciplinary procedures require the employer to send a Step 1 letter which ‘sets out in writing the employee’s alleged conduct or characteristics, or other circumstances, which lead him to contemplate dismissing or taking disciplinary action against the employee’.

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DDPs – new ACAS Code

The statutory Disciplinary and Dismissal Procedures are abolished as from 6 April.

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Age – retirement at 65

Are the UK’s age discrimination laws wrong to allow dismissals at age 65? The ECJ has ruled that such a provision can, in principle, be justified as not being against EU law.

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Unfair dismissal – final salary pension

Being part of a final salary pension scheme is a valuable benefit, and can be a source of compensation in an unfair dismissal award. That will be so even if the employee gets a new job, at a higher rate of pay.

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Discrimination – ‘harassment’

’Harassment’ has a different meaning under the discrimination laws than it does under Protection from Harassment Act 1997. As far as discrimination is concerned, we now have a unified definition from the EAT that applies across all areas of discrimination law.

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Termination – effective date

When working out the three-month time limit for unfair dismissal claims, it is important to remember that time runs from the effective date of termination (EDT).

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Sickness – cosmetic surgery

Cosmetic surgery is often described as ‘elective surgery’, in that it is a voluntary act. But, is an employee entitled to take time off for such voluntary surgery as ‘sickness’?

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Proprietary estoppel is a remedy which prevents the legal owner of a property from asserting their strict legal right in relation to that property when it would be unconscionable to allow him to do... Read more...
Children – care plans
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What is the court’s approach where there is an impasse with the LA regarding an important element in a care plan? In this case, the CA found that the trial judge’s invitation to the LA to... Read more...
ET fees – £16m still owing
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