News

New Law Increase for limits on tribunal awards from 1 February 2012 - 17/01/2012
All new figures apply where the effective date of termination is on or after 1 February 2012....
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New Law Ministry of Justice Consultation | Introduction of employment tribunal fees - 17/01/2012
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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Must Read Injunctions | Springboard protection - 17/01/2012
This case summary shows how employers can protect their confidential information and trade secrets by the use of injunctions....
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HR Practice Working Time Regulations | No detriment when employee required to sign opt-out to work overtime - 16/01/2012
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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Case Law TUPE | No service provision change where new activities are not essentially the same - 16/01/2012
For those of you who have to work with the TUPE regulations, this EAT case will provide added comfort....
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New Law Government delay response to consultation on Modern Workplaces - 19/12/2011
BIS announced that the response to consultation on Modern Workplaces will be delayed until early 2012....
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Case Law Holiday pay l Holidays and sickness absence - 19/12/2011
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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Must Read What did Vince Cable say and why? - 07/12/2011
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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Action Required TUPE and collective redundancies | call for evidence - 07/12/2011
If the balance of evidence calls for possible changes to the current regulations, there will be formal consultation in 2012....
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New Law Proposed employment law changes | a mixture of the good, the bad and the ugly - 07/12/2011
Radical changes to employment laws are on the way...
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Check List Quantrills Christmas party checklist | November 2011 - 28/11/2011
Don't be a party pooper ... Your checklist to beat the Christmas party blues...
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HR Practice Employment status | Weight Watchers are employees! - 21/11/2011
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 otherwise, rests with the employer and not the worker....
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Case Law Holiday pay | Entitlement to statutory holiday pay is lost if not requested by employee on long-term sick leave - 21/11/2011
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 to take that holiday....
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HR Practice Unfair dismissal | "Protected conversations" and an increase in the qualifying period for unfair dismissal. - 20/11/2011
The Prime Minister has announced that consultation will be undertaken about introducing the concept of "protected conversations"....
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Must Read Bribery Act | First convicted employee is jailed for six years - 20/11/2011
There is no doubt now that the Bribery Act can have serious consequences for the guilty....
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Must Read Fundamental changes to employment tribunals practice and procedures - 03/10/2011
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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Action Required Increase in National Minimum Wage rates - 02/10/2011
From 1 October 2011 these new minimum hourly rates apply....
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Case Law Unfair dismissal | Illegality and misrepresentation of employment status - 13/09/2011
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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Case Law Age discrimination | Justification - 13/09/2011
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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Briefing Note Understanding the Agency Workers Regulations 2010 - 13/09/2011
A Quantrills briefing note...
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Case Law Sickness absence and the entitlement to payment on termination of employment for untaken holiday. - 23/08/2011
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 take any holiday....
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Case Law Unfair dismissal | Breakdown in relationship was SOSR dismissal - 25/07/2011
An employee was dismissed for SOSR and not conduct when the relationship between him and his colleagues broke down....
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Case Law Unfair dismissal | Drinking alcohol did not justify summary dismissal - 25/07/2011
An employee who had a drink during working time was not fairly dismissed despite employer's policy....
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Case Law Disability discrimination | Reasonable adjustments and employer's knowledge of disability - 25/07/2011
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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Warning Compensation payments | Avoid using the term "ex gratia" - 25/07/2011
This article explains why you should not describe a compensation payment as being "ex gratia"....
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HR Practice Disciplinary proceedings | Right to legal representation - 25/07/2011
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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Case Law Unfair dismissal | Imposed pay cuts can be fair - 25/07/2011
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 reasonableness of the employee's refusal to accept the pay cut....
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Case Law Unfair dismissal | Dismissal of HGV drivers without licence was fair - 25/07/2011
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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New Law Bribery Act 2010 | Now in force from today 1 July 2011 - 30/06/2011
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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Case Law Unfair dismissal | Fair dismissal for Facebook posts - 26/05/2011
An employee was fairly dismissed for postings on facebook mentioning customers' first names but not her employer....
