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…is a dangerous time if you’re an American cop in the movies, you’re bound to get hit with a bullet or an internal affairs investigation. In the first instance case of Plewes v Adams Pork Produce Limited (reported by Burges Salmon) the employer’s normal (and contractual) retirement date was the day before the employee’s 65th birthday. The [...] 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 [...] 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 [...] 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 [...] 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 [...] It’s a cynical view that all you do when your company goes bust is put it into administration and buy it back, but would seem to be amply demonstrated by this case. Company goes into administration, administrator has no money for wages so sacks all the staff, then duly sells business back to original owner. Is [...] It’s happened to me metaphorically but never literally: being grabbed by the balls can give you a good constructive dismissal claim, as this funny case shows. The report is so short it also acts as a good swot-sheet for constructive dismissal authorities.
EDIT: Actually, I’ve just remembered an incident where this did happen to me at work. My earlier assurances that my blogging wouldn’t be interrupted by work have been shown to be completely hollow – over two weeks have passed since my last post. And it’s not even as if there’s been nothing to report. Favourite case recently must be Kuzel v Roche Products Ltd which talks of the burden of proof [...] A neat summary of the situation at present: The question of whether a claimant in an unfair dismissal case is or is not an employee within the meaning of the 1996 Act is increasingly litigated before employment tribunals in unfair dismissal cases, particularly those brought by workers on the books of employment agencies. This is not [...] Time for the annual review of financial limits. The two biggies: The cap on a week’s pay when calculating redundancy payments (or the basic award for unfair dismissal) goes up to £330; The maximum compensatory award for unfair dismissal is raised to £63,000. I’m really not sure if the latter should be retained, especially as the corresponding award in discrimination [...] |
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