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Employment - Legal Updates

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Aug
02
2013

Employment tribunal fees come in but remain under legal challenge
#Employment

Most controversial change to date? The introduction of Tribunal fees from 29 July 2013 is undoubtedly controversial and has sparked much debate...

Aug
02
2013

"Zero-hours" employment: employers targeted by unions
#Employment

The increasing use of "zero-hour" contracts by employers has been topical in recent months. Criticism has arisen because the employee must remain available for work whilst not being guaranteed regular hours and consequentially levels of pay remain unpredictable...

Jul
26
2013

6 employment law changes from 29 July 2013
#Employment

As previously mentioned on Employmentbuddy, there are six procedural employment law changes coming into effect on Monday, 29 July 2013. Tribunal fees. For the first time, claimants will have to pay fees to bring employment tribunal claims.  See our new factsheet Employment Tribunal Fees [LINK] Tribunal rules. The rules of procedure in employment tribunals have been overhauled, the most important change b...

Jul
26
2013

BIS to appeal Woolworth`s judgment
#Employment

The Department for Business, Innovation and Skills (BIS) has requested permission to appeal the recent judgment by the Employment Appeal Tribunal (EAT) in the Usdaw v Woolworths case that means that collective redundancies need not be "at one establishment" for there to be a requirement for the employer to consult. We will keep you posted....

Jul
19
2013

Red Tape Challenge Updates: How effective will the Government`s scissors be?
#Employment

The Government has put out a call for evidence regarding the whistleblowing framework and whether it is operating effectively in today`s labour market. They are particularly looking for feedback on the provisions which were unaffected by the recent changes in the whistleblowing legislation and are considering whether any aspects of the protections no longer...

Jul
19
2013

Relief for private sector contractors in Alemo-Herron case on TUPE
#Employment

The ECJ has just issued its judgment in the important Alemo-Herron case, of particular relevance to public sector contracting. In a decision which will come as a relief for private sector contractors, it has ruled that the Acquired Rights Directive precludes UK courts from adopting a "dynamic" rather than a "static" interpretation of TUPE. In other words, where transferring employees` contracts p...

Jul
19
2013

Setting up in competition, injunction granted on basis of "implied terms"
#Employment

The recent case of Whitmar Publications v Gamage [2013] provides guidance for employers who find themselves in competition with former employees, when these employees have taken steps to compete with their employer whilst they were still their employees. In Whitmar, three employees had worked for the Claimant, a publisher, for a number of years. In January 2013 they resigned from their employme...

Jul
12
2013

Settlement Negotiations - changes in force 29 July 2013
#Employment

On 29 July 2013, the following sections of Enterprise and Regulatory Reform Act 2013 (ERRA 2013) into force: Pre-termination negotiations- a new, but complex statutory framework that will allow for certain discussions to remain confidential from a tribunal in unfair dismissal cases only. Section 14. Compromise agreements and compromise contracts- will be renamed as "settlement agreements" in...

Jul
12
2013

Can an obese individual be classed as disabled under the Equality Act 2010?
#Employment

Under the Equality Act, a disability is a physical or mental impairment that has a substantial and long-term adverse effect on a person`s ability to carry out normal day-to-day activities.  In the case of Walker v Sita Information Networking Computing Ltd an employee suffered from a multitude of physical and mental symptoms described as functional overlay which was significantly compounded by his...

Jul
12
2013

Tribunal fees - legal challenge update
#Employment

The Scottish Court of Session has declined to grant any declaration concerning tribunal fees until a full hearing can take place. The case is relevant to England and Wales as the Lord Chancellor has conceded that a ruling by the Court of Session will bind the whole of the UK, not just Scotland....

Jul
05
2013

EC law means more collective redundancies for employers - Woolworths case brings sudden end to "establishment" test
#Employment

As reported in our blog on 7 June 2013, the Employment Appeal Tribunal has allowed an appeal by the union, USDAW, which fundamentally changes the application of the collective redundancy laws in the UK - subject to any appeal. The change has come about as a result of the decision by the EAT to apply UK employment law in conformity with EC Directive and will impose a significant burden on employers, particularly larger employers. This will be frustrating for the government, having reduced in April of this year the 90 day consultation period for large redundancy exercises to 45 days, in an attempt to reduce the burden....

Jul
05
2013

The ECJ to rule on the meaning of ‘establishment` for collective consultation purposes
#Employment

Following the Woolworths case there has been a lot of discussion on the meaning of one ‘establishment` for the purposes of collective redundancy consultations and the consequences of this....

Jul
05
2013

Judicial Review of Tribunal Fees
#Employment

The Government`s intention to introduce Tribunal fees from 29th July 2013 is quite possibly the most controversial change to the Employment Tribunal procedure that they have made to date....

Jun
28
2013

Chinese workers release their boss as strikes become problem for China
#Employment

A week later and finally Chip Starnes, from the US, president of Specialty Medical Supplies, is able to leave his office, after being barricaded in by his own employees at a factory in China....

Jun
28
2013

Employer made "mistake": £1.3 million bonus settlement was subject to tax despite no tax deduction clause
#Employment

In a dispute over whether tax was payable on a very large settlement sum, the High Court  has determined (no doubt, to the huge relief of the employer) that the proper construction of a clause "to pay £1,350,000" was that the sum was to be paid net of tax (that is, after deduction of income tax). The clause did not say that tax was deductible. The parties agreed that: The settlement sum was su...

Jun
26
2013

What if your top performer ends up like Nadal?
#Employment

With Wimbledon being televised this week, many people have tuned into the endless grunts and back hands of the tennis stars, including former number 1, Spanish favourite, Rafael Nadal. However this year, he was knocked out in the first round to Steve Darcis, ranked 135th  in the world.Nadal was expected to perform at a high standard, so when he was surprisingly kicked out this early on in the com...

Jun
21
2013

Zero-hours contracts under review by Government
#Employment

The Government is to review the use of controversial "zero-hours" contracts under which employees are put on standby and not guaranteed a minimum amount of work....

Jun
21
2013

UNISON brings legal challenge to employment tribunal fees
#Employment

UNISON has confirmed that is making an application to the High Court to challenge the introduction of fees in the employment tribunal system. This is a judicial review of the Ministry of Justice`s decision to introduce employment tribunal and Employment Appeal Tribunal fees from 29 July 2013. UNISON argues that these charges will make it ‘virtually impossible` for workers to exercise their employ...

Jun
18
2013

"Never volunteer" in the Army - except when it comes to redundancies.
#Employment

The Government is set to reduce the number of regular soldiers by nearly 4,500, 84 per cent of whom have volunteered to be made redundant. Following a defence review in 2010, this 3rd round of cuts further emphasises the Governments plan to reduce the number of regular soldiers to 82,000 by 2017. At the same time, there is a planned 100 per cent increase in the number of reservists from 15,000 to...

Jun
13
2013

Employees who breached consent order sentenced to 6 months in jail
#Employment

X and Y were employed by F, a producer of food stuffs. Y setup a competitor company (Z). F made a without notice application alleging tha tX had covertly passed sensitive information to Y and Z about F`s business. The High Court issued an order restricting X and Y from dealing with F`s confidential information. At a later hearing, X and Y agreed to a consent order that X wasnot to work in any busine...

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