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Case Law Liable | but it was not a reference! - 26/05/2011
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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HR Practice Health and safety made simple | New website launched - 26/05/2011
The HSE has launched a new website; Health and safety made simple. ...
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New Law Consultation on modern workplaces - 26/05/2011
The Government has launched another consultation entitled 'Creating a Modern Workplace'. ...
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HR Practice Guide on 'managing age' - 26/05/2011
The CIPD and TUC have issued a free guide on 'Managing Age' following the abolition of the default retirement age. ...
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Case Law Unfair dismissal | Covert surveillance during sickness absence - 12/05/2011
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 medical opinion on whether the activities in the surveillance were cons...
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Case Law Termination of contract | Payment in lieu of notice terminates contract - 12/05/2011
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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Case Law Harassment | An offensive employee not harassed - 12/05/2011
The EAT has concluded that an employee whose own behaviour was offensive had not been unlawfully harassed. ...
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Warning Disability | Guidance on meaning of disability - 12/05/2011
The statutory guidance on the meaning of disability under the Equality Act 2010 came into effect on 1 May 2011. ...
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New Law Final guidance | Agency Workers Regulations - 12/05/2011
The Department for Business, Innovation and Skills has published its final guidance on the Agency Workers Regulations. ...
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New Law Yet another review of employment law? - 12/05/2011
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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Action Required New rates | National minimum wage - 20/04/2011
The national minimum wage rates which take effect from 1 October 2011 have been announced....
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New Law Guidance published | Agency Workers Regulations - 20/04/2011
The Department for Business, Innovation and Skills has published in draft the 'Agency Workers Regulations Guidance April 2011'. ...
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Case Law TUPE and redundancy | Selection following a transfer - 20/04/2011
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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Case Law Philosophical belief | Belief in anti-fox hunting and higher purpose of public service broadcasting both protected - 20/04/2011
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) Regulations 2003....
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Case Law Unfair dismissal | Erroneous absence warning makes dismissal unfair - 20/04/2011
A warning issued to an employee for an absence which did not qualify for a warning made the dismissal unfair. ...
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Must Read Bribery Act 2010 | Coming into force on 1 July 2011 - 31/03/2011
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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Must Read Scrapped! | Flexible working and time off to study and train - 29/03/2011
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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New Law Changes on 6 April 2011 - 29/03/2011
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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New Law Changes on 5 April 2011 - 29/03/2011
The public sector equality duty under the Equality Act 2010 is expected to come into force on 5 April 2011....
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New Law Changes on 3 April 2011 - 29/03/2011
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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New Law The 2011 Budget - 29/03/2011
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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Check List The month that was March 2001 - 13/03/2011
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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Case Law Constructive dismissal | employer's intention may be relevant to test for constructive dismissal - 13/03/2011
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 employment relationship with the relevant employees. ...
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Case Law Unfair dismissal | defective final written warning can make subsequent dismissal unfair - 13/03/2011
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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Check List Eight HR policies to update to successfully manage your older employees after the abolition of the default retirement age - 11/03/2011
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 them....
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HR Practice Can you keep a fixed retirement age? - 11/03/2011
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 concept of retirement at a fixed age completely as a people managem...
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Warning Abolition of default retirement age | what are the transitional provisions? - 11/03/2011
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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Must Read Abolition of default retirement age | Executive briefing - 11/03/2011
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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Must Read Abolition of the default retirement age | updated transitional regulations published - 02/03/2011
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 transitional arrangements. Revised regulations have been published....
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Must Read Abolition of default retirement age | draft regulations published - 19/02/2011
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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Warning Reminder | New compensation limit now £68,400 - 16/02/2011
Employment tribunal compensation limit from 1 February 2011 is now £68,400....
