Browse queries by topic
Recent queries
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Does discrimination because of pregnancy always amount to a fundamental breach of contract?
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Will recovery of an overpayment of salary be taken into account for the purposes of the NMW?
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Can an offer of suitable alternative employment be conditional?
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Can action be taken against an employee who is warned to monitor and manage their disability but fails to do so?
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Can notice of redundancy be revoked?
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Do you have any precedent wording for dealing with share option issues in a compromise agreement?
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Does an employer need elected employee representatives in order to consult under TUPE?
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Is a single payment made for two reasons (redundancy and to ensure an orderly hand-over) taxable as a termination payment?
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Can an employment tribunal enforce a contractual PILON and is the award gross or net?
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Is a domestic worker entitled to a payslip?
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What is the rate of interest on unpaid employment tribunal awards?
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What is the effect of successful mitigation on a claim to the Redundancy Payments Office?
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Is it possible that the work done by a seconded individual could give rise to a TUPE transfer?
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How will auto-enrolment affect employment agencies?
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Is there a qualifying period for those who opt out of Sunday working to enforce their rights?
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Will a gross misconduct dismissal be justified where an employee sent confidential information to their personal e-mail account?
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Are there any cases on failure to provide employee liability information?
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How much accrued holiday can a worker carry over in light of the ECJ decision in Schulte?
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Are female-related health issues deemed to be a disability?
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Does the notice period have to be the same for employer and employee?
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Where redundancies are made following a cross-border TUPE transfer, which redundancy laws apply to the employees, those of the transferor or transferee?
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For how long should a disabled employee be placed on a redeployment register before dismissal is considered?
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Can a tribunal hear a claim for failure to pay enhanced maternity pay?
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Why does 'Error! Reference not found' appear in standard documents?
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If a payment under a compromise agreement is repaid as a result of breach, will HMRC repay the tax deducted?
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Can an employer provide accommodation rather than a pension?
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Is a transferee obliged to offer a benefit even though employee doesn't use the benefit at the time of transfer?
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Could a nanny fall under the definition of domestic servant under the WTR 1998?
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When did the 2012 rates of SMP, SPP and SAP take effect?
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Does an employee have an obligation to disclose their disability to a potential employer?
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Why must a personal injury claim be expressly pleaded in the claim form for discriminatory compensation?
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Should an agency worker's grievance be investigated by the agency or the end-user client?
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Can the same person investigate and decide the outcome of an employee's grievance?
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How can I recover a company car from an ex-employee?
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Can an express contractual provision for commission be varied by implied consent?
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Can employer test employee for drugs and alcohol following a period of absence due to dependency?
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Does TUPE transfer the right to take time off between Christmas and the New Year?
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What is the scope of damages-based agreements?
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What are the rights of employees who have entered into agreements waiving their right to bring contractual claims?
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Should an employee who is to become a fixed-profit member of an LLP enter into a compromise agreement?
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Is it tax efficient to sacrifice salary for the payment of school fees?
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My client has a potential breach of contract claim arising out of his counterpart’s failure to pay various sums due to him. When does the 6 year limitation period under s.5 Limitation Act run from?
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What is a parent company employer's liability for discriminatory acts by its subsidiary?
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What is the legal status of a 'lifetime volunteer'?
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Should Horwood v Lincolnshire County Council be contrasted with Chelmsford College Corporation v Teal?
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Does PLC have a precedent non-contentious business agreement?
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Does res judicata apply where a claim in an employment tribunal is rejected because it has been brought in the wrong jurisdiction?
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Employer has mistakenly paid employee 10% commission instead of 5%. Any problems with reverting back to 5%?
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Can an Acas uplift be requested despite not having been pleaded at the outset of the case in the ET1 claim form?
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Can the employer impose changes to the contract at the same time as granting a flexible working request?
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Can TUPE apply to a pre-pack sale?
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Does an employee continue to accrue annual leave whilst taking annual leave?
