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Twitter is the social networking phenomenon de jour. I’m on there, see:

http://twitter.com/u_employed

Now I’ve joined and mentioned it to people, I see with a groan that it puts up stats as to how many ‘followers’ I have. Cue months of embarassment caused by lack of friends.

Race Discrimination – Burden of Proof

An odd situation arises from the finding in Oyarce v Cheshire County Council [2008] EWCA Civ 434. In most discrimination cases, all the Claimant need do to prove facts that would, in the absence of an adequate explanation, support his claim. The burden of proof then moves to the Respondent to disprove those facts or [...]

Strike out

Croke v Leeds City Council [2008] UKEAT 0512_07_2905 is a good example of a Tribunal’s decision to strike out (without hearing evidence) a discrimination case which had no reasonable prospect of success being upheld. A strike out is a draconian step for any tribunal to take, as it effectively prevents the Claimant having a full [...]

Suit You

An interesting study bears out what I’ve noticed myself – the suit is in decline in the British workplace. This study, by the Aziz Corporation, surveyed employers for their attitudes towards office dress. Less than one in four offices now require men to wear suits, most opting for a ’smart casual’ approach with suits reserved [...]

Compromise Agreements – subsequent discovery of misconduct

I remember Collidge -v- Freeport plc [2008] EWCA Civ 485 when it was at first instance, dealing as it does with the very common clause found in compromise agreements that:

“Subject to and conditional upon the terms set out below, [Freeport] will pay to you the sum of £445,680 gross as compensation in respect of the termination [...]

Acas consults on draft Code of Practice on discipline and grievance

The Code is intended to come into force in April 2009 at the same time as the abolition of the hated statutory Dispute Resolution procedures, and is currently open for consultation. Acas have taken the tack of having two documents – a Code of Practice, and a document containing wider guidance. The consultation document notes that [...]

TUPE isn’t rocket science

…it’s not exactly straightforward either, but any competent adviser can identify warning signs that mean the issue should be looked at. Say, for example, Mr Bloggs is tired of running Bloggs pharmacy, so he closes it and reaches a financial agreement with the local Londis or Spar or whatever that they’ll plonk a Bloggs Pharmacy at the [...]

Delusional

Everyone’s been laughing it up at this case where a man dismissed from his job as a kitchen porter at a hotel brought an unfair dismissal claim, stating that his dismissal had been orchestrated by Jehovah’s Witnesses. According to the ET:

“The Claimant made repeated references in his claim form to secret video recordings carried out [...]

Blacklist

The National Staff Dismissal Register will be a searchable database of employees who have been dismissed for ‘dishonesty’ or have resigned while dismissal proceedings are ongoing - see the article on Personnel Today. I’m amazed this hasn’t generated more headlines. It’s been developed in consultation with the Information Commissioner’s Office, so one assumes the data protection [...]