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Employment Law News for 'Employment Tribunals'

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Most Glaringly Obvious Judgment Ever? S38 Employment Act 2002 Is Clearly A Duck!

A Duck is a Duck – Obviously! If it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck.   But if the legislation says “(b)when the proceedings were begun…”, it’s not just probably, but clearly means “when… begun” – there’s no probably about it.   […]

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Filed under: Contracts of Employment, Employment Tribunals, General News, Laws & Regulations by Employment Law Clinic

Post created on: April 15th, 2019

Overtime Worked should be counted in average pay for holiday pay

Voluntary Overtime Counts in Holiday Pay Calculations… Or at least Sometimes Overtime & “average pay” for holidays has always been a questionable area of employment law: as a worker should not be worse-off financially if they take annual leave, should overtime (voluntary or compulsory) be included in that calculation? Compulsory overtime was settled previously (this […]

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Filed under: Employment Tribunals, General News, Health & Safety, Laws & Regulations by Employment Law Clinic

Post created on: July 31st, 2017

TUPE ELI is limited to s.1 Statement of Particulars, not whether payments are contractual/non-contractual

TUPE Employee Liability Information Employee Payments Don’t have to be Identified as Contractual/Non-Contractual   Employee Liability Information is important information that any employer should ensure they receive before accepting a TUPE transfer. (It’s shocking how often SME employers announce after the event that they didn’t concern themselves to receive this, or that they didn’t check […]

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Filed under: Contracts of Employment, Employment Tribunals, General News, Laws & Regulations by Employment Law Clinic

Post created on: March 31st, 2017

Great Repeal Bill – What Great Confusion can we expect to follow? #Brexit

Great Repeal Bill Impact on Employment Law   Following its notice to leave the EU, the government has now published a White Paper (an indication of legislation it intends to bring forward) to incorporate European law & case law (judgments) directly into UK legislation upon leaving the EU.   The theory is simple: nothing will […]

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Filed under: Employment Tribunals, General News, Laws & Regulations by Employment Law Clinic

Post created on: March 31st, 2017

It used to be ACAS Pre-claim Conciliation; now it’s pre-event conciliation

ACAS Early Conciliation Can Happen Before the Event Under section 18A(1) Employment Tribunals Act 1996, a prospective claimant to an employment tribunal must first contact ACAS. There’s no obligation to actually engage in conciliation, but this formality needs to be satisfied before a relevant claim can be made to an employment tribunal. But can ACAS Early […]

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Filed under: Employment Tribunals, General News, Laws & Regulations by Employment Law Clinic

Post created on: September 17th, 2016

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  • Employment Law News Latest Entries

    • Most Glaringly Obvious Judgment Ever? S38 Employment Act 2002 Is Clearly A Duck!
    • Complicating Employment Laws Even More
    • Overtime Worked should be counted in average pay for holiday pay
    • UK has better than average days paid annual leave in the G20… and the EU #GE2017 #UKemplaw #BankHolidays
    • TUPE ELI is limited to s.1 Statement of Particulars, not whether payments are contractual/non-contractual
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