2016

2016 and Other Developments

The maximum Employment Tribunal compensatory award cap for an unfair dismissal will increase from £78,335 in line with the annual index linked increase. As before, the cap on the compensatory award is the lower of compensatory award cap or 52 weeks' pay (based on the claimant's gross salary prior to their dismissal but excluding pension contributions, benefits in kind and discretionary bonuses).

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What Is The Correct Approach To Comparators In An Age Discrimination Claim?

In Donkor v Royal Bank of Scotland (RBS), the EAT considered whether the circumstances of younger workers were materially different to those of older workers in a redundancy exercise because they were not eligible for early retirement pension enhancements.

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Antecedent Transactions – A New Approach

There’s been plenty of changes to the insolvency world and it looks like they are continuing with the removal of the insolvency exemption to the Jackson Reforms.

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RBS Pursue Former Halliwells Partner

December saw the handing down of judgment in the case of RBS v Michael McCarthy. Mr McCarthy was a former partner of the law firm Halliwells and had been sued by RBS for repayment of a professional practice loan.

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LASPO – What Should Insolvency Practitioners Be Doing Now That The Exemption Is Coming To An End?

As I’m sure you’ll be aware, the Government announced in December 2015 that the Insolvency exemption from the provisions of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) is due to end. With effect from April 2016 the following will no longer be recoverable from the losing defendant in insolvency cases:

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