Financial penalties for employers who lose Employment Tribunal claims

29 April 2014 By Frances McCarthey
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From 6 April 2014, Employment Tribunals have a discretionary power to impose financial penalties on employers who lose claims. If the tribunal concludes that the employer has breached any of the worker’s rights to which the claim relates and the breach has one or more aggravating features, a penalty may be ordered. The penalty is […]

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Author, Marcus Weatherby, Tryvana Ekladious,

Restricted parental rights for surrogate mothers

25 April 2014 By Frances McCarthey
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It has recently been decided by the European Court of Justice (in the case of C-D v S-T C-167/12) that mothers who become a parent through a surrogacy arrangement (even if the mother is the child’s biological mother), are not entitled to paid maternity leave. In this case, the mother was the legal and biological […]

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Author, Joanne Cameron, Marcus Weatherby,

ACAS Early Conciliation – mandatory procedures published

24 April 2014 By Frances McCarthey
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The mandatory ACAS early conciliation procedure became available from 6 April 2014 and must be followed by all claimants who issue a claim (unless one of the very limited exceptions apply) from 6 May 2014. Early conciliation imposes a duty on the parties to engage in settlement discussions before a claim is issued. ACAS will […]

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Author, Joanne Cameron, Marcus Weatherby,

The hidden killer in schools

17 April 2014 By Frances McCarthey
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I’m sending out another plea, to anyone who will listen, for greater knowledge and management of the asbestos threat within our schools. Our children are more at risk and more vulnerable to asbestos and, whilst we cannot do anything about past exposure, we can and must see action to prevent anymore being exposed.  The outcomes […]

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Julie Winn, Marcus Weatherby,

The Right to Strike? The Right to Associate?

9 April 2014 By Frances McCarthey
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Are the UK’s strike laws so stringent that they inhibit the right of freedom of association under Article 11 of the European Convention on Human Rights (ECHR)? The National Union of Rail, Maritime and Transport Workers (RMT) sought to challenge the domestic provisions by claiming such an infringement. UK law bans secondary industrial action, where […]

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Binder Bansel, Employment, Marcus Weatherby,

New Employment Legislation is in…..

9 April 2014 By Frances McCarthey
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Changes to employment tribunal procedure and the usual statutory rate changes came into effect on or after 6 April 2014. Employment tribunals Individuals who wish to bring a claim at an employment tribunal from 6 May will have to inform Acas (Advisory, Conciliation and Arbitration Service). Instead of filling in an ET1 form and sending […]

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Binder Bansel, Employment, Marcus Weatherby,
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