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Latest From The Employment Law Experts
Latest From The Employment Law Experts

Latest From The Employment Law Experts

Wednesday, 14 November 2012 14:51

Meanings of wages

Written by Philip Hyland
An employee can only claim for an unlawful deduction of wages if the sum claimed can properly be classified as wages. The employment rights act in its definition of wages specifically excludes expenses. The question for the EAT to determine in Qantas v Lopez and Hooper was whether a living away from home allowance was wages or an expense item. Additionally whether a golden hello namely a lump sum relocation payment was wages or expenses.
Tuesday, 06 November 2012 15:17

Disability and Medication

Written by Philip Hyland
One of the trickier aspects of determining whether a person ought to be classified as having a disability is the issue of medical treatment and medication. Because advances are regularly made in treatment and medication regimes what used to be a debilitating and disabling condition can be kept under control and at bay by medication. The case of Sussex NHS Foundation trust and Norris illustrates the point well. The claimant had a medical condition which meant that her immune system was compromised and she was vulnerable to infections. These infections had led to time off work. However the Claimant was on a treatment regime which meant infections were rare. The question before the Tribunal was whether she was disabled. The Tribunal found by a majority that she was, the Employment Judge in the minority, applying Boyle, said that even with an infection it was not clear from the evidence that the Claimant could not do day to day activities like shopping. The EAT agreed with the Employment Judge and sent it back to the Tribunal to re-consider.
Tuesday, 06 November 2012 15:13

Unfair Dismissal Developments In A Nutshell

Written by Innes Clark
I was speaking at a conference for the Solicitors Group in Glasgow a week past on Monday on Latest Unfair Dismissal Developments. I thought that it might be of interest to set out the headline issues over the past 12 months or so. So what's been happening in the world of unfair dismissal?
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