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Broad definition of “contract worker” for the purposes of discrimination legislation
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In Leeds City Council v Woodhouse [2010], the Court of Appeal has confirmed that a wide interpretation is to be adopted when considering who is a contract worker within the meaning of section 7 of the Race Relations Act 1976.
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TEAM Head Office Moves
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TEAM Head Office will be moving location on Monday 21st July 2010.
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Stop Press: Fake Fit Notes
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It has emerged that fake fit notes are being sold for as little as £10 online, raising concerns that workers may find it easier to fraudulently claim sickness absence.
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Previous incident for which no formal warning given can be taken into account when deciding whether to dismiss
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In London Borough of Brent v Fuller, the EAT held that, when deciding whether to dismiss for gross misconduct, an employer was entitled to take into account a previous similar incident even though no formal warning had been given.
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Claims of sexual harassment and constructive dismissal can be successful following years of “unwanted” conduct
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In Munchkins Restaurant Ltd and another v Karmazyn and others, the EAT considered several issues in the context of a claim for sexual harassment and constructive dismissal. The “intolerable” conduct which had been suffered by the Claimants was put up with for between one and five years before they resigned. However, the fact that the Claimants put up with the conduct, and even initiated talk of a sexual nature as a coping strategy, did not mean that it was not "unwanted".
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5 new TEAM Members
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5 new TEAM Members
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New TEAM Service Provider - Know Your Candidate
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New TEAM Service Provider - Know Your Candidate
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Damages for loss of professional status not precluded by Johnson v Unisys
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Damages for loss of professional status not precluded by Johnson v Unisys
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No age discrimination when employee unable to obtain degree before retirement
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No age discrimination when employee unable to obtain degree before retirement
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Employer cannot ‘cure’ a breach for which an ex-employee later resigns and claims constructive dismissal
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Buckland v Bournemouth University Higher Education Corporation [2010] EWCA Civ 121
The Court of Appeal has ruled that an employer who has committed a serious breach of contract cannot seek to remedy it while the employee is considering whether to resign and claim constructive dismissal.