Employment and Labor Law


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A recent Tribunal decision has held that time spent in ACAS Early Conciliation (“EC”) before a limitation period starts cannot extend the time limit for bringing a claim.

In Fergusson v Combat Stress the Claimant started ACAS EC 28 days before her actual dismissal. In previous cases, Tribunals had decided that when EC started before the employee was dismissed then the Claimant could still have the full month to add on to their deadline to bring their claim. 

Read more: You Cannot Stop a Clock Before It Starts


Following on from the signing of Article 50 last week, Michael Sippitt (Clarkslegal Chairman) speaks to the Independent online about the impact of Brexit on worker's rights- and what we can do to alleviate the damage.

You can read the full article by clicking below.

The Independent - Voices

brexit


With emotions running high on both sides, an increase in racial abuse and hate crime has been reported since the UK voted to leave the EU. A recent report called “Race at Work” by Business in the Community revealed the presence of racial harassment and bullying remained present in numerous organisations. The current uncertainty and political climate in the UK makes it critical for employers to emphasise and encourage safe and respectful work environments for all workers regardless of ethnicity or nationality.

Read more: The Continued Risk of Racism in the Workplace


Author: Andrew Shute, Partner, Lara Radik, Senior Associate and Seone Woolf, Solicitor 

In a recently published decision, the Full Bench of the Fair Work Commission has decided to reduce Sunday and Public Holiday penalty rates in modern awards covering the retail and hospitality industries by between 25 – 50%. In addition, the FWC has proposed some variations to early and late night work penalty rates under certain awards.

To read the full article click here, or visit www.carternewell.com.


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Under section 145B of TULRCA, it is an offence for an employer to offer employees an ‘inducement’ which, if accepted, would result in them giving up any or all of their collective bargaining rights. The case of Dunkley and others v Kostal UK Ltd serves as a costly reminder to employers of what can happen if they do.

Read more: A costly detour - employer’s attempt to bypass collective bargaining to negotiate directly with...