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Archives / 2013 / July
  • Employment Tribunal Reforms 2013: what it means for you

    Tags: Employment Tribunals, Employment Law Reforms, Employment Tribunal Fees, ADR, Electronic Hearings, Preliminary Hearings

    Most of you will be aware that from Monday 29 July 2013 the employment tribunal rules will change. Those of you who have ongoing claims and those of you who are due to submit a claim or response are probably asking yourselves whether this affects you.

    Well, the short answer is that it might! I have contacted our local tribunal and have asked them to clarify whether or not pre 29 July claims will have to pay a fee for a final hearing; you will all be relieved to hear that they do not (not least of all that this would be an administrative nightmare to administer)!

    So then what’s new...

    Fees

    For the first time since the tribunals were set up in 1970, employees and employers wishing to pursuing employment disputes in the tribunals will have to pay fees.

    Claims are split into Type A … more

  • Auto-enrolment: Where are we now?

    Tags: The Pensions Act 2008, Auto-enrolment, QWPS

    The Pensions Act 2008, which came into effect on 1 October 2012, for the first time placed a legal duty on employers to enrol most 'Jobholders" (defined as anyone working in Great Britain, between the ages of 16 and 75 who meet the qualifying earnings criteria) into a pension scheme and contribute towards their retirement.  Employer must auto-enrol all Jobholders into a Qualifying Workplace Pension Scheme (QWPS) if they are:

    Over 22 years but below state pension age (please note that workers aged between 16 and 75 can request to be opted in however the employer does not have to have any contributions on their behalf). 

    Earning £9,440 or more for 2013/2014 (£7475 in 2011/12 and £8,105 for 2012/2013). 

    This must be done within 3 months of commencing … more

  • Top 10 Tips to avoiding an Employment Tribunal

    Tags: myHR, Employment Law, Employment Tribunal, Employment Documents

    Sometimes no matter what you do and how far you go towards accommodating a member of staff, a disgruntled individual will bring a tribunal claim against you. The tribunal statistics for the first quarter of 2012/2013 have shown a 15% increase in claims being brought by employees therefore businesses should always take protective measures such as having access to a legal adviser and legal indemnity insurance.

    I have put together this article to assist you in undertaking some precautionary measures to ensure that any unwarranted claim is not successful.

    Top ten tips for avoiding employment tribunal claims:

    Ensure that you have legally compliant employment documentation in place. An employer is under a legal duty to provide an employee with a written statement of employment particulars … more

  • When is indirect age discrimination legal?

    Tags: Employment Tribunals, Discrimination, Indirect Age Discrimination

    Some of you may recall the well-publicised case of Mr Seldon. He was a partner in Clarkson Wright & Jakes solicitors (‘the Firm’) who claimed age discrimination when he was forced to retire at 65 under his partnership agreement.

    The case was last reported in 2012 after the Supreme Court ruling that the case was to be remitted to the Employment Tribunal for it to consider whether the Firm were justified in having a compulsory retirement age of 65 and/or whether another age such as 68 or 70 should have been adopted.

    Last month the Employment Tribunal (ET) has found that the Firm’s aim for (a) retention and planning and (b) collegiality were all legitimate aims, which were proportionately achieved by the firm having in place a mandatory retirement age. Hence their … more

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  • Clearing the Air on Commercial Disputes

    Tags: Commercial Litigation, Commercial Disputes, Contract, Time Limits, Breach of Contract, Court, Remedies, Damages, Specific Performance, Rescission

    Navigating your way through a commercial dispute can be time consuming and stressful. Disruption caused to your business and the impact on managerial time can be costly.

    Commercial disputes are becoming increasingly commonplace, and therefore it is essential that businesses obtain strategic advice as soon as possible in any dispute so that they can minimise the impact on the business.

    Generally speaking, the law takes the view that a contract is formed between parties when one party makes an offer to another who accepts the offer. The parties have to be certain as to the terms of the contract, there has to be an intention to create a contract and there has to be ‘consideration’ i.e. there has to be some value.

    A contract does not need to be in writing or signed for it to … more

    

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