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New Law Time off for training | extension to small employers delayed - 16/02/2011
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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New Law Implementation of European legislation - 31/01/2011
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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Case Law Discrimination | Cost as a justification - 31/01/2011
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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Case Law Redundancy | Pool of Selection - 31/01/2011
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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HR Practice Royal wedding | Royal employment issues? - 31/01/2011
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 about how you will staff your business or whether you must pay s...
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HR Practice Looking Back | 2010 - 31/01/2011
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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Must Read Looking forward | 2011 - 31/01/2011
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 introduction of the Bribery Act. ...
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Must Read STOP PRESS | End of default retirement age not to be delayed - 13/01/2011
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 staff when they reach the age of 65. ...
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HR Practice Preventing Illegal Working - 19/12/2010
The UK Border Agency has updated its guidance for preventing illegal working....
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Case Law Bonus payments | Case law round up - 19/12/2010
There have been a couple of interesting cases surrounding entitlement to bonus payments. We round them up....
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Must Read New limits | Annual increases - 19/12/2010
The government has announced RPI linked changes to tribunal rates and proposed rates for family leave....
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HR Practice Maternity pay | full pay for 20 weeks stalled - 19/12/2010
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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HR Practice Don't bury your head in the snow - 03/12/2010
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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HR Practice Employers' Checklist | Pre-employment health related questions - 10/11/2010
Pre-employment health related questions...
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Must Read Equality Act 2010 | Problems with compromise agreements - 10/11/2010
Can you safely compromise claims under the Equality Act 2010?...
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Case Law Retirement ages and age discrimination - 21/10/2010
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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HR Practice Agency Worker Regulations 2010 | no amendments to be made - 21/10/2010
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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HR Practice Disciplinary proceedings | Dismissal effective when dismissal letter read - 15/10/2010
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 actually read....
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Case Law Additional paternity leave Regulations - 15/10/2010
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 fundamental rights under the Regulations....
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HR Practice Changes to Immigration Rules and guidance for Tier Two applications - 15/10/2010
The Home Secretary has made changes to the 'Immigration Rules' by way of a Statement of Changes. ...
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HR Practice Equality Act 2010 | Statutory Codes and forms for obtaining information - 15/10/2010
Draft Codes were placed before Parliament on 12 October 2010 and forms for 'obtaining information' have been finalised....
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New Law Flexible working to be extended? - 30/09/2010
Plans were announced yesterday which will 'make it easier for people to balance work and family life'....
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Case Law Disciplinary procedures | Keep the employee aware - 30/09/2010
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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HR Practice Disciplinary procedures | Putting the correct allegation - 30/09/2010
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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New Law Amendments to employment agencies and businesses regulations - 30/09/2010
Amendments are being made to the Conduct of Employment Agencies and Employment Businesses Regulations 2003 from 1 October 2010....
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Warning Equality Act 2010 | Can you explain the new employment tribunal power to make recommendations? - 15/09/2010
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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New Law Equality Act 2010 | Are contractual 'pay secrecy' clauses banned? - 15/09/2010
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 making "relevant pay disclosures". ...
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HR Practice Equality Act 2010 | Pre-employment health related questions outlawed - 15/09/2010
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 restricts an employer's ability to ask a job applicant questions ab...
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Must Read The Equality Act 2010 | What employers need to know A five minute over view - 15/09/2010
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 individuals greater protection from unfair discrimination. It makes it...
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HR Practice June 2010 Budget | Employment Implications - 29/07/2010
Although sometime ago, read on for a summary of the budget headlines as they relate to employment law and hr matters....
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Action Required Legislation under review | Round up - 29/07/2010
Immigration | Agency Workers Regulations 2010 | Bribery Act 2010 | Additional Paternity Leave...
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Action Required National minimum wage increases | Go ahead as planned - 29/07/2010
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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Case Law Transfer of Undertakings | Scope of 'ETO reason' - 29/07/2010
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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Case Law Sexual harassment | Years of unwanted behaviour - 29/07/2010
Unwanted conduct of a sexual nature stretching back years can be grounds for successful claims for sexual harassment....
