November 2013 Archive

Silence, in the face of repeated requests, amounts to a refusal to mediate

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The Court of Appeal in PGF II SA –v- OMES Company I Limited [2013] EWCA CIV 1288 recently looked at the costs penalties that can be applied when a party refuses to mediate. More …

Successfully enforcing restrictions

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Restrictive covenants and garden leave clauses are common features of employment contracts and are aimed at protecting business from departing or departed employees. More …

Are Employment Tribunal fees reducing the number of claims?

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The overall number of Employment Tribunal (ET) claims received in July to September 2013 did not go down by much, according to statistics released by the Ministry of Justice. More …

Recovering costs of adjudication in subsequent litigation (National Museums and Galleries on Merseyside (Trustee of) v AEW Architects and Designers Ltd and another [2013] EWHC 2403 (TCC)

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It has generally been accepted that each party to adjudication bears its own costs, irrespective of the outcome, and that adjudication costs cannot be recoverable, even in subsequent litigation. More …

More generous redundancy pay for older workers was not age discrimination

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Is it unlawful age discrimination if an employee aged 26 receives £17,000 less enhanced redundancy pay than an employee aged 35, when they have both been employed for the same length of time? Not in this case, ruled the Court of Appeal. More …

Changes to employing Bulgarian and Romanian workers

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The transitional controls on free movement adopted by the UK when Bulgaria and Romania joined the European Union in 2007 will end on 1 January 2014. More …

People news - October 2013

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CQC appoints Heads of Hospital Inspections. More …

Flexible working request: Internal appeal 'cured' indirect sex discrimination

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A recent decision by the Employment Appeal Tribunal (EAT) demonstrates the importance of having an effective appeals procedure in place and the potential value of trial periods in relation to flexible working requests. More …