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The Latest News from Acton Jennings.

March 2018 - CHANGES IN APRIL

Posted on Tuesday 20th Mar 2018

Taxation of PILON

6 April 2018 sees the introduction significant changes in relation to the way termination payments are taxed. Our Newsletter of August 2016 refers. Except in cases of very serious misconduct when an employer terminates an employee’s contract, that employee is generally entitled to notice. Where there is a Payment In Lieu Of Notice clause (PILON clause) in the employment contract, the employer is entitled to terminate the employee’s employment immediately and pay a sum in respect of the salary and benefits the employee would have received had they worked the notice period.

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January 2018 Newsletter

Posted on Wednesday 31st Jan 2018

First Case of Unlawful Inducement Ever Considered by EAT

Given the rarity of these cases, since the law was passed decades ago (the Consolidation Act is 25 years old) it need not take up much space in this Newsletter. The article is of particular interest to those clients that are unionised and recognise a trade union for the purposes of collective bargaining. 

Put basically the employer Kostal UK Ltd had signed a collective agreement with UNITE giving the union bargaining rights. When a deal on a Christmas bonus payment in return for certain changes in working practices could not be

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December 2017 Newsletter

Posted on Tuesday 19th Dec 2017

Paying Back Tribunal Fees

As we reported in our July 2017 Newsletter, the Supreme Court's decision in Unison that Employment Tribunal fees were unlawful meant the Government would be required to reimburse those who have paid fees to bring their claims in the Employment Tribunals over the last four years. Following a phased implementation in October that scheme has now been fully introduced.

The scheme is open to claimants, respondents (including those who had been ordered to reimburse fees incurred by the other side) and their representatives or sponsors who were responsible for paying

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Newsflash December 2017: Holiday Pay

Posted on Thursday 30th Nov 2017

We hardly seem to get a break from holiday pay cases. The most recent one, a Court of Justice of the European Union judgment handed down 29 November 2017, has far reaching implications. The case is King - V - Sash Windows.

What, for ease of expression, we call Mr King’s ‘employer’, believing that Mr King was self-employed for the thirteen years he worked for him, did not give Mr King paid holiday. Mr King sought back pay to 1999, the start of his employment.

Mr. King succeeded at the ET but failed at the EAT. The Court of Appeal then referred the matter to the European Court of Justice

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October 2017 Newsletter

Posted on Thursday 19th Oct 2017

Bereavement Leave

The government published the Parental Bereavement (Pay and Leave) Bill last week When enacted the legislation will create the right to two weeks’ paid leave to any employed parent who loses a child under the age of 18. It is horrible to express it so bluntly but the leave is per deceased child. Eligibility will not be related to length of service but employed parents with at least 26 weeks’ continuous service have an additional right to receive statutory parental bereavement pay.

There is currently no legal requirement to offer grieving parents paid time off work so

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