News archive: February 2015

  • Posted on February 25, 2015
    In Williams v Leeds United Football Club, Mr Williams, a senior employee was given his notice by reason of redundancy. During his notice period he was summarily dismissed for gross misconduct relating to an email entitled “dirty Leeds” which he had sent to a female employee and two friends over 5 years earlier. The email contained obscene and pornographic material.
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    Posted in: Employment
  • Posted on February 24, 2015
    You may remember the media hype last year around the question of whether obesity constitutes a disability requiring employers to make reasonable adjustments. We blogged about this on 22 July 2014 and again on 29 December 2014. Essentially, the ECJ has agreed with the Advocate General that there is no principle of EU law prohibiting discrimination on grounds of obesity. However, provided conditions are met, it could amount to a disability. Ultimately, its up to the Employment Tribunal to apply the tests in section 6 of the Equality Act 2010 to determine whether the individual is disabled.
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    Posted in: Employment
  • Posted on February 23, 2015
    The Employment Appeal Tribunal has upheld a Tribunal’s decision in Land Registry v Houghton that an employee who had been excluded from a bonus scheme following receipt of a warning for sickness absence had been subjected to discrimination arising from disability under the Equality Act 2010. The exclusion was automatic for all absences, even those which related to an employee’s disability. This meant that disabled employees were treated unfavourably.
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  • Posted on February 20, 2015
    The Court of Appeal has upheld an Employment Tribunal’s finding in the case of Shrestha v Genesis Housing Association Ltd that the employee was fairly dismissed for claiming excessive mileage. The employer’s investigation revealed that the employee had claimed mileage in excess of the AA’s recommended mileage for the particular journeys.
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    Posted in: Employment
  • Posted on February 19, 2015
    The case of Usdaw & Wilson v Woolworths and others known as the Woolworths case has been in the news over the last year and you may be wondering what’s the big deal? This is not the only case to raise the question of the meaning of “establishment” when considering collective redundancies but why is the meaning so important?
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    Posted in: Employment, News
  • Posted on February 13, 2015
    We bring news of the increase to the limit on a week’s pay from £464 to £475 and the limit on compensation for unfair dismissal from £76,574 to £78,335 which will take affect in April. This is the second year running that the increase applies from April, instead of the previous increases in February each year.
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    Posted in: Employment
  • Posted on February 11, 2015
    The Employment Appeal Tribunal has heard the first appeal involving the dismissal of an employee for comments published on his personal Twitter page.
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    Posted in: Employment
  • Posted on February 10, 2015
    The England and Wales Cricket Board has been taken to an employment tribunal for dismissing two cricket umpires under a rule that stops them working beyond the age of 65. The sport’s governing body has defended the sacking of the two umpires on the basis that their reactions would soon be too slow and they would experience difficulty in standing for long periods.
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    Posted in: Employment
  • Posted on February 10, 2015
    The appointment of attorneys in relation to financial affairs is equally relevant to business assets as personal ones. If you’re a company director, partner or sole trader, it’s in your best interests to ensure that you’re protected, if for whatever reason you can’t make decisions. If this happens, you may not be able to form contracts, complete an undertaking already given or take action against a debt. Will not appointing an attorney put your business in a vulnerable position?
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    Posted in: Private Client
  • Posted on February 6, 2015
    The Court of Appeal will set a precedent later this year determining whether or not a trustee in bankruptcy can access an individual's pension to pay off a debt that individual owes. We eagerly await the Court of Appeal’s decision due in the Spring.

    The High Court ruled in December 2014 in the case of Horton v Henry that the court does not have the power to force Mr Henry to withdraw from his un-crystallised pension policies to pay off debts of more than £387,000.
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    Posted in: Law
  • Posted on February 6, 2015
    The Employment Appeal Tribunal has held in Mari v Reuters Limited that an employee who is off sick and in receipt of sick pay may affirm the contract following alleged breaches by her employer by claiming the sick pay.
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    Posted in: Employment
  • Posted on February 5, 2015
    Many people are still under the misapprehension that if they are living with a partner, but not married, that they are financially protected.
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    Posted in: Family
  • Posted on February 4, 2015
    As an employer you will hold personal information about your employees. You have obligations to protect that information under the Data Protection Act 1998 (“the Act”). I have seen an increasing number of enquiries relating to data protection and the consequences of a breach of the Act so I thought what better place to set out the key information for employers to be aware of and the consequences of failing to fulfil their obligations.
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    Posted in: Law

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