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Employment disputes

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  • Type:
    Quick reference

    Time limits for bringing tribunal claims - claims for breach of contract or a sum due under the contract

    A table setting out the time limits for bringing tribunal claims for a breach of contract or a sum due under the contract.

  • Type:
    Employment law cases

    Case round-up

    Richard Ryan, associate, Helen Ward, associate, and Tori O'Neil, trainee solicitor, Addleshaw Goddard, detail the latest rulings.

  • Type:
    Quick reference

    Compensation - detrimental treatment

    A table summarising the compensation payable where an employee has been subjected to detrimental treatment.

  • Date:
    1 April 2010
    Type:
    Employment law cases

    Aziz v First Division Association (FDA)

    The Court of Appeal has held that, where a claimant is alleging that separate incidents form one continuous act for the purposes of extending the normal time limit within which to bring a claim for racial discrimination, a relevant but not conclusive factor is whether the same individuals or different individuals were involved in the separate incidents.

  • Date:
    31 March 2010
    Type:
    Employment law cases

    Taylor v XLN Telecom Ltd and others

    The Employment Appeal Tribunal has held that employees, who successfully claim discrimination, are entitled to be compensated for any injury to health or injury to feelings caused by the act complained of, even if they were unaware that the act complained of was discriminatory.

  • Date:
    30 March 2010
    Type:
    Employment law cases

    Employment status: Agency worker was not protected from discrimination by end user

    In Muschett v HM Prison Service [2010] EWCA Civ 25 CA, the Court of Appeal held that an agency worker had neither a contract of employment nor a contract with the end user personally to carry out work. Accordingly, he could not bring complaints of unfair or wrongful dismissal, or of unlawful discrimination, against the end user.

  • Date:
    24 February 2010
    Type:
    Employment law cases

    Race discrimination: Polkey principle applies to compensation for dismissal

    In Chagger v Abbey National plc and another [2009] EWCA Civ 1202 CA, the Court of Appeal confirmed that employment tribunals should ask a Polkey-type question when considering loss of earnings flowing from a discriminatory dismissal. The Court also ruled that, in appropriate cases, compensation for loss of earnings may include an element of "stigma" loss.

  • Date:
    10 February 2010
    Type:
    Employment law cases

    Employment status: Express contractual terms specifying self-employment did not reflect terms agreed

    In Autoclenz Ltd v Belcher and others [2010] IRLR 70 CA, the Court of Appeal held that a group of car valeters were employees, despite the fact that their written contracts with the valeting company stated that they were independent contractors, and contained clauses allowing "substitution of labour" and the "right to refuse work".

  • Date:
    27 January 2010
    Type:
    Employment law cases

    (1) Duncombe and others (2) Fletcher v Secretary of State for Children, Schools and Families

    The Court of Appeal has held that an employee who was employed under a series of fixed-term contracts and whose contract was terminated could bring a claim of unfair dismissal despite the fact that he was employed to work outside Great Britain. Territorial limitations to unfair dismissal rights should be modified where necessary to enable a right emanating from European law to be enforced.

  • Date:
    26 January 2010
    Type:
    Employment law cases

    Compensation for injury to feelings: EAT increases Vento compensation in line with inflation

    In Da'Bell v NSPCC [2010] IRLR 19 EAT, the EAT has confirmed the increase of the Vento bands for compensation for injury to feelings in discrimination cases in line with inflation.

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HR and legal information and guidance relating to employment disputes.

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