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Employment Law Case of the Week
Receptek v Pearce UKEAT/0186/14/LA
Ensure you have reasonable and proper cause to discipline someone before you discuss a settlement agreement with them or risk a finding of unfair constructive dismissal.
The claimant was an Operations Manager in a company employing 5 people. The husband of a colleague (who it is was alledged the claimant didn't enjoy the best of relations with) was recruited above the claimant as General Manager. When the claimant returned to work following an injury, the General Manager was sat at his desk and the claimant found he no longer had access to files on his computer. Following complaints made about him by the wife of the General Manager, the claimant was called into a meeting with the Proprietor. The Proprietor asked what the claimant would take to go, and issued a veiled threat that if he did not agree to do so there might be disciplinary proceedings against him.
Topic of the Week
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Employment Tribunal Awards
Until 1999 the statutory maximum limits on monetary awards, which employment tribunals could make, were fixed on a somewhat haphazard and irregular basis. This has now been changed. The Secretary of State must now make annual orders to index-link most maximum limits by reference to changes in RPI for September, up or down, in each year.
The amount of compensation awarded following an employment tribunal will depend on the nature and outcome of the case.
The proposals in the Government's 2006 White Paper on Personal Accounts, the aim of which is to introduce "soft compulsion" into workplace pension provision, are now coming to fruition. On 27 October 2010 the Pensions Minister, Steve Webb, confirmed that the Government would proceed with implementing the reforms set out in the Pensions Act 2008 and accompanying regulations, subject to the relatively minor changes recommended by an independent review of the proposed regime.
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