Ali v Petroleum Company of Trinidad and Tobago

Hello and welcome back to your weekly case law update. Last week we looked at disability discrimination. This week we look at whether an express term in a contract of employment can be subject to a ‘limiting’ implied term. The interesting decision in this case by the Privy Council (on appeal from Trinidad and Tobago [...]

Autumn Statement – Employee Shareholder Status tax exemption stopped

Introduced by the Coalition in 2012, Employee Shareholder Status allowed companies to make highly skilled employees – or any employee - a shareholder. For at least £2,000 worth of shares, which were both income tax and capital gains tax exempt, the employee would give up some employment rights, including unfair dismissal rights, the right to [...]

Moorthy v Revenue & Customs – How should the first £30,000 of settlement sums be treated if the employee has already received redundancy pay?

This tax case asks whether the £30,000 tax free exemption on settlement agreement sums is applicable if the employee has already received redundancy pay? Mr Moorthy, the Claimant, was made redundant by Jacobs Engineering Ltd. He received £10,000 in statutory redundancy pay but then bought unfair and age discrimination claims against Jacobs. The claims were [...]

Living wage – Government minister grasses up cleaners

Cleaners who work for the Foreign Office have been put on disciplinary action after a letter they went to Foreign Secretary, Phillip Hammond was forwarded to their employer, Interserve. The letter signed by 14 cleaners requested that their low pay be raised to the living wage which is calculated at £9.15 in London. They then [...]

Top Gear Saga – Restrictive covenants cast doubt on rival show

Following on from our previous piece  about the Top Gear steak-gate controversy, a recent article in the Telegraph has suggested Jeremy Clarkson, James May and Richard (not a real hamster) “The Hamster” Hammond have been unable to set up a rival show on ITV due to restrictive covenants in their previous contract. It seems that [...]

Collective Redundancy – Woolies verdict

A recent European Court of Justice judgement, regarding the former high street stalwart Woolies, has outlined the rules regarding collective redundancy consultation. After the firm went into administration in 2008, all staff were made redundant and all 815 stores closed. Four years later, 24,000 former staff of Woolworths were awarded 60 days’ pay as compensation [...]

Living Wage – A headache for employers?

The living wage has been something of a hot topic in recent months and this is unlikely to change as the election race heats up. For those of you who don’t know, the living wage is the amount of money an adult person needs to earn in order to cover the cost of living. Currently [...]

Maximum Unfair Dismissal Award & Redundancy Pay/Basic Award Increase

With effect from 6 April 2014, the maximum unfair dismissal compensatory award will increase from £74,200 to £76,574. Should employers lose sleep? Not really - the 29 July 2013 cap of a year's pay still applies to those who earn less than £76,574 per year which means the change will only affect claims made by [...]