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16/01/2012
TUPE | No service provision change where new activities are not essentially the same
For those of you who have to work with the TUPE regulations, this EAT case will provide added comfort....
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16/01/2012
Working Time Regulations | No detriment when employee required to sign opt-out to work overtime
The Employment Appeal Tribunal has confirmed that a requirement for an employee to sign an opt-out agreement in order to work overtime did not amount to a detriment...
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16/01/2012
Injunctions | Springboard protection
This case summary shows how employers can protect their confidential information and trade secrets by the use of injunctions....
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16/01/2012
Ministry of Justice Consultation | Introduction of employment tribunal fees
As of 14 December 2011, Government started its consultation about two different fee structures for employment tribunal and Employment Appeal Tribunal cases....
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16/01/2012
Increase for limits on tribunal awards from 1 February 2012
All new figures apply where the effective date of termination is on or after 1 February 2012....
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19/12/2011
Holiday pay l Holidays and sickness absence
Continuing the case law on the subject, the European Court of Justice has ruled that entitlement to holiday while on sick leave does not accrue indefinitely....
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19/12/2011
Government delay response to consultation on Modern Workplaces
BIS announced that the response to consultation on Modern Workplaces will be delayed until early 2012....
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07/12/2011
Proposed employment law changes | a mixture of the good, the bad and the ugly
Radical changes to employment laws are on the way...
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07/12/2011
TUPE and collective redundancies | call for evidence
If the balance of evidence calls for possible changes to the current regulations, there will be formal consultation in 2012....
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07/12/2011
What did Vince Cable say and why?
Vince Cable gave details of his radical changes to be introduced which he hopes will reform employment relations and give confidence to employers to take on more staff...
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27/11/2011
Quantrills Christmas party checklist | November 2011
Don't be a party pooper ... Your checklist to beat the Christmas party blues...
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20/11/2011
Bribery Act | First convicted employee is jailed for six years
There is no doubt now that the Bribery Act can have serious consequences for the guilty....
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20/11/2011
Unfair dismissal | "Protected conversations" and an increase in the qualifying period for unfair dismissal.
The Prime Minister has announced that consultation will be undertaken about introducing the concept of "protected conversations"....
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20/11/2011
Holiday pay | Entitlement to statutory holiday pay is lost if not requested by employee on long-term sick leave
The EAT has held that employees on sick leave must, to be paid for holiday under the Working Time Regulations 1998, give the required notice during the relevant leave year of their intention...
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20/11/2011
Employment status | Weight Watchers are employees!
This case should encourage all organisations to make sure they have correctly indentified the status of their workers. This is because primary liability for any mistakes, deliberate or other...
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03/10/2011
Fundamental changes to employment tribunals practice and procedures
Yesterday, on 3 October 2011, the Business Secretary, Vince Cable, and the Chancellor, George Osborne, announced fundamental changes relating to employment tribunal practice and procedures. ...
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02/10/2011
Increase in National Minimum Wage rates
From 1 October 2011 these new minimum hourly rates apply....
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13/09/2011
Understanding the Agency Workers Regulations 2010
A Quantrills briefing note...
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13/09/2011
Age discrimination | Justification
This case involved state prosecutors in Germany. The laws of Germany provide that civil servants retire at the end of the month in which they reach 65....
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13/09/2011
Unfair dismissal | Illegality and misrepresentation of employment status
Where a contract is performed illegally and the employee knows of the facts making it illegal they cannot bring a claim based on that contract....
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23/08/2011
Sickness absence and the entitlement to payment on termination of employment for untaken holiday.
Employees on long-term sick leave may well be entitled to be paid for untaken annual holiday leave which has accrued in the previous holiday year even if the employee has not requested to ta...
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26/07/2011
Unfair dismissal | Dismissal of HGV drivers without licence was fair
The dismissal of two HGV drivers who had allowed their licences to expire was fair, even though there were no "horrific" consequences....
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26/07/2011
Unfair dismissal | Imposed pay cuts can be fair
When deciding if a dismissal of an employee who refuses to accept a pay cut was fair, the employment tribunal must focus on the reasonableness of the employer's decision rather than on the r...
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26/07/2011
Disciplinary proceedings | Right to legal representation
When can an employee insist on being legally represented at a disciplinary hearing? This was the question the Supreme Court recently looked at....
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26/07/2011
Compensation payments | Avoid using the term "ex gratia"
This article explains why you should not describe a compensation payment as being "ex gratia"....
