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Can employers insist staff sign a 48 hour opt-out

An employee can choose to opt out of the maximum 48 hour average working week stipulated by the Working Time Regulations. Each employee also has the right not to be subjected to any detriment for doing so. So, what happens… Read on

When holiday entitlement can’t be carried over

When it comes to holiday entitlement the ‘use it or lose it’ rule has long been understood. Recent cases have challenged this approach and in 2009 a European Court decision held that an employee who was on sick leave during… Read on

Not possible to retract a mistaken dismissal

In this recent case, the employer (CF Capital plc) had discussed with Miss Willoughby (their employee) the possibility of changing her employment to a self-employed role, to avoid redundancy. Miss Willoughby requested more information, but CF Capital thought she had… Read on

Springhouse expands to Portsmouth

Springhouse is expanding. We will shortly be opening new office facilities in Portsmouth’s 1000 Lakeside complex. Managing Director Ben Power says We hope our local clients will be as delighted as we are that we will have a physical presence… Read on

Individual liable for employers discrimination rewards

It should be well known that discrimination claims can be brought against individuals as well as companies, and that financial liability is unlimited. However Tribunals have usually divided up compensation where both are employers and employees are liable. This usually… Read on

Is self-dismissal possible?

In January 2005, lorry driver Mr Zulhayir had a serious accident at work which left him unable to do his job. In June 2006, his employer, J J Food Services Limited, stopped receiving sick notes. They wrote to him saying… Read on

Residential to own-home care: TUPE does not apply

When Hillside House, a residential care home for vulnerable adults was closed, and residents re-housed into their own homes, 12 of Hillside’s former care workers brought Employment Tribunal claims for unfair dismissal and various salary related payments. The Employment Appeal… Read on

Childrens home liable for race harassment by child

Child A, who was at the children’s home run by Sheffield City Council where social worker Mr Norouzi worked, was regularly offensive to him on racial grounds. She had told him to go back to his own country, stated that… Read on

Ban on cornrows race, but not sex, discrimination

St Gregory’s Catholic Science College had banned boys from wearing their hair in cornrows, but not girls. They argued, at the High Court, that this did not discriminate against African-Caribbean pupils because the wearing of cornrows was not of exceptional… Read on

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