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Discrimination claims and future stigma

A recent decision of the Court of Appeal has potentially widened the circumstances in which an employer could be liable for the future losses of a dismissed employee.
An employment tribunal found that Abbey National plc had discriminated against Mr Chagger on grounds of race when they selected him for redundancy.
The Tribunal held that, despite ‘the [...]

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The Archers and Employment Law - Radio Ga Ga?

Keen listeners of ‘the everyday tale of country folk’ were recently treated to Usha Gupta, the local solicitor, advising Susan Carter on her employment rights.  This arose in the context of the proposal to convert the village shop, which Susan manages, into a community shop run by volunteers.
Putting aside Usha’s conflict of interest - having recently been asked [...]

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New Regulations on Agency Workers

The Government has recently published a consultation paper and draft regulations to implement the EU Agency Workers Directive.  This follows an earlier consultation on the policy considerations and it is therefore likely that the draft Regulations are close to their final form.
Who will be covered?
The Regulations will apply to people finding temporary work through a [...]

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Holiday pay and sickness

A recent judgment of the European Court of Justice has held that a worker who is on sick leave during a period of pre-booked annual leave has the right to reclaim that annual leave and take it at another time, potentially carrying the entitlement over to a subsequent leave year if necessary.
However Several points remain unclear.
The [...]

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Default retirement age of 65 lawful, for now….

The High Court has rejected the long running legal challenge to the current Default Retirement Age (’DRA’) of 65 which was introduced in 2006.
The Court accepted that the Government had proved that having a DRA was based upon a legitimate social policy aim of maintaining confidence in the labour market.  However the Court was less [...]

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