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Manisha Chauhan
 

Nominal Damages Awarded in Breach of Confidentiality Claim

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This was considered in the case of Marathon Asset Management LLP and another v Seddon and another [2017] . In this case, 2 employees worked for an asset management firm, Marathon Asset Management LLP. In the months before they left, a number of files were...

So when does Notice of Termination Actually take Effect?

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You issue a letter of notice to your employee by post. The question is however, does the notice of termination take effect on posting, delivery or on communication of the notice if there is no express term in the contract of employment stating when the...

Dismissals for Long-Term Sickness Absence

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This is always a difficult decision employers tend to face when there is an employee off sick for a long period time and shows little or no prospect of ever returning to work. What is the best decision for the employer whilst ensuring they do not open...

NO CLAIM FOR HARASSMENT WHERE DISABILITY NOT PROVED

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This was a case considered by the Employment Appeal Tribunal (EAT). The Claimant, Mr Baker, was employed as a lawyer by Peninsula Business Services Limited. He claimed he suffered from dyslexia, that this was a disability and that it affected his ability to...

Compensation Limits Increase Once Again

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Compensation limits which Employment Tribunals can award are set to be further increased with effect from 6 April 2017. The changes apply to dismissals or other detriments, occurring on or after 6 April 2017 only. For anything which falls before this date,...

Can an Employer rely on Previous Disciplinary Warnings?

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This has been something which many employers have wondered for some time. An employee has received warnings in the past which have gone on their personnel records and eventually expired, yet can previous warnings, although expired, be relied upon when the...

Mobility Clause Dismissals... Redundancy or Conduct?

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Is a dismissal classed as a redundancy where employees fail to comply with a mobility clause in their contract? This was addressed by the Employment Appeal Tribunal (EAT) in the case of Kellogg Brown & Root (UK) Ltd v Fitton . Following a site closure...

Type 2 Diabetes... A Disability or Not?

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This was considered by the Employment Appeal Tribunal (EAT) in the recent case of Taylor v Ladbrokes Betting and Gaming Ltd . The Claimant, Mr Taylor was dismissed by his employer Ladbrokes on 4 November 2013 and brought claims of unfair dismissal and...

Male Discrimination during Shared Parental Leave

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This was considered by the Employment Tribunal (ET) in the case of Snell v Network Rail Infrastructure Limited. Mr and Mrs Snell were both employed by Network Rail and both applied under Network Rail’s Share Parental Leave Policy. Mrs Snell decided...

Flexible Working Requests & Breastfeeding

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This issue was considered by the Employment Tribunal (ET) in the case of MacFarlane and another EasyJet Airline Company Ltd. This case was brought by 2 female employees who worked as cabin crew for EasyJet and who had recently returned to work following a...

Holiday Pay & Commission... the decision

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For some time now there has been some discussion and debate over the dreaded subject of holiday pay since two very important decisions were made by the European Courts of Justice (ECJ) which found that UK domestic legislation (that is, The Working Time...

Uber Loses Landmark Tribunal Decision

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On 28 October 2016 the Employment Tribunal handed down a very important decision, one that would have the subsequent impact of employers questioning the employment status of contractors within their workforce. Two taxi drivers who provide services to Uber...

Employer National Insurance Deductions on Termination Payments

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I recently wrote a blog on Settlement Agreements entitled “ Settlement Agreements- How do they Work ?” In my blog, I discussed the common misconceptions advisors can come across when providing advice on a settlement agreement. One of the...

Was it right to hold a disciplinary hearing in the absence of an employee?

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This was considered by the Employment Appeal Tribunal (EAT) in the case of Dr A Nabili v The Norfolk Community Health and Care NHS Trust Dr Nabili was employed as a Consultant Paediatrician and was suspended from practice due to concerns relating to her...

Pikachu... is it time you had a Pokemon Policy in Place?

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If you are anything like me, you will neither understand the need for Pokemon Go, nor will you allow yourself be trapped into the latest craze which has individuals glued to their smartphone in a bid to “catch” Pokemon creatures by integrating...

Protected Conversations or Without Prejudice?

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From 29 July 2013, section 111A Employment Rights Act introduced the principle of confidential negotiations before termination of employment, known as protected conversations. Section 111A is designed to allow employers to talk freely to their employees...

Settlement Agreements - Broken Promises

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A legally binding settlement agreement has been entered into with your employee. She has obtained legal advice on the agreement, it has been signed by all parties and the termination payment has been paid. You find out a few months later that she has leaked...

Settlement Agreements - How do they work?

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You’ve employed a Sales Executive for 4 years. Around 6 months ago you noticed a change in his work, failure to meet targets and a lack of commitment to the role which is having an impact on the company’s performance. You’ve met...

UK Votes Leave - What does this mean for Employment Law

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Chattertons’ Employment Law specialists Manisha Chauhan and Danielle Lister consider the impact of the historical Brexit vote on Employment law and workers’ rights. The Brexit campaign has been the talk of the country for some time now, with a...

Solicitor joins employment team in Grantham

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Local law firm, Chattertons Solicitors, are pleased to announce the appointment of Manisha Chauhan to their team in Grantham. Manisha qualified as a solicitor in 2013 and has since been specialising in all aspects of employment law...