The Government has announced plans to consult on the regulation of “damages-based contingency fees” (“DBCFs”) in employment tribunals. A DBCF is a type of “no-win, no-fee” agreement which allows a claimant’s legal representative to receive a percentage of the total damages award if the claimant’s case is successful. As employment tribunals have very limited powers […]
Read More… from Employment: Consultation on regulation of contingency fees in tribunal cases
Regulation 8 of the Transfer (Protection of Employment) Regulations 2006 (“TUPE”) provides that if an insolvency is with a view to the liquidation of the assets of the transferor then its provisions do not apply. […]
Read More… from Employment: Continuity of employment preserved in pre-pack sales
Effective 1 April 2009 the statutory entitlement to paid holiday will increase to 5.6 weeks, inclusive of bank holidays. For an employee working a 5 day week in England where there are 8 bank holidays per year this means that they will be entitled to a total 4 weeks plus bank holidays. Provided an employee […]
Read More… from Employment: Increases to statutory minimum holiday entitlement
On 6 April 2010, regulations came into force granting new rights to additional paternity leave and pay for parents with children due on or after 3 April 2011. The new rights will also apply to adoptive parents who have received notice of an adoption ‘matching’ on or after this date […]
Unlike most other types of claims in the employment tribunals, claimants in discrimination cases can claim interest on losses incurred up to the date of judgment. The interest accrues on a daily basis and is simple, not compounded. The applicable interest rate in England and Wales is set by the Lord Chancellor. The interest rate […]
Read More… from Employment: Pre-judgment interest in discrimination cases reduced
Some loans made to employees require employers to be licensed under the Consumer Credit Act 1974 to avoid potential criminal liability and to be able to enforce the loan. The OFT now requires such employers to register with it for AML purposes. The Office of Fair Trading (“OFT”) has announced that persons offering consumer credit […]
Read More… from Compensation & Benefits: OFT takes anti-money laundering (“AML”) role
Small increases to the national minimum wage took effect from 1 October 2009 […]
Read More… from Compensation & Benefits: National minimum wage rises (slightly)
Substantial changes to EU social security regulations in May 2010 […]
The US Internal Revenue Services (IRS) has issued guidance on the new exit tax that applies to individuals subject to US expatriation on or after 17 June 2008. […]
Read More… from International Assignments: US – IRS issues guidance on new exit tax
Earlier in 2009 the European Court of Justice ruled that workers who were on long-term sick leave were entitled to continue accruing annual holiday even if they had exhausted all entitlement to paid sick leave […]
Read More… from Compensation & Benefits: Statutory holiday pay for workers on long term sick leave