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26/07/2011
Disability discrimination | Reasonable adjustments and employer's knowledge of disability
This article explains an EAT decision about when will an employer have knowledge of an employee's disability so that it must consider making reasonable adjustments....
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26/07/2011
Unfair dismissal | Drinking alcohol did not justify summary dismissal
An employee who had a drink during working time was not fairly dismissed despite employer's policy....
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26/07/2011
Unfair dismissal | Breakdown in relationship was SOSR dismissal
An employee was dismissed for SOSR and not conduct when the relationship between him and his colleagues broke down....
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01/07/2011
Bribery Act 2010 | Now in force from today 1 July 2011
The Bribery Act 2010 comes into force today It applies to all organisations regardless of size, business type or sector. Our concise summary explains the key provisions....
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26/05/2011
Guide on 'managing age'
The CIPD and TUC have issued a free guide on 'Managing Age' following the abolition of the default retirement age. ...
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26/05/2011
Consultation on modern workplaces
The Government has launched another consultation entitled 'Creating a Modern Workplace'. ...
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26/05/2011
Health and safety made simple | New website launched
The HSE has launched a new website; Health and safety made simple. ...
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26/05/2011
Liable | but it was not a reference!
A former employee was entitled to compensation for loss following an email about him from his former employer to his current employer, even though it was not a reference....
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26/05/2011
Unfair dismissal | Fair dismissal for Facebook posts
An employee was fairly dismissed for postings on facebook mentioning customers' first names but not her employer....
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12/05/2011
Yet another review of employment law?
If you have missed the news, the Government has announced further aspects of employment law that will be reviewed as part of its mission to reduce 'red tape'....
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12/05/2011
Final guidance | Agency Workers Regulations
The Department for Business, Innovation and Skills has published its final guidance on the Agency Workers Regulations. ...
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12/05/2011
Disability | Guidance on meaning of disability
The statutory guidance on the meaning of disability under the Equality Act 2010 came into effect on 1 May 2011. ...
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12/05/2011
Harassment | An offensive employee not harassed
The EAT has concluded that an employee whose own behaviour was offensive had not been unlawfully harassed. ...
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12/05/2011
Termination of contract | Payment in lieu of notice terminates contract
The Court of Appeal has concluded that a contract of employment was brought to an end when the employer made a payment in lieu of notice in accordance with the terms of it....
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12/05/2011
Unfair dismissal | Covert surveillance during sickness absence
An employee's dismissal was found to be unfair where an employer relied upon covert surveillance of the employee's activities during a period of absence. The employer failed to get a medica...
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20/04/2011
Unfair dismissal | Erroneous absence warning makes dismissal unfair
A warning issued to an employee for an absence which did not qualify for a warning made the dismissal unfair. ...
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20/04/2011
Philosophical belief | Belief in anti-fox hunting and higher purpose of public service broadcasting both protected
Two cases have recently concluded that a belief in anti-fox hunting and the higher purpose of public service broadcasting are protected under the Employment Equality (Religion or Belief) Reg...
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20/04/2011
TUPE and redundancy | Selection following a transfer
The use of selection criteria which was applied equally to the transferor's and transferee's employees during a redundancy exercise was fair without moderation. ...
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20/04/2011
Guidance published | Agency Workers Regulations
The Department for Business, Innovation and Skills has published in draft the 'Agency Workers Regulations Guidance April 2011'. ...
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20/04/2011
New rates | National minimum wage
The national minimum wage rates which take effect from 1 October 2011 have been announced....
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31/03/2011
Bribery Act 2010 | Coming into force on 1 July 2011
The Ministry of Justice published its guidance on the Bribery Act 2010 yesterday and the Act will come into force on 1 July 2011. ...
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29/03/2011
The 2011 Budget
Last week's budget contained no surprises, but there were some important changes that all people managers need to know about. Our summary ensures you are fully aware of these changes....
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29/03/2011
Changes on 3 April 2011
Find out about the changes to statutory payment rates and the introduction of additional paternity leave entitlements which take effect from 3 April 2011....
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29/03/2011
Changes on 5 April 2011
The public sector equality duty under the Equality Act 2010 is expected to come into force on 5 April 2011....
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29/03/2011
Changes on 6 April 2011
Changes include abolition of the default retirement age, implementation of part of the Equality Act 2010 and tax treatment of post-P45 payments....
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29/03/2011
Scrapped! | Flexible working and time off to study and train
The right to request flexible working and time off to study and train were both to be extended from 6 April 2011. These changes have been scrapped....
