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Employment

In an interesting court case about health and safety at work and the legal liability of employers for health and safety breaches at work, the court heard how an employee was injured when a 50kg sack of basmati rice fell onto the back of his neck. The man’s employer, East End Foods plc, pleaded guilty to failing to take reasonable care of the health and safety of its employees under Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £25,000 with £28,000 costs.

A lesbian soldier has won her claim against the Ministry of Defence for sex discrimination and discrimination on the grounds of sexual orientation which caused her to give up her career in the army.

The Employment Appeal Tribunal (EAT) has handed down a decision which will be of interest to anyone considering selling their business, or a part of their business, to a buyer from abroad.

The Advocate General has handed down his opinion in the case of Attridge Law v Coleman. The case concerns the interpretation of the EU Equal Treatment Framework Directive and its impact on disability discrimination legislation in the UK.

A British Airways (BA) employee, who received widespread publicity when she made a stand against her employer because she was not allowed to wear a silver crucifix at work if the necklace was visible, has lost her claim of religious discrimination at the Employment Tribunal (ET).

Collective Redundancy Consultation – Protective Awards

There are generally strict time limits that apply when presenting a claim for unfair dismissal to the Employment Tribunal (ET). Normally, a claim must be lodged before the end of a three-month period beginning with the effective date of termination. However, where the ET judges that it was not ‘reasonably practicable’ for the complaint to be presented in time, the deadline can be extended.

The Employment Appeal Tribunal (EAT) has ruled (First West Yorkshire Limited t/a First Leeds v Haigh) that where an employee is on long-term sick leave and his pension scheme contains provisions entitling him to an ill health pension on grounds of permanent incapacity, an employer will generally be expected to give consideration to ill health retirement before dismissing the employee for incapacity.

New Immigration System – Rules for Highly Skilled Workers

The Government has announced the rules that will apply to highly skilled foreign workers applying to come to the UK under the new Australian-style points based immigration system (PBS). Underpinning the new system will be a five-tier framework 

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