Redundant NHS Executive Wins Right to Higher Rate Pension

Written by Jade Linton, Sydney Mitchell

Being made redundant can be a painful experience but, with expert legal advice, you can at least ensure that you leave with everything you are entitled to. In one case, a senior NHS executive who was just short of her 50th birthday when her employer decided to make her redundant had her pension rights upheld by the Court of Appeal.

Following a stressful meeting, the woman had gone on sick leave. Soon afterwards, however, she took annual leave and went on holiday to Egypt for a week. She came home to find a letter informing her of her redundancy. She was entitled to a 12-week notice period prior to termination of her employment.

In those circumstances, novel issues arose as to the exact date on which she had been served with notice of her dismissal and whether her notice period expired just before, or just after, her 50th birthday. A judge accepted that her redundancy took effect after she turned 50, thus entitling her to a higher rate of pension.

Her former employer, an NHS trust, challenged that ruling on the basis that she was deemed to have been served notice on the day of the letter’s delivery, rather than the day on which she opened it. In rejecting the appeal by a majority, however, the Court noted that the trust was aware that she was due to go on holiday and that there was a substantial risk that she would not be at home when the letter arrived. In the circumstances, the notice period only began to run when she took delivery of the letter and its contents were actually communicated to her.

Anthony Korn contributes to latest edition of Blackstone Employment Law Practice

The latest edition of Blackstone Employment Law Practice has recently been published by Oxford University Press.

Blackstone Employment Law Practice (2017) is the leading text on tribunal practic for bringing, defending and appealing employment cases in one single, portable volume.

Anthony Korn contributes two chapters to the book: one relating to unfair dismissal compensation and the other relating compensation in discrimination claims.

Anthony Korn is a member of the Employment Law Group at No5

Worker or Employee? Tribunal Ponders Charity Worker’s Case

Written by Jade Linton, Sydney Mitchell

The dividing line between ‘workers’ and ‘employees’ can be very difficult to discern, but is of the greatest significance. That was certainly so in the case of one man who worked for a charity for years without any form of written contract.
The man, who started out as a paid intern on a trial basis, received about £1,000 a month for performing a wide range of tasks, many of them concerned with assisting the charity’s founder in dealing with personal matters. Neither he nor the charity made any account for Income Tax or National Insurance Contributions.
Following his acrimonious departure, he lodged complaints with an Employment Tribunal (ET), which accepted that he was a worker but found that he was not an employee within the meaning of the Employment Rights Act 1996.
The ET found that the absence of a written contract or provision for holiday pay, and the fact that he was generally only remunerated when he worked, were inconsistent with employment status. As a result of that ruling, his whistleblowing and unfair dismissal claims were struck out.
In upholding his challenge to those aspects of the decision that were adverse to him, the Employment Appeal Tribunal found that the ET had erred in law. Those factors that were said to be inconsistent with employment status were in truth no more than pointers in that direction. The ET had also made an apparent factual mistake in respect of his receipt of holiday pay. The case was sent back to the same ET for fresh consideration.

We Need Your Help

Following a successful launch event on the 17th March the West Midlands Employment Law Group need your help!

The aim of the group is to be a member led organisation where you can share ideas, network and receive beneficial training.

In order to achieve this vision and for the group to be a success WE NEED YOUR HELP!

How can you can get involved:

  • Committee Group – We are looking for a small group of people who are able to help with providing ideas for future events, training and WMELG activities and help to bring these ideas to life.
  • Article Submissions – We would like you to submit relevant articles about Employment Law, HR issues or updates, legal updates and topical news that we can use on our website. These can be full articles, short blog pieces or topics you think would be good to get comment or feedback on.*
  • Ideas – We welcome any ideas you have for future events, training topics and charities you would like the WMELG to support.
  • Venue – If you would like to offer your place of work as a venue or would like to suggest any venues for future events please do let us know for a future event.

To get involved please follow the links below.
The West Midlands Employment Law Group look forward to working with you all.

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