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Case Law Disciplinary procedures | Claims for breach of contract - 29/07/2010
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 compensation in cases of unfair dismissal....
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Case Law Disciplinary procedures | Size of the uplift - 29/07/2010
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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HR Practice Data protection | New code of practice launched - 29/07/2010
The Information Commissioner has launched a new code of practice covering the use of personal data online. ...
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Action Required Fixed term contracts | Permanent employees - 29/07/2010
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 fixed-term contract can be objectively justified....
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Action Required Equality Act 2010 | Will it or won't it? - 29/07/2010
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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Warning Default Retirement Age | Phase out by October 2011 - 29/07/2010
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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Must Read Vetting and barring registration delayed - 15/06/2010
The requirement to register under the vetting and barring scheme, due to be implemented on 26 July 2010, is to be delayed....
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Warning Employment law under the coalition | What to look out for | Update - 26/05/2010
Following the release of the Coalition's detailed agreement, 'The Coalition: our programme for government' ('the Programme for Government'), last week and the Queen's Speech on 25 May 2010, the extent to which employers should brace themselves for what is...
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HR Practice Unfair Dismissal | Conflict in witness evidence - 20/05/2010
Where there is a conflict in the witness evidence obtained during an investigation and the employer cannot reasonably conclude one way or the other, it is 'proper' for the employee to be given the benefit of the doubt. ...
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Must Read Unfair dismissal | Reliance on informal warnings - 20/05/2010
The EAT has concluded that an employer, when dismissing for gross misconduct, can rely upon a previous and similar incident even though no formal warning was given....
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Case Law Disciplinary proceedings | Concurrent police investigation - 20/05/2010
In a welcome decision for employers, the EAT has decided that employers have a wide discretion on whether to continue or postpone their own investigation when the police are also investigating the same issue. ...
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Case Law Age discrimination | Requirement for a degree - 20/05/2010
The Court of Appeal has concluded that it is not discriminatory on the grounds of age to require certain staff nearing retirement to hold a degree....
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Case Law Whistleblowing | Disclosures to previous employer protected - 20/05/2010
The whistleblowing provisions protect an employee from treatment arising from a disclosure made whilst working for a previous employer....
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HR Practice Is your organisation World Cup fit? - 20/05/2010
The World Cup and the inevitable possible employee absentee problems that it may generate need not be a problem. Handled well, itthe World Cup is a great opportunity to build upon (or rebuild) goodwill lost during the recession. With a little training y...
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New Law Equality Act 2010 | A two minute summary - 20/05/2010
The Equality Act passed into law on 6 April 2010 with many of its provisions coming into effect in October 2010. The intention of the Act is to harmonise the fragmented discrimination legislation but it also introduces some new restrictions which you nee...
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Warning Employment law under the coalition | What to look out for - 20/05/2010
The Queen's Speech will take place on 25 May 2010, setting out the intentions of the new coalition government. It is not yet clear how the coalition government will deal with various employment law matters and their respective manifesto commitments, part...
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Case Law Breach of contract | Termination date later than notified - 05/04/2010
The High Court has held that an employee was not dismissed when the employer told him that he was being summarily dismissed but on a later date when the employer stated that it was exercising its contractual right to dismiss and pay in lieu of notice....
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Case Law Disciplinary proceedings | Injunction granted to stop - 05/04/2010
The Court of Appeal has upheld an injunction preventing an NHS Trust from commencing disciplinary proceedings against a consultant forensic psychiatrist....
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New Law Changes coming into effect on 6 April 2010 - 05/04/2010
A number of changes come into effect on 6 April 2010, in particular the new 'fit' notes....
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New Law Increase in statutory maternity, paternity and adoption pay - 05/04/2010
With effect from 4 April 2010 the rates for maternity, paternity and adoption pay increased....
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Warning The law is changing | Independant Safeguarding Authority - 24/03/2010
Anyone wanting to undertake a regulated activity with children or vulnerable adults will be required to register with the ISA by law....
