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Australia: Employee investigation reports not always privileged
A recent decision of the Federal Circuit Court serves as an important reminder for employers to ensure that lawyers are properly engaged and that …
UK: Tribunal breach of contract claims - set-off defence available to employer as alternative to counterclaim
The EAT has confirmed that an employer facing a breach of contract claim in the tribunal may be able to recover sums owed to it by the employee (eg, …
Australia: Employee investigation reports not always privileged
In brief A recent decision of the Federal Circuit Court serves as an important reminder for employers to ensure that lawyers are properly engaged and …
UK: Legislative reform - whistleblowing, zero hours and other changes
Following proposals outlined in the Queen's Speech, the Small Business, Enterprise and Employment Bill has now been published. It includes the …
UK: Appeal news - tribunal fees, unfair dismissal compensation cap, retirement age
UNISON has been granted permission to appeal to the Court of Appeal in its judicial review application challenging the introduction of tribunal fees, …
UK: Employment law reforms - changes in force from May 2014
From 6 May 2014 it became mandatory for claimants to submit to Acas an early conciliation form (or provide the details by telephone) before lodging an …
USA: Whistleblowing - internal investigation documents may not always be privileged
In a controversial decision, US ex rel Harry Barko v. Halliburton Company, et al, a US District Court ordered an employer to disclose documents generated …
UK: New publications - subject access requests, tribunal claim statistics, age discrimination in provision of services
The Information Commissioner's Office has updated its Code of Practice on handling subject access requests, available here. The Ministry of Justice …
UK: Evidence at employment tribunals - covert recordings admissible
Employers should ensure managers holding or attending disciplinary or grievance hearings with an employee are aware of the risk of making inappropriate …
UK: Tribunal fees - judicial review application; recoupment of fees from losing employer
Unison's challenge to the introduction of tribunal fees has been dismissed by the High Court, in large part because it was brought too early before …
UK: Implementation dates - flexible work and shared parental leave, employer penalties, rehabilitation periods, abolition of statutory sick pay recoupment
According to a BIS Press Office tweet, the proposed extension to the right to request flexible working to all employees with six months' employment …
UK: Tribunals - new compensation limits from April 2014
From 6 April 2014, the cap on the unfair dismissal compensatory award will increase from £74,200 to £76,574 and the cap on weekly pay (used to calculate …
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