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Articles, tagged with "employment tribunal"

Is it Worth Challenging Your Employer insights from Emilio Botin Banco Santander Central Hispano

30th September 2009
Useful insights into whether challenging your employer is worth pursuing or not are provided by the high-profile legal case Chagger v Abbey National plc & Hopkins (2006), in which the Employment Tribunal found race discrimination and, subsequent to Emilio... Read >
Author: Simon King

Redundancy Dismissal Remedy Reinstatement highlighted by Emilio Botin Abbey Banco Santander Group

28th September 2009
The unfair dismissal remedy of reinstatement is highlighted by the high-profile UK case Chagger v Abbey National plc & Hopkins (2006) where, after finding race discrimination, the Employment Tribunal took the very rare step of issuing a reinstatement orde... Read >
Author: Simon King

Employment Law: Unfair Dismissal - Constructive Dismissal - 'Last Straw'

23rd September 2009
The case of Bell v The Spirit Group Ltd [2005] concerned a claim for unfair and constructive dismissal. The employment tribunal held that a series of acts, by the employer, cumulatively amounted to repudiation of the employee's contract of employment. ... Read >
Author: wbdoyle

Employment Law - Unfair Dismissal - Constructive Dismissal

23rd September 2009
The case of Thornley v Land Securities Trillium Ltd [2005] concerned a claim for unfair and constructive dismissal by an employee who alleged that her employer imposed a new job description on her and she contended that her contract of employment was fund... Read >
Author: wbdoyle

Employment Law: Time Limits for Bringing Employment Tribunal Claims

23rd September 2009
In the case of Chouafi v London United Busways Ltd [2005], the claimant was employed as a bus driver by the defendant company. In October 2003, he was diagnosed with severe depression and was signed off work until February 2004. He was dismissed in Januar... Read >
Author: wbdoyle

Employment Law - Claims - Overseas Worker

23rd September 2009
In the case Saggar v Ministry of Defence [2005] , it was held that an overseas based employee of a British business, who was a UK resident when recruited or at any time during the course of the employee's employment, is entitled to bring a discrimination ... Read >
Author: wbdoyle

Business Operation Management Controls illustrated by Emilio Botin Abbey Santander share price

22nd September 2009
Business operations management control is illustrated by the high-profile case Chagger v Abbey National plc & Hopkins (2006), in which the Employment Tribunal made a finding of unlawful racial discrimination and, after Emilio Botin Abbey Santander banking... Read >
Author: Simon King

Corporate Social Responsibility CSR from Emilio Botin Grupo Santander finance a good citizen

22nd September 2009
The essence of Corporate Social Responsibility CSR is illustrated by the high-profile case Chagger v Abbey National plc & Hopkins (2006), where the Employment Tribunal found unlawful race discrimination and, after Abbey Banco Santander share refused to re... Read >
Author: Simon King

Ethical Behaviour Risk Factors lessons from Emilio Botin Abbey Santander 2009

17th September 2009
Some of the factors that increase the risk of unethical behaviour in organisations are illustrated by the high-profile legal case Chagger v Abbey National plc & Hopkins (2006), in which the Employment Tribunal made a finding of unlawful racial discriminat... Read >
Author: Simon King

Tips for Avoiding the Employment Tribunal Process

16th September 2009
Most people spend a vast majority of their waking time at work, meaning that it's more important than ever to ensure that working relationships run smoothly. Once a dispute arises it can quickly escalate, leaving all involved convinced that an employment ... Read >
Author: Adam Singleton

Business Ethics principles from Emilio Botin Banco Santander Central Hispano Group BSCH

14th September 2009
Some principles central to business ethics are highlighted by the high-profile legal case Chagger v Abbey National plc & Hopkins (2006), where the Employment Tribunal made a finding of race discrimination and, following Abbey Santander banking group's ref... Read >
Author: Simon King

Compliance Risk Lesson from Emilio Botin Abbey Grupo Santander shares price

10th September 2009
The importance of compliance with legal, regulatory, social, ethical and other standards faced by businesses is highlighted by the high-profile UK legal case Chagger v Abbey National plc & Hopkins (2006), where an Employment Tribunal made a ruling of raci... Read >
Author: Simon King

