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Employment

Income tax – injury to feelings

A termination payment made to an employee for ‘injury to feelings’ (in respect of age discrimination) is not taxable.

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Worker – Addison Lee

Another gig-economy case has been decided with, in this instance, the EAT deciding that a cycle courier was a ‘worker’ (and so entitled to paid holiday).

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Notice – start date?

Suppose an employee is sent a letter of dismissal by post. The letter is delivered, but the employee is on holiday and says she did not read it until a later date.

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Damages – Wrotham Park

For the first time, the Supreme Court has looked at the principles surrounding Wrotham Park damages.

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Disability – occupational health

To what extent can an employer simply follow the advice of an occupational health advisor?
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Fixed-termers – discrimination

The Fixed-Term Employees Regs 2002 prohibit discrimination against employees on fixed-term contracts. 
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Pre-employment checks – reference

Most references from former employees are bland and of little consequence. However, there is one particular pitfall to watch out for, in the context of discrimination.
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Pre-employment checks – criminal records

Many employers will require potential employees to disclose details of unspent convictions. Under GDPR, it seems this practice will have to change.
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GDPR – employee notices

Most employers already have privacy notices that are issued to staff setting out how the employer uses electronic information it holds about its staff.
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Pregnancy – actual knowledge

A pregnancy dismissal will be automatically unfair. But, the employer must have ‘actual knowledge’ of the pregnancy at the time it makes the decision to dismiss. 
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Page 7 of 59

Most-read articles

Probate fees – increase delayed
Thursday, 09 May 2019
We reported in the April 2019 edition (p34) on the increase of probate fees which was due to come into effect in April 2019. Read more...
VAT Order – construction services
Thursday, 09 May 2019
The VAT (s55A) (Specified Services and Excepted Supplies) Order 2019 comes into effect in relation to supplies made on or after 1 October 2019. Read more...
Brexit – impact on solicitors
Thursday, 09 May 2019
The Law Society has issued guidance for solicitors on the impact of the postponement of the UK’s departure from the EU. Read more...
RTA claims – no lawyers
Thursday, 09 May 2019
The Gazette reports that the MoJ has issued a consultation as to how to create an IT platform to enable unrepresented litigants to progress their own claim. Read more...
CFAs – no automatic 100% success fee
Thursday, 09 May 2019
In RTA claims, may firms routinely set a 100% success fee and claim the maximum limit of 25% of total damages. Read more...
T’s failure to respond – not a refusal of access
Thursday, 09 May 2019
The UT has held that T’s failure to reply to a letter from L requesting access to the property did not amount to a refusal of access. Read more...
MEES non-domestic rentals – reminder
Thursday, 09 May 2019
The MEES regulations are designed to tackle the least energy efficient properties in England and Wales and the Regs establish a minimum standard of EPC band E for domestic and non-domestic private... Read more...
‘Highway’ – no single meaning
Thursday, 09 May 2019
The SC has recently clarified the meaning of a highway. Read more...
Procedure – divorce
Thursday, 09 May 2019
Divorce practitioners may be particularly interested in the background to a recent case setting out the administrative processes and procedures by which errors in divorce proceedings are picked up... Read more...
EU citizens – right to work checks
Thursday, 09 May 2019
The government has issued guidance on employing EU, EEA and Swiss citizens, and their family members, after Brexit. Read more...

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