Issue 1 - 17 January 2006

Tuesday 17 January 2006

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Court cases

Statutory procedures

Shergold v Fieldway Medical Centre UKEAT/0487/05/ZT

In order to comply with requirements of the standard grievance procedure under s32 and Schedule 2 Employment Act 2002 the general nature of the written grievance only needs to be substantially the same as the content of subsequent proceedings. It does not have to mention the Act or the company's grievance procedures.

Discrimination compensation

Hardy & Hansons v Lax UKEAT/0700/04/SM

The EAT stated that the recently published EOR Guide to Compensation is a useful document if used with caution but representatives should obtain copies of the decisions to be relied upon before Tribunals rather than simply to producing the guide itself.

Mutuality of obligations

Cotswold Developments Construction Ltd v Williams UKEAT/0457/05

Although mutuality of obligation is necessary for a worker's contract, is it not necessarily the obligations on the employer to provide work and on the worker to perform it, as required for a contract of employment. The focus in the statutory definition of worker is on the nature of the obligation upon the worker. All that is necessary of the employer is an obligation sufficient to ensure a contractual relationship.

Legislation

 

New compensation limits from 1 February 2006

The Employment Rights (Increase of Limits) Order 2005 SI 2005/3352 increases, from 1 February 2006, the limits applying to certain awards of Employment Tribunals, and other amounts payable under employment legislation. Uprated limits include: a week's pay £290; maximum compensatory award for unfair dismissal £58,400; minimum basic award for certain dismissals (such as health and safety) £4,000.

Limits previously in force are preserved in relation to cases where the relevant event was before 1 February. For further information click here .

Employment law seminars

The team will delivering a one-day seminar entitled 'Employment law update' in Exeter on 21st March 2006. Topics covered include recent cases and legislation in discrimination, tribunal procedure and employment status. For further details click here .

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