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Does giving notice amount to an unambiguous act of resignation from employment?

An employee giving notice does not necessarily amount to an unambiguous act of resignation from employment, the Employment Appeal Tribunal found in East Kent Hospitals University NHS Foundation Trust v Levy.
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Does giving notice amount to an unambiguous act of resignation from employment?

Unfair Dismissal: extending the date of dismissal by the statutory notice period

The recent case of Lancaster & Duke v. Wileman is a useful reminder to employers that terminating an employee's employment in the week before they gain two years' continuous service may still enable an employee to claim that they have the requisite qualifying service to bring a claim for ordinary unfair dismissal.
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Unfair Dismissal: extending the date of dismissal by the statutory notice period

Kilraine v London Borough of Wandsworth [2018]

A recent case has considered the issue of what amounts to a protected disclosure. In Kilraine v. London Borough of Wandsworth [2018], the Court of Appeal guided Employment Tribunals in such cases to focus on determining whether there was a "protected disclosure" and whether the disclosed information, showed or tended to show that one or more of the six specified types of malpractice had taken place or was likely to take place – for example a breach of a legal obligation.
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Kilraine v London Borough of Wandsworth [2018]

Can the menopause constitute a disability?

A recent Employment Tribunal's ruling suggests that the physical and psychological effects of the menopause could constitute a disability for the purposes of the Equality Act 2010 (the 2010 Act) Ms Davies, a court officer for the Scottish Courts and Tribunal Service, had experienced the onset of the menopause resulting in her becoming severely anaemic, stressed and anxious, and experiencing memory loss.
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Can the menopause constitute a disability?

‘Egregiously unfair’ dismissal costs employer £30,000

The employer, Michelin, dismissed their employee who was signed off with stress.
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‘Egregiously unfair’ dismissal costs employer £30,000

Timing and permission to amend an ET1

In the recent case of Galilee v Commissioner of Police for the Metropolis the EAT held that the doctrine of 'relation back', whereby amendments take effect from the date of the original document which it amended, does not apply in the tribunal.
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Timing and permission to amend an ET1

EAT finds you cannot cherry pick from without prejudice conversations

The Employment Appeal Tribunal (EAT), in the recent case of Graham v. Agilitas IT Solutions Ltd. (Agilitas), ruled that an employer cannot rely on parts of a without prejudice conversation held in accordance with s.111A of the Employment Rights Act 1996 (ERA) and/or the "common law" without prejudice rule, whilst at the same time seeking to use the without prejudice rule as a shield in reference to that same conversation. S.111A of the ERA permits discussions between an employer and an employee with a view to terminating employment on agreed terms to remain confidential and inadmissible in proceedings before a tribunal for unfair dismissal.
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EAT finds you cannot cherry pick from without prejudice conversations

Supreme Court rules that embassy staff are not excluded by state immunity

In the recent case of Benkharbouche v. Secretary of State for Foreign & Commonwealth Affairs & Anor the Supreme Court agreed with the EAT and the Court of Appeal and unanimously held that sections 4(2)(b) and 16(1)(a) of the State Immunity Act 1978 (SIA) cannot protect embassies from Employment Tribunal claims brought by domestic staff in the UK.
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Supreme Court rules that embassy staff are not excluded by state immunity

Increase in limits

This week new limits applying to certain awards of employment tribunals, and other amounts payable under employment legislation, have been increased.

The increases apply where the event giving rise to the entitlement to compensation or other payments occurred on or after 6 April 2017. Limits previously in force are preserved in relation to cases where the relevant event was before 6 April 2017.

Key new relevant limits are as follows:

  • Minimum basic award in cases where a dismissal is unfair by virtue of health and safety, employee representative, trade union, or occupational pension trustee reasons: Old limit – £5,853; New limit – £5,970
  • Limit on amount of guarantee payment payable to an employee in respect of any day: Old limit – £26.00; New limit – £27.00
  • Limit on amount of compensatory award for unfair dismissal: Old limit – £78,962; New limit – £80,541
  • Maximum amount of “a week’s pay” for the purpose of calculating a redundancy payment or for various awards including the basic or additional award of compensation for unfair dismissal: Old limit – £479; New limit – £489
Increase in limits

Insight: UK Employment Law Round-up – December 2016

Employment Round Up THUMBNAIL Welcome to the December edition of our employment law round-up. In this edition, we couldn’t fail to give you an update on the most important piece of constitutional litigation of our time, which has been heard by the Supreme Court on Article 50. Other festive treats include a summary of recent restrictive covenants cases (first published on HR-Inform) and unfair dismissal litigation. We have also given you our take on calculating rest breaks for workers, and the dangers of using employees’ personal data unlawfully.

Read the full newsletter here.

Insight: UK Employment Law Round-up – December 2016