Race Relations Act Questionnaire RR65 demonstrated by Emilio Botin Santander Abbey banking group

08th September 2009
How to use the Race Relations Act Questionnaire RR65, and its importance, are demonstrated by the high-profile UK case Chagger v Abbey National plc & Hopkins (2006), where the Employment Tribunal found race discrimination and, following Emilio Botin Abbey... Read >
Author: Simon King

Compulsory Redundancy Selection Criteria Lessons from Emilio Botin Abbey Santander banking group

07th September 2009
The high-profile UK legal case Chagger v Abbey National plc & Hopkins (2006) demonstrates how selecting an employee for compulsory redundancy based on inappropriate and/or wholly subjective compulsory redundancy selection criteria can expose the employer ... Read >
Author: Simon King

Suing Your Employer Lesson from Emilio Botin Banco Santander Central Hispano Group BSCH

05th September 2009
The intense hardship and stress that you can expect to experience in suing your employer is demonstrated by the high-profile UK legal case Chagger v Abbey National plc & Hopkins (2006), where the Employment Tribunal made a finding of race discrimination, ... Read >
Author: Simon King

Grievances and Court Structure illustrated by Emilio Botin Abbey Santander share

31st August 2009
UK employment disputes grievances and court structure is illustrated by the high-profile Chagger v Abbey National plc & Hopkins (2006) legal case, where the Tribunal made a finding of racial discrimination which led to the record £2.8 million compensatio... Read >
Author: Simon King

Reinstatement demonstrated by Banco Santander Central Hispano BSCH

28th August 2009
Reinstatement, the re-employment of an employee back into the position from which he was unfairly dismissed (as if the unfair dismissal had never taken place), is one possible remedy for unfair dismissal in the UK. It is demonstrated in the high-profile ... Read >
Author: Simon King

Abbey Santander Group advances UK Colour Discrimination Law

20th August 2009
An employee alleging race discrimination on the ground of colour can have a case in UK law, according to the high-profile Chagger v Abbey National plc & Hopkins (2006) legal case, where the Tribunal made a ruling of racial discrimination and ordered Abbey... Read >
Author: Simon King

Grupo Santander price provides Compliance Risk Lesson

04th August 2009
The significance of compliance (and risk of non-compliance) with regulatory, legal and other standards faced by businesses is demonstrated by the high-profile Chagger v Abbey National plc & Hopkins (2006) UK legal case, where the Employment Tribunal made ... Read >
Author: Simon King

Banco Santander price demonstrates the Uphill Battle in Suing Your Employer

03rd August 2009
The uphill battle and intense stress in suing your employer is demonstrated by the high-profile Chagger v Abbey National plc & Hopkins (2006) legal case in the UK, where the Employment Tribunal found race discrimination and subsequently ordered Santander ... Read >
Author: Simon King

Importance of RR65 Race Relations Act Questionnaire demonstrated by Banco Santander Group

31st July 2009
The importance of the Race Relations Act Questionnaire RR65 is highlighted by the high-profile Chagger v Abbey National plc & Hopkins (2006) UK legal case, where the Employment Tribunal made a finding of race discrimination, which subsequently led to the ... Read >
Author: Simon King

Lessons from Banco Santander Group: Good Practices in Equality and Diversity

29th July 2009
Good practices in equality and diversity, recommended by the UK statutory Code of Practice on Racial Policy in Employment, are highlighted by the high-profile Chagger v Abbey National plc & Hopkins (2006) legal case, where the Employment Tribunal found ra... Read >
Author: Simon King

Unfair Dismissal at your workplace because of Racial and Sexual Harassment!

