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Archive for July, 2007

Proposals for a Single Equality Act

The Government has been talking about it for what seems like forever, but finally we have the consultation paper on the Single Equality Act – one act to deal with all strands of discrimination thereby, in theory, simplifying the current discrimination legislation.
The legislation is intended to create a clearer and more accessible framework to replace [...]

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Inheritance tax - the Revenue seeks to attack tax planning in wills.

The Phizackerly case, widely reported in the press, concerned the liability to inheritance tax in relation to a particular estate. HM Revenue & Customs sought to recover inheritance tax (IHT) from an estate where commonly used tax planning measures had been incorporated by a couple in their wills. Although the Revenue won, the application of [...]

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Age discrimination and job applicants - another minefield

Many employers have yet to get to grips with the new age discrimination rules introduced in October 2006. A recent case from Ireland, where age discrimination laws have been in force for some time, illustrates the potential problems.Mr Cunningham attended an interview with an employment agency. He was asked to complete a registration form that [...]

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The right to the ’same job’ after maternity can mean a similar job

After maternity leave, employees are usually entitled to return to the ’same job’ held prior to maternity leave. A recent Employment Appeal Tribunal (EAT) decision has provided clarification of what constitutes the ’same job’. The case concerned a teacher in a primary school who was, before her maternity leave, responsible for a reception class. It [...]

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Management and staff costs successfully claimed in litigation in the UK

The decision of the Court of Appeal in Aerospace Publishing Ltd -v- Thames Water Utilities Ltd [2007] EWCA Civ 3 has provided helpful clarification as to the recoverability of the costs of management and staff time in litigation and the requirements to be met to do so. Key requirements to be proved are that a) [...]

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