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14/03/2011
Abolition of default retirement age | Executive briefing
This article provides you with a short overview of the changes and highlights the key implications of the abolition of the default retirement age in April 2011....
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14/03/2011
Abolition of default retirement age | what are the transitional provisions?
This is your last opportunity to take advantage of the default retirement age. You must act on or before 5 April 2011....
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14/03/2011
Can you keep a fixed retirement age?
This article discusses how an employer can keep a fixed retirement age after April 2011. After the abolition of the default retirement age, employers have two options: you can abandon the co...
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14/03/2011
Eight HR policies to update to successfully manage your older employees after the abolition of the default retirement age
The abolition of the default retirement age requires you to look now at your HR policies and procedures to make sure your people managers and staff understand how the changes may impact on t...
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14/03/2011
Unfair dismissal | defective final written warning can make subsequent dismissal unfair
A dismissal may be unfair when the employer relies on a defective final written warning even where the employee did not appeal the warning....
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14/03/2011
Constructive dismissal | employer's intention may be relevant to test for constructive dismissal
The Court of Appeal concluded that there had not been a breach of the implied term of trust confidence by the employer as its intention in acting as it did was in fact to preserve the employ...
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14/03/2011
The month that was March 2001
This is our short look back 10 years to March 2001. It's surprising how many topics are again in the news - but we are sure the current singles chart is all new!...
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02/03/2011
Abolition of the default retirement age | updated transitional regulations published
In our article published on 21 February 2011 we highlighted a drafting error which would have meant that employees already aged over 65 could not have been retired under the draft transition...
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21/02/2011
Time off for training | extension to small employers delayed
The Department for Business, Innovation and Skills has announced that it is not extending the right to all employees to request time off for training....
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21/02/2011
Reminder | New compensation limit now £68,400
Employment tribunal compensation limit from 1 February 2011 is now £68,400....
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21/02/2011
Abolition of default retirement age | draft regulations published
From 6 April 2011 retirement will no longer be a fair reason for dismissal. The default retirement age will be abolished and the statutory retirement procedure will no longer exist....
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31/01/2011
Looking forward | 2011
There are a number of anticipated changes in 2011. Leading the way is the removal of the default retirement age. Other changes include the extension of flexible working and the introductio...
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31/01/2011
Looking Back | 2010
The New Year is a time to look back and reflect. We take a brief moment to review some of major changes of 2010, all of which we are sure you will be familiar with....
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31/01/2011
Royal wedding | Royal employment issues?
The 29 April 2011 is a public holiday in honour of the wedding of Prince William and Kate Middleton. Leaving aside the detail that she will travel to the ceremony by car, you may be worried...
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31/01/2011
Redundancy | Pool of Selection
The EAT has given some further guidance on the fairness of a redundancy where 'bumping' was not discussed with the employee....
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31/01/2011
Discrimination | Cost as a justification
Cases have previously concluded that cost can only ever justify discrimination in conjunction with another factor. The EAT has cast doubt on this position....
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31/01/2011
Implementation of European legislation
In December 2010 the Government announced that European legislation which must be implemented into UK law will be implemented word for word....
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13/01/2011
STOP PRESS | End of default retirement age not to be delayed
The phasing out of the Default Retirement Age (DRA) is not to be delayed the government has announced today. This means from 6 April 2011 employers will not be able to compulsory retire staf...
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20/12/2010
Maternity pay | full pay for 20 weeks stalled
The European Union Employment Council has stalled progress of a proposal to introduce full pay for maternity leave for 20 weeks....
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20/12/2010
New limits | Annual increases
The government has announced RPI linked changes to tribunal rates and proposed rates for family leave....
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20/12/2010
Bonus payments | Case law round up
There have been a couple of interesting cases surrounding entitlement to bonus payments. We round them up....
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20/12/2010
Preventing Illegal Working
The UK Border Agency has updated its guidance for preventing illegal working....
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03/12/2010
Don't bury your head in the snow
As it looks likely that the wintery weather will continue to cause disruption into next week our message to you is not to bury your head in the snow but 'snow your rights'....
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10/11/2010
Equality Act 2010 | Problems with compromise agreements
Can you safely compromise claims under the Equality Act 2010?...
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10/11/2010
Employers' Checklist | Pre-employment health related questions
Pre-employment health related questions...
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22/10/2010
Agency Worker Regulations 2010 | no amendments to be made
In a written statement on Tuesday 19 October 2010 the Government has announced that it will not be making any changes to the Agency Worker Regulations 2010....