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New Law Employment status | Revised HMRC employment status manual - 24/03/2010
HM Revenue & Customs has revised its Employment Status Manual to take account of recent case law. ...
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Case Law Unfair dismissal | No remedy for a constructive dismissal - 24/03/2010
The Court of Appeal has overturned a decision that an employer can remedy a breach of the implied term of trust and confidence....
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Case Law Contracts of Employment | Making changes without consent - 24/03/2010
The EAT has ruled that Asda could rely on a contract term to impose a change without consent....
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Must Read Holidays | Sickness during holiday - 24/03/2010
An employment tribunal has ruled that the Working Time Regulations can be interpreted to permit the carry over of holiday from holiday year to holiday year where holiday cannot be taken due to sickness. ...
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New Law New Government "fit note" to be introduced on 6 April 2010 - 08/02/2010
The new "fit note" will be introduced to replace the GP's sick note. It will be called the Statement of Fitness for Work. The reforms are designed to help employees return to work more quickly after a period of illness or injury....
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HR Practice No more blacklisting of trade union members - 30/01/2010
It is anticipated that between February and April 2010 new regulations banning blacklists of trade union members will come into force. ...
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New Law Data Protection Act 1998 | new £500,000 fine for serious breaches - 30/01/2010
The Information Commissioner has been given the power to impose fines of up to £500,000 for serious breaches. ...
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Must Read Public sector employees | right to legal representation - 30/01/2010
Public sector employees may have the right to be legally represented at disciplinary hearings if there is the possibility that their dismissal will prevent them from working in their profession in the future. ...
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Warning Employment Tribunals | New compensation limits - 30/01/2010
New tribunal compensation limits for a week's pay and unfair dismissal apply from 1 February 2010....
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HR Practice Employment tribunals | 2008/09 statistics - 09/12/2009
The employment tribunal annual report has been issued and shows a marked decline in claims accepted by the employment tribunal service in 2008/09. ...
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Action Required Agency Workers Directive | consultation response - 09/12/2009
Government has published its response to the first consultation on the introduction of the Agency Workers Directive....
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Case Law TUPE | Obligations to inform - 09/12/2009
The Court of Appeal has decided that the obligation to inform under TUPE requires the employer to provide information that they genuinely believe to be correct even if it proves to be wrong. ...
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Action Required Equal pay | Length of service related pay - 09/12/2009
The Court of Appeal has held that an employer will be required to justify the use of length of service as a criterion for setting pay levels where an employee provides "evidence capable of raising serious doubts" on its appropriateness. ...
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Must Read Employment status | sham contracts - 09/12/2009
The Court of Appeal in Autoclenz Ltd v Belcher has held that tribunals must focus on the actual legal obligations of the parties and not just take into account express contractual provisions....
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Case Law Disability discrimination | exemption from making reasonable adjustments - 09/12/2009
A new two-stage test has been advanced by the EAT....
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New Law Immigration | new advertising rules - 09/12/2009
Changes take effect from 14 December 2009....
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Case Law Unfair dismissal | Request by third party to dismiss - fair or unfair? - 09/12/2009
A dismissal of an employee at the request of a third party was fair as the employer had acted reasonably and was able to show that it had done what it could to persuade the third party to change its position....
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Must Read Religious discrimination | no discrimination or unfair dismissal of Christian relate counsellor - 09/12/2009
There was no direct or indirect discrimination on religious grounds of a Christian Relate counsellor who refused, because of his religious beliefs, to provide counselling to same-sex couples....
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Case Law Wrongful dismissal | No damages for wrong decision to dismiss - 09/12/2009
The High Court has recently confirmed that damages for wrongful dismissal are limited to loss of earnings for the time it would take for the contractual disciplinary procedure to be completed and the employee's contractual notice period....
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Warning Compromise agreements | Entire agreements? - 09/12/2009
A compromise agreement which includes an 'entire agreement' clause will not necessarily override all pre-existing agreements....