27th July 2009
Unfair dismissal at ones workplace is termination of employment without a warning or citing of constructive reasons. Employees find complaining about unfair dismissal a bit too difficult since most HR laws state that the employee needs to complete atleast... Read >
Author: ironmaidendp

Banco Santander Abbey Group demonstrates Appeal Stages and Court Structure in Employment Disputes

24th July 2009
The appeal stages and court structure in employment disputes in the UK is demonstrated by the high-profile Chagger v Abbey National plc & Hopkins (2006) legal case, where the Employment Tribunal found race discrimination and made the record breaking £2.8... Read >
Author: Simon King

Redundancy Selection Procedure Lessons from the Santander Banking Group

21st July 2009
A stark reminder that selecting an employee for redundancy with an unfair and/or discriminatory redundancy selection procedure can leave the employer exposed to allegations of unfairness and discrimination from the employee is provided by the high-profile... Read >
Author: Simon King

Banco Santander Group illustrates Unfair Dismissal Remedy (Reinstatement)

17th July 2009
Reinstatement, being the re-employment of the employee back into the role he was unfairly dismissed from (as though the dismissal had never occurred), is one possible remedy in the UK for unfair dismissal. In the high-profile case Chagger v Abbey Nationa... Read >
Author: Simon King

Redundancy Selection Criteria Lessons from Abbey National Santander

15th July 2009
The high-profile Chagger v Abbey National plc & Hopkins (2006) UK legal case demonstrates that selecting an employee for redundancy on the basis of inappropriate and/or wholly subjective redundancy selection criteria can leave the employer exposed to and ... Read >
Author: Simon King

Compliance Risk Lessons from Abbey National ( Santander )

07th July 2009
The importance of compliance with legal, regulatory and other standards businesses face is demonstrated by the high-profile Chagger v Abbey National plc & Hopkins (2006) UK legal case. Abbey National (the Spanish-owned UK bank due to be re-branded as San... Read >
Author: Simon King

Suing Your Employer: The Uphill Battle

04th July 2009
The intense struggle employees, who have suffered employment related discrimination, can expect to experience when challenging a powerful employer is somewhat illustrated by the high-profile legal case Chagger v Abbey National plc & Hopkins (2006). The E... Read >
Author: Simon King

Reputational Risk

27th June 2009
In October 2008, Megan Murphy (Law Courts Correspondent at the Financial Times newspaper) reported that Abbey National was fighting a rearguard action against a record £2.8 million race discrimination award made to a former employee. The news report con... Read >
Author: Simon King

Appeal Stages and Court Structure in Employment Disputes

23rd June 2009
The high-profile Chagger v Abbey National plc & Hopkins [2006] legal case, where the Employment Tribunal's verdict of race discrimination led to the record £2.8 million compensation award, is due to be heard by the Court of Appeal next month (July 2009).... Read >
Author: Simon King

Unfair Dismissal Solicitors

12th June 2009
Unfair dismissal is the term used in English, Welsh and Scottish Law to describe an employer's action when terminating an employee’s employment contrary to the requirements of the Employment Rights Act 1996. The concept of Unfair Dismissal therefore has... Read >
Author: maryum

Proving Race Discrimination in Employment

11th June 2009
Direct race discrimination is when an organisation (or an employee of the organisation) treats a person less favourably than someone else on racial grounds. Proving direct race discrimination is not trivial. The burden of proof is on the employee allegin... Read >
Author: Simon King

Liability for Discrimination in Employment

06th June 2009
As well as being liable for their own acts of discrimination, organisations are also vicariously liable for the discriminatory acts of their employees. This is demonstrated by the UK landmark case of Chagger v Abbey National plc & Hopkins [2006] where th... Read >
Author: Simon King

Code of Practice on Racial Discrimination in Employment

01st June 2009
Codes of practice are useful in providing organisations with guidance on appropriate standards of conduct, especially where the appropriate standards are not prescribed by law. The Code of Practice on Racial Policy in Employment provides organisations wi... Read >
Author: Simon King

How to Cope if you Lose Your Job - A Survival Guide to Redundancy

01st June 2009
The dreaded ‘R' word. It's one you hope never to hear. But, worryingly, redundancies have been on the increase ever since the economy took a tumble. The current economic climate has forced many companies to close and put many jobs under threat. Emplo... Read >
Author: MarkeD

