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Five surprisingly good things about the Olympics
A lot has been written about the great work done by the organising staff, volunteers and, of course, the athletes themselves. They well deserve the praise that is coming their way, but I thought I’d write a short post praising, (…) Read the...
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13 Aug 2012 12:29 AM
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Work/Life/Law
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New tribunal rules – the overriding objective and the “sift”
The draft new employment tribunal rules have now been published. These new rules have been prepared by an employment law “dream team”, chaired by the former President of the Employment Appeal Tribunal, Mr Justice Underhill, working with the...
Published
16 Jul 2012 4:20 PM
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Work/Life/Law
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employment law
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employment tribunals
New employment tribunal rules – the Underhill review
Last year, Mr Justice Underhill was commissioned to undertake a fundamental review of the employment tribunal rules of procedure. His report back to the government has been published today. The draft rules have not yet been made public [update: now (…...
Published
11 Jul 2012 11:54 AM
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Work/Life/Law
Filed under:
employment law
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employment tribunals
O’Brien v Ministry of Justice – part-time judges as workers
According to a press notice posted on the Supreme Court website today, the Supreme Court have followed the heavy hint given by the Court of Justice of the European Union and decided that a part-time judge can be a worker. This (…) Read the rest...
Published
9 Jul 2012 10:59 PM
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Work/Life/Law
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employment law
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employment tribunals
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part-time workers
Precedent in the employment tribunal
One of the first things that any student of English law learns is the “doctrine of precedent“, which also applies in many other common law juridictions. At its most basic, this is the idea that junior courts are bound by (…) Read the...
Published
27 Jun 2012 9:46 PM
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Work/Life/Law
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employment law
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employment tribunals
Employment tribunal claims by overseas employees – Simpson v Intralinks
In Simpson v Intralinks, the Employment Appeal Tribunal looked at the question of when an individual employed overseas can bring an employment tribunal claim against a UK-based employer. Lawson v Serco and, most recently, Ravat v Halliburton have considered...
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24 Jun 2012 7:18 PM
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Work/Life/Law
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employment law
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discrimination
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employment tribunals
Changes to collective redundancy consultation
The government has today announced plans to change the rules on collective redundancy consultation. In its response to the previous call for evidence, the government has issued a consultation document setting out proposals to cut the 90-day period for...
Published
21 Jun 2012 12:06 PM
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Work/Life/Law
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Further thoughts on protected conversations
Following this morning’s post, I’ve been giving some more thought to how the new section 111A(5) of the Employment Rights Act 1996 might work. The proposed clause (read together with s111A(1)) is as follows: “(1) In determining any matter...
Published
20 Jun 2012 5:46 PM
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Protected conversations and settlement agreements
The Enterprise and Regulatory Reform Bill was expected to be the vehicle for the government’s promised reform of compromise agreements. As originally presented to Parliament, the only element of the Bill that related to compromise agreements was...
Published
20 Jun 2012 8:12 AM
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Employment tribunals will have the power to order equal pay audits
The Home Office has been busy recently with consultations on the abolition of the Equality Act third party harassment provisions and the employment tribunal’s power to make wide recommendations and discrimination questionnaires. All of this left...
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14 Jun 2012 7:56 PM
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Work/Life/Law
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Equality Act
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Employment law cases in the Supreme Court – Trinity term 2012
The Supreme Court Trinity term starts today, and they have issued a provisional list of hearings for the term (pdf). Employment law cases listed for hearing are: 4 July – O’Brien v Ministry of Justice – the Supreme Court will (…...
Published
11 Jun 2012 10:41 AM
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Work/Life/Law
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Re-engagement orders and judicial review
Orders for re-engagement – that is, a tribunal order that the individual’s former employer should take them back on as an employee – are rare. Even if a re-engagement order is made, there may be all kinds of reasons why (…) Read...
Published
31 May 2012 8:59 AM
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Work/Life/Law
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The Enterprise and Regulatory Reform Bill – podcast
The latest Boyes Turner employment law podcast is on the Enterprise and Regulatory Reform Bill. There’s a full blogpost on the bill here. Read More...
Published
28 May 2012 1:36 PM
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Work/Life/Law
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podcast
Taxation of controlling persons – IR35 part 2
It is proving to be a big week for employment law changes. On the same day as the Enterprise and Regulatory Reform Bill was announced, HMRC started consultation on the taxation of “controlling persons”. Whilst not directly concerning employment...
Published
24 May 2012 1:55 PM
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Work/Life/Law
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employment law
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hmrc
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ir35
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tax
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taxation
The Enterprise and Regulatory Reform Bill
The government have today published the Enterprise and Regulatory Reform Bill (press release here). Sections 7 – 17 and Schedule 2 are relevant to employment law. These are some initial observations from me: Sections 7 – 9, and schedule 2...
Published
23 May 2012 4:45 PM
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Work/Life/Law
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