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22/10/2010
Retirement ages and age discrimination
Two European cases have cast some light on the position for employers if and when the default retirement age is removed as is currently proposed by the Government by October 2011....
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15/10/2010
Equality Act 2010 | Statutory Codes and forms for obtaining information
Draft Codes were placed before Parliament on 12 October 2010 and forms for 'obtaining information' have been finalised....
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15/10/2010
Changes to Immigration Rules and guidance for Tier Two applications
The Home Secretary has made changes to the 'Immigration Rules' by way of a Statement of Changes. ...
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15/10/2010
Additional paternity leave Regulations
The Additional Paternity Leave Regulations 2010 will apply to parents of babies born on or after 3 April 2011. A recent European case could would well cause the Government to revisit the fu...
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15/10/2010
Disciplinary proceedings | Dismissal effective when dismissal letter read
The Supreme Court (formerly the House of Lords) has upheld a decision that a dismissal is not effective until the employee is told he or she is dismissed or when the letter of dismissal is a...
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01/10/2010
Amendments to employment agencies and businesses regulations
Amendments are being made to the Conduct of Employment Agencies and Employment Businesses Regulations 2003 from 1 October 2010....
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01/10/2010
Disciplinary procedures | Putting the correct allegation
The EAT has concluded that a dismissal was unfair where the allegation put to the employee was 'discrepancies in banking'. She was dismissed as it was believed she had stolen the money....
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01/10/2010
Disciplinary procedures | Keep the employee aware
An employee was wrongfully dismissed where the employer had not kept him 'fully informed of any perceived deficiencies in his conduct'....
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01/10/2010
Flexible working to be extended?
Plans were announced yesterday which will 'make it easier for people to balance work and family life'....
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15/09/2010
The Equality Act 2010 | What employers need to know A five minute over view
On 1st October 2010 the majority of the provisions of the Equality Act 2010 will come into force. The Act is designed to harmonise, strengthen and simplify discrimination law. It gives indiv...
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15/09/2010
Equality Act 2010 | Pre-employment health related questions outlawed
Many employers currently ask job applicants questions about their health and sickness record to help decide who to interview or employ. From 1 October 2010, section 60 of the Equality Act re...
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15/09/2010
Equality Act 2010 | Are contractual 'pay secrecy' clauses banned?
No the Equality Act 2010 does not outlaw the use of "pay secrecy" clauses in contracts of employment but section 77 makes them unenforceable when an employer seeks to prevent employees from ...
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15/09/2010
Equality Act 2010 | Can you explain the new employment tribunal power to make recommendations?
The Equality Act 2010 introduces a new power for the employment tribunal to make recommendations for the benefit of the wider workforce and not just the individual claimant. ...
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29/07/2010
Default Retirement Age | Phase out by October 2011
The Coalition Government has opened consultation today about the phase out of the default retirement age between April 2011 and October 2011....
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29/07/2010
Equality Act 2010 | Will it or won't it?
Doubts were cast over whether the main provisions of the Equality Act 2010 will come into effect as planned in October 2010. The Government has now announced that they will....
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29/07/2010
Fixed term contracts | Permanent employees
With effect from 10 July 2010, employees engaged on successive fixed-term contracts totalling four years or more will automatically become permanently employed unless the continued use of a ...
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29/07/2010
Data protection | New code of practice launched
The Information Commissioner has launched a new code of practice covering the use of personal data online. ...
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29/07/2010
Disciplinary procedures | Size of the uplift
In a case decided under the statutory dispute resolution procedures, guidance has been given by the EAT on how the size of any uplift should be determined. ...
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29/07/2010
Disciplinary procedures | Claims for breach of contract
The Court of Appeal has decided that an employee is entitled to compensation for damages arising from a dismissal conducted in breach of contract. Compensation is not limited to the cap on ...
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29/07/2010
Sexual harassment | Years of unwanted behaviour
Unwanted conduct of a sexual nature stretching back years can be grounds for successful claims for sexual harassment....
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29/07/2010
Transfer of Undertakings | Scope of 'ETO reason'
The EAT has concluded that an ETO reason for a dismissal can apply where the relevant change applies only to part of the workforce. ...
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29/07/2010
National minimum wage increases | Go ahead as planned
The Coalition Government has announced that it will not make any changes to the rates announced by the Labour Government and they will go ahead as planned from 1 October 2010. ...
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29/07/2010
Legislation under review | Round up
Immigration | Agency Workers Regulations 2010 | Bribery Act 2010 | Additional Paternity Leave...
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