Colour Discrimination Employment Law

18th May 2009
Race discrimination law in the UK is covered by the Race Relations Act 1976. The law explicitly forbids discrimination on the grounds of race, ethnic and national origins; however, it does not mention the ground of colour. Although it is difficult to ima... Read >
Author: Simon King

Workplace Dismissal Procedures: The New Regime in England

12th May 2009
The Statutory Dismissal and Grievance Procedures were abolished in England and Wales from the 6th April 2009. From this date, should an employer be contemplating dismissing an employee, then they are now expected to adhere to the new ACAS Code of Practice... Read >
Author: Robert Bell

Unfair Dismissal Remedies: Reinstatement and Reengagement

12th May 2009
Reinstatement and reengagement are remedies for unfair dismissal. They both involve re-employment of the dismissed employee. Reinstatement is re-employment of the employee back into the role he was dismissed from, as if the dismissal had never occurred.... Read >
Author: Simon King

Employment Law Changes in England & Wales - 6th April 2009

11th May 2009
The statutory dismissal & grievance procedures were abolished in England and Wales with effect from the 6th April 2009. In its place, the new ACAS Code of Practice on Disciplinary and Grievance Procedures came into effect. Where employers breach the new p... Read >
Author: wheresthatpenguin

Importance of Race Discrimination Questionnaire RR65

08th May 2009
Employees who believe that they have been racially discriminated against at work and are considering pursuing legal action may serve a race discrimination questionnaire upon the employer. The questionnaire procedure is set out in the Race Relations Act (... Read >
Author: Simon King

Equal Opportunity and Diversity Failures

05th May 2009
There was a time when discriminatory language and behaviour were tolerated and, in some cases, even encouraged in our society. The situation has changed significantly in the last few decades. However, outdated attitudes do still exist, and prejudice and ... Read >
Author: Simon King

Inappropriate Redundancy Selection Criteria

01st May 2009
Employers intending to make redundancies can find themselves exposed to unfair dismissal or, more seriously, discrimination claims if they fail to take proper care in the selection of the specific employees to dismiss. Selecting an employee for redundanc... Read >
Author: Simon King

Workplace Discrimination

27th April 2009
The case of Chagger v Abbey National plc & Hopkins of 2006, where the Employment Tribunal applied the reverse burden of proof provisions of section 54A, the 2003 amendment to the Race Relations Act 1976, and consequently made an unprecedented compensation... Read >
Author: Simon King

Reverse Burden Of Proof in Race Discrimination UK

23rd April 2009
Regarding the issue of race discrimination in the UK, employers must follow fair, objective and rational redundancy procedures lest the capacity to defend against accusations of discrimination is lost. In race discrimination cases the burden of proof is ... Read >
Author: Simon King

How to Make An Employment Claim Under Your Basic Homeowners Insurance Policy

22nd April 2009
If you have had problems at work and you feel that your employer has treated you badly, you may have a valid claim against your employers whereby you can claim compensation. Firstly you should check your basic homeowners insurance policy to see if you ... Read >
Author: Vicki

Some facts to be aware of when part of a employment tribunal

25th June 2008
The Employment Tribunal My advice to managers who want to understand employment law is to spend a day at the Employment Tribunal in Bristol because this is the place where individual employment law disputes are ultimately argued out and resolved. More... Read >
Author: David Harland

Some advice for defending enreasonable employment business claims.

25th June 2008
Defending Unreasonable Employment Tribunal Claims There were 94,450 claims to the Employment Tribunal in the last recorded year including 41,611 claims for unfair dismissal. There is no fee for making the application and the Tribunal will not normally ... Read >
Author: David Harland

Why employers should be thinking Innocent until proven guilty

12th June 2008
The arrest and release of a supermarket employee for the murders of five prostitutes highlights the problems employers face when staff are accused of or suspected of a crime. Is there a duty to keep the job open while that person is under investigation? W... Read >
Author: simon-elliot

Bald Teacher Loses No Win No Fee Claim

29th May 2008
A teacher who has suffered taunts from his pupils as to his bald head hired a lawyer t bring an employment tribunal against his employers. He claimed that the children he taught regularly teased him, calling him baldy. As a result of this, his self est... Read >
Author: Carys Robshaw

