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This week the media has been awash with claims that the tribunal system is weighted entirely in the favour of employees, further fuelled by the Director General of the CBI’s comments that the system was ‘broken’ on the BBC Radio 4 Today Programme.
The increased number of tribunal claims faced by employers has led some business leaders to call for claimants to be required to pay to lodge a claim. Figures of £30 to £500, have been mentioned, with the fee being returned if the claim was successful.
It remains to be seen whether the government will bow to this pressure. However, it seems unlikely that a barrier on workers’ rights would be imposed in the field of employment claims by enforcing an upfront payment to seek to redress alleged injustice at the time they have lost their job or feel that they have been discriminated against.
As the use of social media continues to increase, its overlap with working life is becoming more and more prevalent.
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In his 2018 Autumn Budget, the then Chancellor, Phillip Hammond, announced a significant change to the way liability for IR35 breaches will be dealt with for private sector companies from April 2020.
Under the ET Rules, all judgments and accompanying written reasons must be published on a pubic register which the general public can access online.
The Supreme Court in Tillman v Egon Zehnder Ltd has determined that where post-termination restrictive covenants (i.e. “non-compete” clauses) in employment contracts go further than reasonably necessary to protect an employer’s business interests, it can apply the ‘blue pencil test,’ severing the offending words and leaving the remaining enforceable clause in place.
Senior Associate
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