July, 2013 | Employment Blawg (AKA LabourBlawg)

July 2013

When does a dismissal become automatically unfair?

July 30, 2013

To bring an unfair dismissal claim against their former employer, an individual must: actually be an employee (as opposed to “worker”); have been dismissed (as defined by s.95 of the Employment Rights Act 1996); if hired before 6 April 2012 have 1 year’s continuous service; if hired on or after 6 April 2012 have 2 […]

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An Employer’s Guide: Understanding Redundancy

July 29, 2013

(Employment Law in Australia & generally) All employees are covered by the redundancy provisions of the national employment standards, and this includes high income employees. If a redundancy occurs, the employer needs to consider two matters: •    are they abolishing the role or •    are they dividing the work of the role amongst others at […]

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Do you know your Employment Law rights?

July 27, 2013

All companies need to know what their obligations are when it comes to employment law and without the right knowledge on these matters, employers can and have found themselves embroiled in legal battles. Employment law is in place to protect both employers and employees, and if is treated with respect and adhered to, workplaces stand […]

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Common causes of asbestos related disease at work

July 26, 2013

The causes of asbestos related disease at work have reduced markedly since it was made illegal to mine, manufacture or use the material at the end of the last century. This legal ban came into force for both crocidolite (blue) asbestos and brown asbestos in 1985 and for chrysotile (white) asbestos in 1999. Prior to […]

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Exposition of the National Labor Relations Act

July 25, 2013

The National Labor Relations Act (NLRA), also known as the Wagner Act, was in enacted in 1935 as a response to employer hostility toward union members and supporters.  It gives employees the right to form unions and to join unions.  It also requires employers to bargain collectively with unions.  The National Labor Relations Board (NLRB) […]

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CJEU rules in favour of a static approach in Alemo-Herron v Parkwood Leisure Ltd

July 21, 2013

The Court of Justice of the European Union (‘CJEU’) has held that post-transfer changes to collective agreements should not bind a transferee following a Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI/2006/246) (‘TUPE’) transfer, where the transferee cannot participate in the negotiation process. In other words, a ‘static’ approach applies. The issue of whether […]

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Female banker makes “bunga bunga” Employment Tribunal claim

July 17, 2013

A female banker has made an Employment Tribunal claim after claiming that she was subjected to discrimination at the firm that she worked for. Ms Isabel Sitz claims that she was subjected to discrimination in the workplace and that she was forced out of her job last year by the racist and sexist culture at […]

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Police force heavily fined after death of officer

July 17, 2013

A police force and a police officer have been prosecuted and fined after a fellow police officer was killed in training in 2008. The court case came about after PC Ian Terry, 32, was killed by a colleague during a firearms training session in Manchester after a number of health and safety failings. The incident […]

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Cambridge businessman wins £3.4 million payout from Employment Tribunal claim

July 10, 2013

A Cambridge-based businessman has been awarded £3.4 million by the Employment Tribunal after it was found that he had been dismissed because he had blown the whistle on illicit practices. Medical Marketing International (“MMI”) was set up in 1988 by Margaret Best. Mr David Best (Mrs Best’s husband), 63, was chairman and managing director  of Medical […]

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£25m pay-offs to BBC staff described as “fundamental failure” by BBC Trust

July 10, 2013

The BBC Trust has heavily criticized the BBC after it was revealed in a report that the organisation had been paying more than it was contractually obliged to former staff. The criticism came after a National Audit Office report was released last week which uncovered “huge payments” to former BBC staff who had been made […]

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