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New Law Reminder | New rates for National Minimum Wage and redundancy - 01/10/2009
From 1 October 2009 new National Minimum Wage rates and an increase to the maximum weekly pay for statutory redundancy purposes applies....
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HR Practice The Supreme Court - 01/10/2009
The Supreme Court is sworn in today and replaces the Appellate Committee of the House of Lords and the Judicial Committee of the Privy Council....
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Warning Recruitment | Employing illegal workers - 01/10/2009
The Attorney General, Baroness Scotland, has been fined £5,000 for negligently employing an individual who was not permitted to work in the UK....
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Must Read Discrimination | Compensation for injury to feelings - 01/10/2009
The Employment Appeal Tribunal has decided that the band of damages awarded for injury to feelings in discrimination cases should be increased....
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Must Read Age discrimination | Default retirement age of 65 is lawful - 25/09/2009
The High Court has decided today that the default retirement age of 65 is lawful. Employers can therefore continue to force employees to retire on or after their 65th birthday providing they comply with the statutory retirement procedure. ...
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Action Required Holiday | Right to defer holiday until after sick leave - 16/09/2009
The ECJ, on 10 September 2009, has decided that a worker whose annual leave coincides with a period of sick leave must have the option to take their annual leave at a different time....
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Warning Swine flu | Questions and answers - 16/09/2009
With the incidents of swine flu anticipated to rise as autumn closes in and with winter on the way, we have found that the guidance about the swine flu pandemic is many and varied....
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New Law Maternity leave | six months' maternity leave to be transferable to father - 16/09/2009
Yesterday the Government announced it will consult shortly on new regulations that will give families greater flexibility in how they choose to look after their children. This new provision will be available during the second six months of the child's li...
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HR Practice Stratford Employment Tribunal moves to new home - 15/09/2009
As from 24 September 2009 the Stratford Employment Tribunal moves to its new home....
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New Law New rates | National Minimum Wage and redundancy - 15/09/2009
From 1 October 2009 new National Minimum Wage rates and an increase to the maximum weekly pay for statutory redundancy purposes will apply....
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HR Practice Guidance on the Employment of Children - 15/09/2009
The Department for children, schools and families has published a useful booklet explaining the law and best practice of employing children under the school leaving age....
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Case Law Race discrimination | benign motive no defence - 15/09/2009
In Amnesty International v Ahmed the EAT held that the employer's benign motive did not avoid a finding of direct race discrimination but the employer was not guilty of constructive unfair dismissal....
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HR Practice Employment Tribunal Service and ACAS annual reports - 29/07/2009
The Tribunal Service and ACAS have published their annual reports....
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New Law Disability Discrimination | latent health conditions - 29/07/2009
A latent health condition that may recur or is kept under control by medication may nevertheless mean an employee is a "disabled person" under the Disability Discrimination Act 1995....
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Must Read Unfair dismissal | Admissions are no substitute for investigation - 29/07/2009
The EAT has found the dismissal of an employee unfair even though the employee admitted the behaviour relied on by the employer....
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New Law NHS disciplinary hearings | the right to legal representation - 29/07/2009
NHS doctors and dentists are entitled to legal representation at internal disciplinary hearings concerned with serious allegations. This right may apply to all public bodies....
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Case Law Disability discrimination | act of dismissal may also be discriminatory - 29/07/2009
The EAT has held that a college's failure to make reasonable adjustments to avoid a disabled employee's dismissal made the act of dismissal itself an act of disability discrimination....
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Case Law Whistleblowing | what was the principal reason for dismissal? - 09/07/2009
An employment tribunal must take a holistic approach when deciding if an employee was dismissed for whistleblowing. It should not look at one event in isolation....
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HR Practice TUPE | New BIS guidance published - 09/07/2009
The Department for Business, Innovation & Skills (BIS) (we still don't like the name) has published a useful new guide about the Transfer of Undertakings (Protection of Employment) Regulations 2006, Employment rights on the transfer of an undertaking (Jun...
