Articles

Here you will find all the latest news from the SCE team. In this section we will feature news about what we have been up to, recent mentions in the press, information about the work we do in the community and lots more.

Monthly Archive December 2013

Effective Dates of Termination…Effective from When?

The Effective Date of Termination (“EDT”) is the term used for the date an employee’s period of continuous service ends; this can be the date on which the employee’s notice expires (where the employee has been terminated with notice) or the date on which termination takes effect (where the employee has been dismissed without notice).

Establishing the EDT is crucial for determining the time limit an employee will need to adhere to in order to bring a claim for unfair dismissal. There can however often be some dispute over when the EDT took place, with many historic employment cases having been centred on the issue.

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Sharing the Load: Parental Leave Proposed Changes Published

The Government has published its response to the consultation on the administration of shared parental leave and pay, announcing that it will restrict the number of times that an employee is entitled to change his or her parental leave plans, in order to create certainty for employers.

The framework for shared parental leave and flexible working is set out in the Children and Families Bill, which is currently making its way through Parliament; a target implementation year of 2015 has been applied to the draft provisions.

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Holiday Pay: Where’s the Commission?!

Holiday pay; employers are sometimes woe to pay it and employees are almost always militant in asserting their statutory right to receive it. In many sales roles in the UK however there has long been the sense from the employee side of the argument that commission, which can often form the majority of a salesperson’s remuneration package, should be factored into the holiday pay calculations undertaken by payroll.

Recently the question was referred from Leicester Employment Tribunal (“LET”) to the Advocate General (“AG”) of the European Court of Justice (“CJEU”) for a preliminary ruling on whether the granting of commission in a claim for holiday pay would be compatible with EU Law.

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Hell hath no fury, like a woman scorned!

It is common sense that parties should refrain from abusive and aggressive behaviour towards one another and the court during any litigation. And it is common knowledge that any form of unreasonable conduct may lead to courts penalising the party at fault. In some instances this can lead to credibility being called into question and/or increases in compensatory awards. However what are the consequences of a party being abusive to the judge?

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‘Tis the season to be merry and stay out of trouble at the Christmas party!

As the festive season gets into full swing this weekend, many of us will be preparing ourselves for the Christmas party, where of course many of us intend to relax with colleagues over one or two, or in some cases, twelve drinks.

This time of year is great for letting your hair down; however the concept of ‘liquid courage’ usually leads to no small amount of questionable antics, including but not limited to ritual abuse of the photocopier and a kiss or two under the mistletoe.

Therefore as we prepare for our own Christmas party I have put together a few tips for ensuring a smooth office do!

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