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23 Dec 2014

Limit on back pay claims

The Government has introduced legislation to limit all unlawful deduction claims (excluding certain claims for example for SMP, SSP) to 2 years before the ET1 is lodged. This is to deal with the claims for retrospective holiday pay arising out of the recent cases on paid holiday. However, this only comes into effect for claims […]

19 Dec 2014

Is obesity a disability?

The European Courts stopped short of making obesity a “protected characteristic” but it did say that it could meet the definition of a disability if it is an impairment which hinders the employee from performing his role in the same way as his or her colleagues. So somebody who has long-term obesity might be protected […]

20 Nov 2014

Pre-claim conciliation

Achieving settlement more efficiently has been attempted via different means in the last few years, including judicial mediation schemes. Now this month sees the introduction of early conciliation through ACAS before it becomes mandatory in May. Most claims are covered by this new procedure which goes like this: Step 1: before a Claimant can submit […]

14 Nov 2014

Flexible working

As of 30 June 2014 all employees with more than 26 weeks’ service will have the right to request flexible working. To date this right has been limited to those with caring responsibilities so this is a significant widening of the right. It will be interesting to see how this will impact on the existing […]

2 Nov 2014

Immigration corner

The Government is consulting over immigration fees, and in particular whether the migrant workers and those employing them should make an appropriate contribution towards the cost of running the immigration system. Consultation closes 3 December 2013 and it could mean that fees will go up. On New Year’s Day, the restrictions on Romanian and Bulgarian […]

26 Oct 2014

Enhanced redundancy pay for older workers not discriminatory

The Court of Appeal has agreed that a redundancy scheme which paid out on the basis of age banding was not discriminatory because it was objectively justified. The Department of Work and Pensions (DWP) had a scheme where the level of payments increased according to the employee’s age. Miss Lockwood, age 26 at the time, […]