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IMHRPlus News

Review of tribunal fees: latest second judicial review date set for UNISON

As our readers will be aware, earlier this year, UNISON’s first challenge of the employment tribunal fees regime was dismissed. The challenge had been brought on the basis that fees deny access to justice for claimants.

Latest Tribunal statistics reveal 71% fall

The Ministry of Justice has released the latest statistics for the number of employment tribunals between April and June 2014.

TUPE: “organised groupings” of employees

When engaging or changing contractors or bringing services in-house, employers are often faced with the difficult task of establishing which employees will transfer under TUPE, particularly where employees work on a number of different contracts where some of which will transfer, some will not.

Are employees based abroad but working in GB protected by British employment law?

Many foreign businesses have employees working across a number of countries including Great Britain, splitting their time accordingly.

Enhanced rates of Maternity and Paternity Pay - paying mothers and fathers equally?

Many employers choose to pay their employees an enhanced rate of maternity/paternity pay, that is a contractual rate over and above their statutory entitlement.

1 October 2014: a summary of this autumn’s changes in Employment legislation

From 1 October 2014, a number of changes to employment will take effect.

Can the Defence of Illegality Operate to Defend Complaints of Discrimination?

In the case of Hounga v Allen the Supreme Court set out to determine whether Miss Hounga, as an illegal immigrant without permission to work in the UK, was prevented from bringing a tribunal complaint.

Employers are reminded of the importance of carefully drafted post-employment restrictions

It is well established that only those restrictions which go no further than is necessary to reasonably protect a legitimate business interest of the employer will be enforceable. The drafting of such clauses is key, and often the subject of close scrutiny by Courts where disputes arise.

What is working time? The “on-call” debate continues…

Under the Working Time Regulations 1998 (“WTR”), “working time” is defined as any period where a worker is “working, carrying out his duties and at the employer’s disposal”. Case law on the issue of “on-call” working, has determined that “working time” includes:

Duty to make reasonable adjustments and the redundancy process

A recent case has reminded employers of the need to consider and make reasonable adjustments during redundancy procedures.

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