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Must Read Unfair dismissal | effective date of dismissal is when employee reads dismissal letter - 09/07/2009
For the purposes of the three month time limit for unfair dismissal claims, the effective date of termination is when the dismissal decision is communicated to the employee. This means it is when the employee is told he or she is dismissed or when the let...
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Action Required Consultation on "no win no fee" agreements - 09/07/2009
The Ministry of Justice is currently consulting on the use and terms of "no win no fee" agreements which are increasingly used to fund tribunal cases. Regulations are to be introduced to provide employees with protection from unscrupulous advisers who imp...
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Case Law Equal pay | Piggy back equal pay claims - 09/07/2009
The EAT decided that a man may bring an equal pay claim on the back of a successful equal pay claim by a female colleague....
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HR Practice Goodbye BERR - 22/06/2009
The Government has announced that the Department for Business, Enterprise and Regulatory Reform has been rebranded as Department for Business Innovation and Skills....
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New Law New rates | redundancy - 22/06/2009
The 2009 budget increase to £380 of the maximum weekly pay for statutory redundancy purposes will take effect from 1 October 2009....
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HR Practice Tier 2 shortage occupation list changed - 22/06/2009
With effect from 15 June 2009, the Government has updated the list of occupations where there is a shortage of skilled workers....
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Action Required Recruitment | Failure to mention medical history was not misrepresentation - 22/06/2009
Cheltenham Borough Council attempted to argue that a senior employee's failure to provide details of her history of stress and depression in a pre-employment medical questionnaire was fraudulent and negligent misrepresentation. The High Court rejected th...
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Case Law Working Time Regulations | Sickness absence and paid annual leave - 22/06/2009
We provide an update on employees who are on sick leave and paid annual leave entitlements: employees on long-term sick leave are entitled to take paid leave under the Working Time Regulations. ...
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Must Read Working Time Regulations | failure to pay statutory annual leave is a deduction from "wages" - 22/06/2009
In the long-running series of cases of Stringer and others v HM Revenue and Customs the House of Lords has decided that the non-payment of statutory annual leave can be claimed as an 'unauthorised deduction of wages' under the Employment Rights Act 1996 a...
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New Law New rates | National Minimum Wage and redundancy - 15/06/2009
From 1 October 2009 new National Minimum Wage rates will apply. Also, as part of the 2009 budget, the chancellor announced an increase to the maximum weekly pay for statutory redundancy purposes....
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Case Law Statutory dispute resolution procedures | correcting a mistake - 15/06/2009
The EAT has held that the statutory dismissal and disciplinary procedure was complied with even though no step one letter was sent to the employee prior to him being told that he was redundant. ...
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HR Practice Dismissal | what is the effective date of termination? (update) - 15/06/2009
In February 2009 we reported on the case of Radecki v Kirklees Metropolitan Borough Council. The Court of Appeal has overturned the decision....
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Case Law Constructive unfair dismissal | No claim when employer upholds grievance - 15/06/2009
Where an employee's grievance is upheld by his or her employer, this can remedy a breach of the implied term of trust and confidence which the employee could have relied upon to justify resignation....
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Must Read Redundancy | length of service may be valid criterion - 15/06/2009
The Court of Appeal has held that the use of length of service as a "deciding factor" in a redundancy selection matrix is lawful....
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Action Required Unfair dismissal | Comments on facebook - 19/03/2009
Would you want to dismiss if one of your employees described their job as boring? One employer recently did according to a report by BBC news. Will that employer be able to successfully defend themselves if that employee brought a claim for unfair dismiss...
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New Law Age discrimination | Default retirement age may be permissible - 19/03/2009
The ECJ has decided on the ongoing case commonly referred to as Heyday. The ECJ has decided that the default retirement age of 65 may be permissible under European law. The High Court must now decide if the default retirement age is justified.. ...
