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IMHRPlus News

Caste Discrimination

Readers of our monthly Bulletins will be familiar with the issue of caste discrimination that was covered in April 2013 and most recently when we discussed the introduction of Anti-caste discrimination laws being delayed in Autumn 2013:-

Dangerous snow...how seriously should you take Employee concerns?

It is an interesting situation that arises nearly every year without fail. Snow on the ground makes it dangerous for employees to travel to work, and employers are left deciding how to treat their lack of attendance, and whether employees should be paid in such situations.

The Importance of establishing Implied Contracts

Smith v Carillion raised an important question of whether a contract of employment could be implied between an agency worker and an end-user client.

Employees unfairly dismissed for refusing to accept pay decrease following TUPE transfer

In Hazel v The Manchester College the Court of Appeal recently held that two employees were unfairly dismissed for failing to agree to new terms (including a pay decrease) following a TUPE transfer.

Without Prejudice correspondence: does there need to be an existing dispute?

Where there is an ongoing dispute, oral or written communications made in a genuine attempt to resolve that dispute are generally considered to be "without prejudice", if they are stated to be on such a basis.

The right to be accompanied - a warning to employers

The Employment Appeal Tribunal (EAT) has held that an employer’s refusal to allow one of its employees to be accompanied to a disciplinary hearing was a breach of trust and confidence, following which the Claimant was entitled to resign and claim constructive dismissal.

Employee refuses to serve alcohol due to religious beliefs

In the news before Christmas was the story of a Marks & Spencer employee who refused to serve a customer a bottle of champagne due to his religious beliefs. This article considers the question – to what extent does an employer have to accommodate an individual’s refusal to do a task/role due to their religion or belief?

Presidential Guidance on Employment Tribunal Rules issued

The President of the Employment Tribunals in England and Wales has issued guidance on two important topics: making an application for postponement and default judgment.

Increased penalties for failure to comply with National Minimum Wage

The Government has announced that employers who do not pay their workers the National Minimum Wage (NMW) will, from February 2014, face an increased penalty of up to £20,000.

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