Employee Management Advice for Employers

06th February 2008
A business organisation is as good as the way it manages its employees. An employer requires comprehensive policies and procedures to enable the employer to fulfil its obligations towards its employees. Poorly designed policies or poor implementation can ... Read >
Author: Roger

The Employment Tribunal Claims in UK

30th January 2008
The Employment Tribunal is a body that deals with hearing claims related to matters of employment in the UK. Some cases that the Employment Tribunal deals with include unfair dismissals, redundancy payments, wages and other payments. Though the Employment... Read >
Author: Roger

Why the use of an External Consultant Makes Sense

11th July 2007
Employment costs are probably the biggest overhead that any organisation has to cover taking on specialist employees such as Quality Manager, Environmental Manager, Information Security Manager or Internal Auditor are not only hard to find but attract a p... Read >
Author: Chris Eden

Covert recordings of Disciplinary Meetings with an Employer

22nd February 2007
In the recent case of Chairman and Governors of Amweil View School v Mrs C Dogherty UKEAT/0243/06/DA, Mrs. Dogherty who was a teaching assistant at the Amweil View School, covertly recorded her disciplinary hearings and even the private deliberations of h... Read >
Author: Ian Mann

Age Discrimination: 5 Steps To Knowing When An Employee is Unfairly Dismissed By Way Of "Retirement"

27th September 2006
The Employment Equality (Age) Regulations 2006 - SI No 2006/1031 - came into force on 1 October 2006 to protect employees from being dismissed unfairly by reason of their age. The Age Regulations make it unlawful to discriminate against employees, job see... Read >
Author: Ian Mann

Age Discrimination: 5 Steps To Knowing When An Employee is Unfairly Dismissed By Way Of "Retirement"

27th September 2006
Copyright 2006 Ian Mann The Employment Equality (Age) Regulations 2006 - SI No 2006/1031 - came into force on 1 October 2006 to protect employees from being dismissed unfairly by reason of their age. The Age Regulations make it unlawful to discriminate... Read >

Employment Law - Claims - Overseas Worker

26th June 2006
In the case Saggar v Ministry of Defence [2005] , it was held that an overseas based employee of a British business, who was a UK resident when recruited or at any time during the course of the employee's employment, is entitled to bring a discrimination ... Read >
Author: Dr Rosanna Cooper

Employment Law: Time Limits for Bringing Employment Tribunal Claims

26th June 2006
In the case of Chouafi v London United Busways Ltd [2005], the claimant was employed as a bus driver by the defendant company. In October 2003, he was diagnosed with severe depression and was signed off work until February 2004. He was dismissed in Januar... Read >
Author: Dr Rosanna Cooper

Employment Law: Unfair Dismissal - Employer Succeeded in Changing Terms of Employment

26th June 2006
Good News for Employers wishing to change the terms of employment of employees, however, employers must still take care. In Scott & Co v Richardson [2005], the Dependant, Mr Richardson, who worked for a Scottish firm of debt collectors, refused to acce... Read >
Author: Dr Rosanna Cooper

Employment Law - Unfair Dismissal - Constructive Dismissal

26th June 2006
The case of Thornley v Land Securities Trillium Ltd [2005] concerned a claim for unfair and constructive dismissal by an employee who alleged that her employer imposed a new job description on her and she contended that her contract of employment was fund... Read >
Author: Dr Rosanna Cooper

Employment Law: Unfair Dismissal - Constructive Dismissal - 'Last Straw'

26th June 2006
The case of Bell v The Spirit Group Ltd [2005] concerned a claim for unfair and constructive dismissal. The employment tribunal held that a series of acts, by the employer, cumulatively amounted to repudiation of the employee's contract of employment. ... Read >
Author: Dr Rosanna Cooper

Employment Law: Sex Discrimination - Justification - Margin of Discretion

26th June 2006
In the case of Hardys and Hansons plc v Lax [2005] EWCA Civ 846 (Court of Appeal), the appellant employers were brewers who ran a chain of public houses. The respondent was employed by the appellant and subsequently took maternity leave, and during this t... Read >
Author: Dr Rosanna Cooper