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New Law Employment Tribunals | New Procedural rules - 19/03/2009
From 6 April 2009 new procedural rules come into force in relation to the conduct of employment tribunal cases introduced by the Employment Act 2008. For the technically minded....
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Warning Acas Code | Potential headaches to watch out for - 19/03/2009
Whilst it is fair to say that best practice advice should not change greatly in light of the new law, there are a number of potential headaches which arise from the wording of the new Acas Code of Practice....
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HR Practice Acas Code | Handling misconduct or poor performance - 19/03/2009
Click here for a summary of how to handle misconduct or poor performance issues based on the new Acas Code....
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New Law New Acas Code of Practice on Disciplinary and Grievance Procedures - 19/03/2009
From 6 April 2009 a new approach to dealing with employee discipline, dismissals and grievances comes into force following the complete abolition of the statutory dispute resolution procedures. A new Acas Code of Practice on Disciplinary and Grievance Pro...
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Must Read Unfair dismissal | No more statutory dismissal or grievance procedures! - 19/03/2009
From 6 April 2009 a new approach to dealing with employee discipline, dismissals and grievances comes into force. The much criticised and unworkable statutory dismissal, disciplinary and grievance procedures are completely repealed. Click here for details...
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HR Practice Dismissal | how far can an employer go without actually dismissing? - 19/02/2009
Stating an effective date of termination in a draft compromise agreement and removing an employee from the employers payroll were held in the case of Radecki v Kirklees Metropolitan Borough Council to not be enough to constitute dismissal....
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New Law Compensation limits | 1 February 2009 increases - 19/02/2009
On 1 February every year certain figures which are used for calculating employment compensation change....
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New Law Statutory Pay | Weekly pay increases from 6 April 2009 - 19/02/2009
HM Revenue & Customs has announced new rates which are due to take effect from 6 April 2009 onwards. Statutory sick pay is set to increase from £75.40 per week to £79.15 per week....
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Warning Health and safety | new Act increases penalties to employers - 19/02/2009
The Health and Safety (Offences) Act 2008 has recently come into force, applying to all health and safety offences committed from 16 January 2009 onwards....
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HR Practice Unfair dismissal | Imposition of new terms was a dismissal - 19/02/2009
Employees who received letters from their employer informing them that their contracts of employment would be terminated but that they would be re-engaged on new less favourable terms were found by the EAT to have been dismissed....
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HR Practice Unlawful deductions from wages | what is a valid claim? - 19/02/2009
A worker has a valid unlawful deduction from wages claim only when it relates to wages that have in fact become payable. No claim exists when it relates to wages that are paid based on a certain event occurring if that event did not happen. Here the claim...
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HR Practice Race discrimination | redundancy was unfair and discriminatory - 19/02/2009
The facts of this case illustrate why employers must take care when implementing any redundancy related dismissals to avoid significant compensation claims. In Abbey National plc v Chagger the EAT confirmed that the claimants selection for redundancy was ...
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Must Read Family friendly rights | time off to care for dependant - 19/02/2009
Employees are entitled to take a reasonable amount of time off work in order to take necessary action to sort out arrangements for the care of a dependant in circumstances where the existing care arrangements have been disrupted or terminated unexpectedly...
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Action Required Working Time Regulations | can a sick worker really go on holiday? - 18/02/2009
The ECJ has held that a worker on sick leave accrues annual leave despite not working. It is for member states to decide if leave can be taken whilst on sick leave but in any event workers must be allowed to carry forward any unused leave. Plus the right ...
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New Law 2008 review | the highlights and lowlights - 18/02/2009
2008 was another busy year in employment law, with a number of significant changes affecting employers. Our selection of 2008 top ten main principles established by the raft of new case law and legislation is set out in our checklist. ...
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New Law What to look out for in 2009 - 18/02/2009
2009 promises to be another year full of developments, if not always surprises, in employment law. We thought we would give you a brief heads up on what you might expect to see in the coming months, ahead of more details being provided in our future newsl...
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