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InsightsPosts From May 2013

Employment

The Employee Shareholder "Hokey Cokey"

As mentioned in previous bulletins, during October 2012 the Government announced its intention to create a new type of employment status. This was originally reported as "Employee Owners", but following consultation is now to be called "Employee Shareholders", the central idea being that individuals will give up certain employment rights in return for capital gains tax exempt shares in their employer.

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Employment

All Change

Employment law is always fast paced, but 2013 is proving to be an action packed year even for normal standards. There are to be improvements to the National Minimum Wage legislation, changes to the TUPE regulations, compromise agreements are to be replaced by "Settlement Agreements", we will shortly have new Tribunal rules and fees, whistleblowing legislation is to be changed, and flexible working for all and shared parental leave are on the horizon.

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Employment

Aggravated damages - To award or not to award, that is the question

Unlike unfair dismissal compensation, which is limited purely to financial loss (such as wages), awards for successful discrimination claims can include compensation for non-financial losses such as "injury to feelings" and "aggravated" damages. The latter are awarded in the most serious cases where the behaviour of an employer has (as the name suggests) aggravated a Claimant's injury to feelings. Importantly, both injury to feelings awards and aggravated damages are designed to compensate a Claimant for injury and not to punish an employer.

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