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Compensation Awards: Damages for the manner of dismissal

The Supreme Court ruling in the Edwards and Botham cases may not be as good news for employers as many commentators are suggesting, argues Stephen Levinson ‘The National Industrial Relations Court confirmed that a compensatory award was not intended to cover “injury to pride and feelings” and was limited to economic loss.’Employment contracts are not …
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London Olympics: Getting fit for the Games

Catherine Yallop examines the challenges for employers raised by the 2012 Olympic and Paralympic Games ‘The UK’s hosting of the Games will have a significant impact upon the nation’s businesses, particularly those based in London – and not necessarily a positive one.’This summer, nine million Olympic Games spectators, two million Paralympic Games spectators and almost …
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Unfair Dismissal: Double trouble

The government’s proposal to extend the period of service required to bring an unfair dismissal claim could have a damaging effect on both employers and employees, warn Paul Callaghan and Christopher Cooper Employers may make mistakes or have misgivings after the recruitment of certain employees and should have the flexibility to deal with this easily. …
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Remuneration: A greater say on pay

Nicholas Greenacre and Euan Fergusson examine recent proposals to curb excessive rewards for senior executives. ‘This article examines whether enhancing the role that shareholders play in determining executive pay, and revising the role and make-up of remuneration committees, will succeed in curbing top executives’ pay.’ On 19 September 2011, the Department for Business Innovation & …
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Default Retirement Age: Concerns remain over axed limit

Half of employers believe that the abolition of a fixed retirement age will have a negative impact on their business, reports Paul Griffin According to a research report by employment lawyers at Norton Rose LLP, scrapping the default retirement age (DRA) in the UK could lead to a reduction in opportunities for younger workers. More …
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References: Honesty is the best policy

A Court of Appeal decision has reinforced the principle that employers should not be prevented from providing a negative reference for ex-employees as long as it is true, accurate and fair, explains Sarah Ozanne ‘The duty of care by the ex-employer is to use reasonable care and skill in ensuring the accuracy of any facts …
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Disciplinary Procedures: Suspending judgement

Employers need to think through a decision to suspend an employee and avoid making a knee-jerk reaction, comment Christopher Hitchens and Rachel Ashwood ‘To invoke the power to suspend, the employer must have reasonable grounds for doing so and cannot simply suspend an employee because enquiries are being carried out.’ The practice of suspending an …
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Public Sector Equality Duty: Time to get specific

Sandra Wallace considers what public bodies need to do to comply with the delayed Equality Act 2010 (Specific Duties) Regulations 2011, which came into force in September ‘Having due regard to the need to foster good relations between people who share a relevant protected characteristic and those who do not share it involves having due …
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Discrimination Law: Claims by equity partners

Employment tribunals are increasingly having to resolve discrimination claims brought against partnerships. Suzanne McKie and Laura Bell look at the key issues ‘When seeking to resolve disputes within a partnership structure, it is common to have informal “without-prejudice chats” between partners to keep disputes low-key.’It is fair to say that equity partners are becoming increasingly …
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Varying Terms And Conditions: The route to re-engagement

In light of a recent EAT decision, Lee Rogers looks at how organisations can successfully make changes to workers’ contracts of employment by dismissing and re-employing them ‘An employer would be well advised to embark on a period of consultation with its employees or any recognised trade unions to try and secure their express consent …
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