claims Archives - Goldenleaver
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  Should you be entitled to damages when no loss has been suffered? Sometimes an employee has clients who give their work to an employer only because a particular employee works there, and the employer will lose those clients' custom once the employee leaves. Sometimes that employee has post-termination restrictions that prevent them from still dealing with those loyal clients after leaving, but they continue to deal with them anyway. Strictly speaking, the employer has suffered no loss (because the clients would have gone...

Below is a round up of the changes in employment law we can expect in the next few weeks: Employment tribunals and compensatory awards – The maximum compensatory award will increase from £74,200 to £76,574 (subject to the limit of one year’s pay which has existed since July 2013) in respect of dismissals that take place on or after 6th April 2014. Employment tribunals and a week’s pay – The maximum of a week’s pay increases from £450 to £464 in respect...

Once again, the Employment Appeal Tribunal has managed to issue a judgment that many people think fails to reflect the reality of managing workers in the real world. The judgment deals with who an employer must permit a worker to bring as a companion to a formal disciplinary or grievance hearing. The Employment Rights Act 1999 provides that a worker may ask to bring: a colleague a trade union representative, or a trade union official to such a hearing; and sets out what that companion can...

There is a new limit on the maximum compensatory award for unfair dismissals.   For terminations which fall after Monday, 29th July 2013, the limit of the compensatory award in most types of unfair dismissal claims is now 52 weeks' pay or £74,200 (as at 1st 1 February 2013), whichever is the lower.  The limit remains at £74,200 for terminations on or before 28th July 2013....

On 29th July 2013, the law is changing so that evidence of "pre-termination negotiations" is inadmissible in ordinary unfair dismissal proceedings unless there has been "improper behaviour".   Pre-termination negotiations means any offer made or discussions held, before the termination of the employment in question, with a view to it being terminated on terms agreed between the employer and the employee. The Government’s intention is to give employers greater protection when offering settlement agreements outside the context of litigation. All forms of...

The Ministry of Justice announced this week that the number of claims accepted by the Employment Tribunal service dropped again in 2011:  down by 15% to 186,300 per annum (give or take a few - the Government likes round numbers) and down by 21% on the previous year. Why?  The main reasons may be that the number of multiple claims went down by 19% (but with individual claims dropping only 2%) and that many more claims were resolved by ACAS, or...