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Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
The Outer House of the Court of Session in Scotland last week, in the case of Vaickuviene and others v J Sainsbury plc [2012] CSOH 69, decided to allow a claim against Sainsbury’s, brought by the family of one of their employees murdered by a colleague, to proceed to a full hearing. The family is basing their claim on the UK-wide Protection from Harassment Act 1997 (PHA 1997) and so has implications that could stretch across both sides of the border.
The Supreme Court has today handed down its long awaited decision in Seldon v Clarkson Wright & Jakes relating to whether employers can be compulsorily retired at a given age. The case is of huge importance to all businesses as it tackles the thorny issue as to whether to retain a compulsory retirement age and, if so, whether it should be 65 or any other age.
In an unusual case, Gabriel v Peninsula Business Services, the Employment Appeal Tribunal (EAT) has held that, in the absence of TUPE, the employment of an employee cannot be transferred from one employer to another without the employee’s consent.
Each year, April is always a time for change in employment law, and this year the changes are particularly significant.. Tomorrow, 6 April, sees some significant procedural changes and amendments in the employment tribunals and also changes to unfair dismissal law and a much needed clarification to the Equality Act.
The Government has signalled its intent to turn over a new employment law leaf in 2012 by introducing some radical alterations to current employment law. Many of the proposals are as yet just that, proposals, with no details as to how the changes will operate in practice.
Jemma Brimblecombe
Charles Richardson
Oliver Oldman
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