Divorce and Pension

Divorce and Pension

When it comes to divorce, the law provides that the partner who is financially worse-off (usually the woman) is in fact entitled to a claim in their ex-spouse’s pension rights.


This fact alone makes it worthy of far more careful consideration than many give to it.

The obvious first step is to receive a pension valuation from your pension provider in order to see just how much money it is worth. This amount is crucial as it may influence which method of dividing up your pension you choose, which as considered below, can take a variety of forms.

Pension Sharing - PERCENTAGE

The most popular method of dividing up a pension on divorce is one of the more recent options the courts have provided, referred to as ‘pension sharing’ or ‘pension splitting’.

This is often seen as the easiest way to..... Read full article on divorce and pension

Retirement of employees

As from 6 of April 2011 – no forced retirement notices can be issued to your employees This is due to new laws that are to take effect in October 2011 which mean employers are no longer able to dismiss staff simply on the grounds that they have reached 65. Whilst at the moment the power lies with the employer who is able to lawfully dismiss an employee on this basis, as of October an employer must be able to prove they are ‘objectively justified’ to dismiss a worker on these grounds.


Posted by Employment Lawyers

Employment Lawyers: Unfair Dismissal of a Teacher and Continuance of Employment

Employment Lawyers: Unfair Dismissal of a Teacher and Continuance of Employment

Employment Appeal Tribunal 08 September 2010

In the recent case of Hussain v Acorn Independent College Limited, the teacher in question Mr Hussain had a temporary contract that was due to terminate on 8th July.
The teacher for whom he was covering for, resigned on that same day, and it was agreed that Mr Hussain would be kept on under a permanent contract from 5th September.

However, the College terminated Mr Hussain’s contract on 12th June, nearly a month early, which lead Mr Hussain to a claim against it for unfair dismissal. The College fought back by insisting Mr Hussain had not worked continuously for a year. This claim was made on the basis that there was a period between the two contracts where Mr Hussain did not work.

The college claimed this ‘cessation of work’ .... Read full blog on Employment Lawyer

Q. Are claims for associative discrimination valid?

Question: Are claims for associative discrimination valid?




Answer by Employment Lawyer: Disability discrimination can encompass associative discrimination of a carer, as established in the case of Coleman v Attridge Law. However, this does not extend to associative protection under the Sex Discrimination Act, for example a claim cannot be made on the grounds of a partner becoming pregnant.

What happens if unfair discrimination is just one of the causes to my illness, is this enough to claim?

Question: What happens if unfair discrimination is just one of the causes to my illness, is this enough to claim?

Answer by Employment Lawyer:

A claim will be allowed if the discrimination is found by the courts to be a ‘material’ cause of the ill health. There must be a casual link between the discrimination and the ill health and if this has resulted in any loss of earnings, for example, the courts will take these into account. The courts will also make an assessment over the extent to which the unlawful discrimination has contributed to the ill health and will reduce the damages accordingly, for example if they are found to have contributed 40%, the courts will reduce the total awarded damages by 60%.

What happens if my Employers don’t have the money to pay out my unfair dismissal awards

Question: What happens if my Employers don’t have the money to pay out my unfair dismissal awards? Will this be taken into consideration when determining the damages I will receive by an employment tribunal?


Answer by Employment Lawyer. No! Even in situations where paying out may send your employer into liquidation, the courts will not allow this factor to alter the amount of damages which should be awarded to you. The financial state of the company has no relevance to your unfair dismissal and the courts would see damages in these circumstances as neither unjust nor inequitable.

Employment Lawyers: Effective Date of Termination of Employment

Employment Lawyers: Effective Date of Termination of Employment

Strict time limitations on employment claims means the whole success of your claim could be dependant on the disputed date of your termination of employment. The matter can get further complicated by letters not being read as straight away.

This has commonly been the case with dismissals, where letters sent have not been read immediately on arrival due to individuals being away on holiday. Case law suggests that the employment tribunal would decide in favour of... Read full blog on London Lawyers