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Joseph Simpson

Contributory Fault – Can’t blame the employer for everything!

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Following success at a tribunal most Claimant’s will be awarded a basic and a compensatory award. What employee’s need to be aware of is that their conduct prior to their dismissal might impact on any final award that is given in their favour. The reductions to both the basic award and compensatory award due to … Read more

Swearing in the workplace

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Although swearing in the workplace was often commonplace in what could be viewed as male dominated environments such as construction it has started to migrate to other areas of the working world.Employee’s do need to be careful though as many a company policy on gross misconduct will include swearing within it and so we’d advise … Read more

UNISON set to challenge Employment Tribunal fees

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UNISON have today announced that they are considering applying for a judicial review of the government’s decision to introduce fees for Claimants in the Employment Tribunals. The basis upon which they are seeking to challenge the decision are: (1) on the basis that it is unlawful for Claimants to have to pay fees to exercise … Read more

Companies might be banned from asking about Territorial Army activity

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In plans being drawn up by Philip Hammond, the Defence Secretary, TA reservists could be offered similar rights to those available to pregnant women, in an effort to prevent employment discrimination. Proposals will be published when parliament reconvenes after the summer break to rapidly increase the numbers of the Territorial Army, to essentially replace thousands … Read more

“Zero Hours” employment contracts found not to represent the reality of relationship

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Employers have over recent years, found innumerate ways of benefitting from someone’s work, whilst endeavouring to avoid the rights and responsibilities which come with having an actual “employee”. We have seen contracts for casual workers, as well as “arms-length” relationships with contractors and sub-contractors. One of the most popular recent mechanisms for “taking someone on” … Read more

Case Review: Muslim employee who wore headscarf to work “forced to resign”

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A luggage retailer based in Piccadilly, Central London, forced a Muslim employee to resign after she wore a headscarf to the store which wanted to retain a “trendy image”. Ms Farrah brought a claim for both unfair dismissal and direct discrimination on grounds of religion against her former employer, Global Luggage Co. The claimant originally … Read more

Case Review: Woman wrongly accused of watching porn at work wins £20k unfair dismissal case

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A married churchgoing mother, 50, has won a £20,000 unfair dismissal claim after she was wrongfully accused of watching pornographic material whilst at work. Mrs Buckley had worked as a Finance Manager for a dental laboratory in Oldham, Lancashire for 10 years, but in 2010 was questioned on why she has been looking at hardcore … Read more