Employment Tribunals Cannot Determine SMP Entitlement In the case of Hair Division v Macmillan, the EAT has found that “Parliament cannot have intended that HMRC’s jurisdiction [where overall responsibility for the administration of SMP has been since 2005] be other than an exclusive one.” In Hair Division, the Employment Tribunal had considered that there was […]
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Discrimination,
Employment Tribunals,
Fitness for Work,
Flexible Working,
General News by Employment Law Clinic
Post created on: November 7th, 2012
Fraser Preferred to Larner When Opportunity for Leave Existed On behalf of Hair Division Ltd, Employment Law Clinic successfully argued that Fraser should be preferred to Larner where the worker had the “opportunity” to take leave during the leave year, even if they had not exercised this right before going on sick leave at the end of […]
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Contracts of Employment,
Employment Tribunals,
Flexible Working,
General News by Employment Law Clinic
Post created on: November 7th, 2012
Chancellor Proposes New Legislation for Employee Shareholders (but not with Employee Rights) In his speech to the Conservative Party Conference today, Chancellor George Osborne announced a new type of employment contract: for thirty bags of silver (or shares of £2,000 – £50,000 that will be exempt from Capital Gains Tax) employees will be able […]
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Contracts of Employment,
Discrimination,
Employment Tribunals,
Flexible Working,
General News,
Laws & Regulations by Employment Law Clinic
Post created on: October 8th, 2012
As envisaged following the Advocate General’s earlier opinion, in a ruling handed down today , the ECJ has confirmed that the Working Time Regulations – or more precisely, the Directive (2003/88) behind them – does not preclude national provisions or practices which limit the carry-over period of annual leave. Previous rulings of the ECJ have […]
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Fitness for Work,
Flexible Working,
General News,
Health & Safety,
Laws & Regulations by Employment Law Clinic
Post created on: November 22nd, 2011
Employment Minister Chris Grayling is in Brussels today, where he will reiterate the UK’s opposition to maternity leave proposals put forward by MEPs last October. If they were adopted, the proposals would provide employees with 20 weeks of maternity leave at full pay, at a cost estimated to be more than £2 billion per year […]
Read moreFiled under:
Flexible Working,
General News,
Laws & Regulations by Employment Law Clinic
Post created on: June 17th, 2011
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