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Legal news, views, trends and tools for HR Professionals. Stay ahead. Go further

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Archives: February 2015

Leeds United football club score in tactical game of summary dismissal

In Williams v Leeds United Football Club the High Court has found that LUFC were entitled to summarily dismiss Gwyn Williams, a technical director of LUFC, for sending an email containing obscene and pornographic images.

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Uplifting decision from the EAT

In the case of Chawla v Hewlett Packard Ltd, the EAT was asked to apply a 10% uplift to an award for injury to feelings compensation, following the Court of Appeal case of Simmons v  Castle. It declined to do so, holding that the requirement to uplift compensation does not apply to ET litigation as a whole.

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Just rewards?

The EAT has confirmed that automatically excluding workers on a formal attendance warning from a bonus scheme was unfavourable treatment that constituted disability discrimination.

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Having a crisis? Stay disciplined

Effective crisis management requires a forward-thinking and systematic regime. It is almost impossible to predict when and where a future event will occur and so preparation is crucial. It is essential that employers have flexible and workable procedures in place which enable potential risks to be identified at an early stage and can effectively manage an emergency situation.

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Kicking the habit: Latest case on electronic cigarettes

Employers have no doubt found a rise in the number of their employees using electronic cigarettes in the first few months of 2015 with the inevitable New Year resolution to finally ‘kick the habit’.

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The most common mistakes employers make when handling a disciplinary issue

Disciplinary hearings are so important.  Handled well, a disciplinary hearing can be an opportunity to improve an employee’s wayward behaviour or to dismiss them fairly.

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Employment status: receipt of pay is not essential

The Court of Appeal has overturned the EAT’s decision that a director and shareholder, who performed part-time work for a company without pay for at least three years, was an “employee” and a “worker” for the purposes of the Employment Rights Act 1996 (ERA 1996).

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Holiday pay and commission – a quick recap

Last week we spent two days in the Leicester Employment Tribunal whilst the Tribunal re-considered Mr Lock’s claim relating to commission and holiday pay. You may have even seen our tweets, live from the Tribunal itself @DWF_Employment

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Retiring employees?

A recent case has hit the headlines which acts as a reminder to employers of the risks of retaining a compulsory retirement age.

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Establishing the establishment!

Employers may be encouraged by the Advocate General’s opinion issued this morning, but their enthusiasm could be short lived!

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Legal news, views, trends and tools for HR Professionals. Stay ahead. Go further