Near-Fatal Industrial Accident Triggers Health and Safety Appeal

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Many people do dangerous jobs, but employers are required by law to do all in their power to minimise risks, and the consequences of failing to do so can be severe. In one case, an equipment maintenance company was served with an improvement notice under the Health and Safety at Work etc. Act 1974 after […]

17/11/2017 by Malc

Insolvent Airline Not Entitled to Valuable Take-Off and Landing Slots

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In a decision of interest to insolvency practitioners, the High Court has ruled that an insolvent airline is not entitled to be allocated valuable take-off and landing slots, in which there is a thriving secondary market. After the airline had been placed in administration, it continued to assert a right to be allocated slots for […]

16/11/2017 by Malc

The Employment Tribunal Fees Refund Scheme

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Following a four-week pilot scheme, the Employment Tribunal Fees Refund Scheme is now open to anyone who paid fees in respect of an Employment Tribunal or Employment Appeal Tribunal claim after their introduction in July 2013. Those eligible can apply online here. Alternatively, the following forms are available to apply for a refund by post […]

16/11/2017 by Malc

Dental Practice Buyer Wins Six-Figure Damages from Deceitful Sellers

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Just like property buyers, those who purchase businesses are entitled to have their questions honestly answered by the vendors before a price is agreed. In one case where that sadly did not happen, a woman who bought an ill-fated dental practice won the right to damages from the sellers. Before she purchased the practice for […]

14/11/2017 by Malc

Equality Rights – EU Law Takes Priority over UK Legislation

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In a ground-breaking decision that underlined the primacy of European law, the Supreme Court has opened the way for a police officer to appeal against her dismissal to an Employment Tribunal (ET) on disability discrimination grounds. The officer had suffered post-traumatic stress disorder after being assaulted whilst on duty. She was subsequently involved in an […]

13/11/2017 by Malc

Christmas and the Workplace

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Christmas is a busy time for a lot of businesses, with many taking on temporary staff to cope with the extra workload. At the same time, many employees will want to take time off to spend with their family, go on holiday or attend religious services. Employers are wise to plan ahead to cope with […]

10/11/2017 by Malc

Does Your Job Give You Access to Confidential Data? Don’t Be Nosy!

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Your job may give you access to confidential data but the consequences of giving in to nosiness can be severe indeed. In one case, a midwife who took the opportunity to snoop through the files of patients and others over a 14-year period lost her job and was struck off by her professional body.   […]

10/11/2017 by Malc

‘Worker’ Status of Uber Drivers Confirmed in Landmark Case

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In a ground-breaking ruling, the Employment Appeal Tribunal (EAT) has confirmed that drivers for online cab giants Uber are ‘workers’, as defined by the Employment Rights Act 1996, and are thus entitled to a panoply of rights and benefits. In upholding complaints by a number of Uber drivers who plied their trade in London, an […]

10/11/2017 by Malc

Lehman Brothers Europe Collapse Left £7.93 Billion Surplus

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The sight of Lehman Brothers’ employees leaving the office with cardboard boxes in their arms arguably marked the beginning of the 2008 financial crisis. However, as a Court of Appeal ruling made plain, the bank’s European branch did not go bust and, thanks to the tireless work of insolvency professionals, a multi-billion-pound surplus became available […]

08/11/2017 by MrFinch

Employers – Disciplinary Proceedings Require an Open Mind

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Hard-edged opinions are all too easily formed in the heat of disciplinary proceedings, but employers must be careful to stand back and take a balanced approach. In one case in which that did not happen, a senior hospital radiologist won the right to substantial compensation following her unfair dismissal. When facing a disciplinary hearing, the […]

07/11/2017 by MrFinch