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Are you aware of any case law clarifying the position of grievances from ex-employees?
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Can a managed service contractor be classified as a temporary work agency?
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Do you have any examples of awards made under section 163(5) of ERA 1996?
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Can we revoke the compromise agreement that was signed in relation to an employee's previous role?
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Could a breach of the statutory provision in Reg 10(3) of the MPL Regs give rise to a discrimination claim?
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Are employees on a career break entitled to statutory holiday?
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Do you know of case law which argues that a unilateral withdrawal of private medical insurance is unlawful?
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When is the release or write-off of a loan to an employee taxed?
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Can engaging an independent contractor to carry out services of transferred employees constitute an ETO reason for redundancies?
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Can you bring a free-standing human rights claim in the employment tribunal?
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Should we apportion part of the termination payment towards legal fees?
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Should employee on maternity leave be taken out of redundancy situation and have one of the remaining jobs earmarked for her?
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What is the position if the respondent has disclosed privileged documents directly to the claimant as part of a DSAR request?
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A pregnant employee is ill with pregnancy-related illness from start of the pregnancy: is OML triggered automatically?
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Does an employer have to take notice period into account when calculating employee's one year service?
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Can we deny the request of a dismissed employee who has appealed and is asking for disciplinary notes of a fellow employee to be disclosed?
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What happens to an employee's employment if they enter a witness protection programme?
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Do you think the Haberdashers Boys School judgment is consistent with other judgments and your practice note?
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Do you have standard non-solicitation and non-compete clauses for a contractor?
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How do we identify mental health and capacity issues in a contract without contravening disability discrimination legislation?
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Should holiday pay include overtime pay?
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What should an employee do if an employer refuses to pay SSP?
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When should a compromise agreement be signed?
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Does there have to be a ballot in respect of each trade dispute?
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When an employer purports to terminate a fixed-term contract during the fixed term, is the notice effective?
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Can a lenient disciplinary penalty be increased to dismissal on appeal?
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Are photocopies of employment contract variations for salary sacrifice sufficient?
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Can an employee use estoppel to resist recovery of an overpayment of wages on grounds of unfairness if they are still employed?
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Is a mistaken overpayment of wages excluded from the unlawful deductions regime?
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When does a disabled child have to be born or adopted in order for the parent to qualify for parental leave?
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Does a compromise agreement have to be signed in the presence of a solicitor?
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Should we treat a resignation letter which complains about unfair treatment as a grievance?
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Is a failure to take on an apprentice post-apprenticeship a dismissal under ERA 1996?
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When will an individual not be an agency worker for the purposes of the AWR 2010?
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Should P45s be issued on a TUPE transfer?
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When an employee's misconduct is discovered a year after the event, are there any limitations on sanctions we can impose?
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Can we require modern apprentices to work for us after they have qualified? If so, how?
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Does my client's claim transfer to the transferee?
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If requested, does an employer have to provide a former employee with a copy of their personnel file?
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How can I check whether a piece of legislation is still in force?
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What is the position where an employee occupies property as part of his employment but there is no written agreement and no written contract of employment?
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In a TUPE transfer, under what circumstances can employees be made redundant by the transferor or transferee?
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Does UK law apply to an employee based abroad?
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Who is liable in a claim against an unincorporated association?
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Can a company be liable for an act of discrimination carried out by a contractor against a fellow contractor?
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Could our attempt to seek a medical report on an employee be characterised as discriminatory?
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Does an employee's right to return to work after maternity leave depend upon their length of service?
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How can a respondent require a claimant to explain why their claim is in time?
Featured queries
- TUPE: what can an outgoing supplier do when the customer will not disclose the identity of the incoming supplier?
- Should P45s be issued on a TUPE transfer?
- Is there a qualifying period for those who opt out of Sunday working to enforce their rights?
- Can the same person investigate and decide the outcome of an employee's grievance?
- What is the effect of successful mitigation on a claim to the Redundancy Payments Office?
- How can I recover a company car from an ex-employee?
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