| Effective date of termination was when employee read dismissal letter |
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| In the case of Gisda Cyf v Barratt [2009] EWCA Civ 648 the Court of Appeal upheld Tribunal and EAT decisions that the "effective date of termination" was the date on which the employee read the letter informing her of her dismissal. It was not the date on which the letter was delivered, as it was not considered fair that a person could be dismissed, and time begin to run against them, before they actually knew their fate. |
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| Equal pay claim must be brought within 6 months of TUPE transfer |
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| In Gutridge and others v Sodexo Ltd and another [2009] EWCA Civ 729, the Court of Appeal upheld a decision of the EAT that an equal pay claim in respect of a period pre-dating a TUPE transfer had to be brought against the transferee within 6 months of the transfer date. It also held that, if the claim was successful, the transferee would have continuing liability to pay the Claimant the same as his or her comparator after the Transfer, even when the comparator did not transfer.
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| Equality Bill completes Committee stage |
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| The Equality Bill 2008-09, which is intended to consolidate all discrimination and equality legislation into a single statute, completed its committee stage in the House of Commons on 7 July 2009. Relatively few amendments were made to the Bill, the most notable being the introduction of a new clause dealing with multiple discrimination, and changes to the definition of pregnancy and maternity discrimination. |
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| New BIS Guidance on TUPE |
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| The Department for Business Innovation & Skills (BIS) has published"Employment Rights on the transfer of an undertaking (June 2009)," a new guide, about TUPE. This replaces the March 2007 version and reflects the changes to the disciplinary and grievance employee liability information which have arisen following the repeal of the statutory dispute resolution procedures. Please click on the link below to view the Guide. |
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| CBI urges adoption of alternative to job losses |
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| The CBI is urging the Government to adopt an 'alternative to redundancy' scheme, which it claims will stem rising unemployment. The plan is aimed at companies who have held off making redundancies, but are starting to run out of money to pay wages.
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| Government to review retirement age in 2010 |
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| The Government has launched a strategy document, "Building a society for all ages" which announces, amongst other things, that the review of the default retirement age, previously scheduled for 2011, will be moved forward to 2010. |
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