Publication
Coming full circle: Closing Loopholes No 2 reinstates the common law tests
On 7 December 2023, Parliament passed the Fair Work Legislation Amendment (Closing Loopholes Act 2023),
United Kingdom | Publication | August 2023
When calculating the future pension losses for a successful claim for unfair dismissal, the Employment Tribunal ruled in Jhuti v Royal Mail Group that it was appropriate to use the Ogden tables 3-18 (multiplier for loss of earnings).
These are the tables used to help actuaries, lawyers and others calculate the lump sum compensation due in personal injury and fatal accident cases but are also used to calculate the cost of lost pension rights.
The case involved a DC scheme, and the Tribunal held that if it simply added up the value of all future contributions, without applying the discounts catered for by the multipliers in the Ogden tables (which considered the factors relevant for calculating future loss of earnings such as mortality and accelerated receipt), overcompensation could result.
Although for DC pension schemes it is not necessary for either party to produce any actuarial or other expert evidence to support the submissions which are made, where a party seeks to persuade the Tribunal that it should depart from the standard approach envisaged by the Employment Tribunals: Principles for Compensating Pension Loss guidance, it is likely that that party will require some such evidence to persuade the Tribunal to do so.
Publication
On 7 December 2023, Parliament passed the Fair Work Legislation Amendment (Closing Loopholes Act 2023),
Publication
Starting in 2022, the Government of Canada has introduced three waves of amendments to the Competition Act (Act) resulting in the most significant revisions to Canada’s competition laws in over a decade.
Publication
Prime Minister Rishi Sunak has unveiled the Conservative Party’s manifesto ahead of the general election taking place on 4 July 2024. Whilst the Conservative Party manifesto does not contain changes to employment laws which are as significant as those proposed by the Labour Party, it includes a number of policies which will impact rights and obligations in the workplace. Below is a brief summary of these proposals and the implications for employers.
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