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Law Society v (1) Secretary of State for Justice (2) OLC - no TUPE transfer from LCS to OLC
Cases - Other - 26/02/10
TUPE will not apply when the Office for Legal Complaints (OLC) replaces the Legal Complaints Service (LCS) in handling complaints against solicitors. LCS staff will therefore not automatically transfer to OLC, which is free to recruit as it wishes
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Bradford & Bingley Plc v McCarthy - common sense standards must be applied in considering burden of proof in unfair dismissal cases
Cases - Employment Appeal Tribunal - 01/03/10
In this case there was such substantial evidence of potential unfairness that as a matter of common sense the Employment Tribunal was entitled to expect the employer to call evidence to rebut prime facie unfairness and the fact that it took into account the employer's failure to do so did not mean that it had placed the burden of proof on the employer.
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Corporate Manslaughter trial adjourned (again) until "around October 2010"
Cases - Other - 26/02/10
First Corporate Manslaughter trial adjourned (again) until "around October 2010"
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draft: The Additional Paternity Leave Regulations 2010 - in force 06/04/10
Statutory Material - 01/03/10
These regulations will implement proposals to give new mothers the right to transfer the second 6 months of their 12 months maternity leave entitlement to the father.
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draft: The Damages-Based Agreements Regulations 2010 (revised version) - in force 06/04/10
Statutory Material - 01/03/10
The government has issued a revised, and probably final, draft of Damages-Based Agreements Regulations 2010 originally issued in draft in December 2009.
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Statement of Fitness for Work or 'Fit Note'
Other Official Documents - 02/03/10
ACAS issue notes re the new "Statment of Fitness for Work" which replaces sick notes as from 6th April 2010
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Fullerton v Interights International Centre for the Legal Protection of Human Rights - judge should not have ruled claims out of time
Cases - Employment Appeal Tribunal - 19/02/10
Tribunal must not just look isolated incidents, but at broader picture to see if they may be connected and so a "continuing act", when deciding on time limit questions in discrimination cases.
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The Trade Union Ballots and Elections (Independent Scrutineer Qualifications) (Amendment) Order 2010 SI 2010/436 - in force 06/04/10
Statutory Material - 01/03/10
A new list of "qualified independent persons" to conduct certain ballots is in effect from 6th April 2010.