Explore the realm of protected rights in employment, focussing on safeguarding employee entitlements and ensuring compliance with anti-discrimination laws. This topic is essential for practitioners advocating for fair treatment in the workplace.
This edition of Employment weekly highlights includes: (1) an analysis by Andrew Osborne, Stephen O’Flaherty and Pip Hague of Lewis Silkin on the...
Immigration analysis: The Home Office has published updated sponsor guidance which expands the scope of right to work checks expected of work route...
Law360: A housing provider has lost its application to strike out claims from unionised workers over a blog post from its CEO offering a pay raise to...
Employment analysis: In McMahon v AXA ICAS, the Court of Session (CSIH) held that payments due under a permanent health insurance (PHI) scheme can...
The government has published proposed new benefit and pension rates for 2024 to 2025 including in respect of Statutory Maternity Pay (SMP), Statutory...
ET1 grounds of claim—indirect sex discrimination[Insert in para 8.2 of claim form ET1:]1The Claimant is a woman and the Respondent is [enter details,...
Waiver of noticeEmployers and employees can waive their right to be given notice when their employment relationship comes to an end.Waiving...
Constructive dismissaldismissal of an employee by their employer will typically be at the instigation of the employer. In other words, the employer...
Remedies for breach of working time rightsThere are three situations where workers can bring a claim as an individual for breach of their rights under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833. They are:•where there has been a breach of a worker's WTR 1998 rights•where a worker has
Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an
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