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Employment - Legal Updates

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Nov
22
2012

Definition of "short term duration" under TUPE
#Employment

The Employment Appeal Tribunal has provided guidance on what is meant by a "task of short-term duration" when interpreting the Transfer of Undertakings (Protection of Employment) Regulations 2006.   Background In Liddell`s Coaches -v- Cook and others UKEATS/0025/12 the EAT considered the Tribunal`s ruling that Mr Cook had not transferred to Abbey Coaches.    Mr Cook was employed as a driver...

Nov
16
2012

Spending cuts are affecting the health of UK workers, says TUC survey
#Employment

The top safety concerns cited this year by union safety reps in the TUC's tenth biennial survey this year were stress, bullying and harassment, problems relating to being overworked and violence and intimidation.   The TUC believes that these concerns are down to rising fears of insecurity and unease felt in the UK workforce due to spending cuts.   Safety reps in the TUC survey also raised co...

Nov
16
2012

New `employee owner` contracts - confusion to follow?
#Employment

The Law Society commented this week that the proposed new ‘employer owner` status will create confusion....

Nov
16
2012

Boris Johnson and CBI Director General, John Cridland attack Government`s immigration policy
#Employment

Boris Johnson and John Cridland have attacked the Government`s immigration policy as a block to economic growth. They are joined by the Chancellor, George Osborne who is urging the Home Secretary, Theresa May to steamline the bureaucracy surrounding immigration. Mr Cridland stepped up his criticism, asking the Prime Minister to scrap the net migration target which was badly hitting the Higher Ed...

Nov
13
2012

BNP member should have been protected against unfair dismissal
#Employment

This was the effective decision of the European Court of Human Rights in the case of Redfearn -v- United Kingdom (judgment given on 6 November 2012)....

Nov
13
2012

The Government to unveil plans for flexible parental leave today
#Employment

Following on from our article on flexible parental leave, Nick Clegg is today expected to announce the Government`s plans for a fully flexible system of parental leave which should come into effect in 2015. The plans would allow new mothers to return to work two weeks after childbirth and share the rest of their maternity leave with their partner, and follow the Government`s consultation on exten...

Nov
09
2012

Use of devices at work: ACAS recognises need for guidance on "bring your own" policy
#Employment

ACAS has recently published limited guidance in relation to bringing your own device to work policies, or ‘BYOD` for short.  Such a policy essentially covers the use of personal mobile phones and computers etc in the office or for work purposes.  Although this has its advantages, it could also throw up a number of problems for both employers and employees....

Nov
08
2012

TUPE - When there will be no service provision change?
#Employment

Regulation 3(1)(b) of TUPE provides employment protection to employees where there is a change of service provision.  It applies where a client contracts out of services, or takes it back in-house, or transfers the service from one provider to another....

Nov
05
2012

A "living wage" - Labour`s plans
#Employment

The Labour Party has announced that it wants to see employers paying employees a "living wage", which is higher than the national minimum wage.  The proposed living wage is £8.30 per hour for those working in London and £7.20 per hour for those working elsewhere.  This compares to the current hourly minimum wage of £6.19 for those over 21 years of age.   Labour has announced this as part of...

Nov
02
2012

Fathers may be able to take 12 months "maternity" leave in parental leave shake up.
#Employment

Have you started to consider how to cope with the "Modern Workplaces" proposals made by the government which may come in force in 2015? These proposals would allow working mothers and fathers to share 34 weeks of "flexible parental leave" following a reduced 18 week maternity leave period for the mother....

Nov
02
2012

Infection-prone condition: Is it a disability?
#Employment

The Employment Appeal Tribunal has recently overturned a Tribunal`s decision that a claimant diagnosed with Selective IgA Deficiency had a disability (Sussex Partnership NHS Foundation Trust -v- Norris).  Selective IgA Deficiency is a defect of the immune system, the usual symptoms of which are that people may suffer from recurrent diarrhoea and upper respiratory infections.    Miss Norris bro...

Oct
31
2012

The ongoing cause of stress: Was it due to the employer`s breach of duty or the employee`s marital breakdown?
#Employment

This was the question which the Court of Appeal has recently considered in the case of Thomas Brown -v- London Borough of Richmond upon Thames (decision handed down on 26 October 2012).   Mr Brown had worked for the London Borough for 38 years until his retirement on grounds of ill health on 19th May 2004.  Mr Brown`s last working day was 30 June 2003 when he suffered a mental breakdown. Th...

Oct
31
2012

Mental illness is the UK`s biggest health challenge says Ed Milliband
#Employment

Mental health problems are costing UK businesses £26bn and the NHS an extra £10bn a year.  Mr Milliband hopes to provide patients with the same legal right to mental health therapies as physical healthcare....

Oct
31
2012

"Where`s the Pope?" case - Clarkslegal successfully defends religious discrimination claim
#Employment

In Heafield v Times Newspaper Ltd, Mr Heafield was a practising catholic although his colleagues did not know this.  He worked as a casual sub-editor for The Times which involved him writing headlines and editing the stories provided by reporters to fit the editor`s specifications. Before being allocated a headline each story would be given a one word working title.  So for example a story about...

Oct
25
2012

When acceptance of contractual terms can be implied - restrictive covenants case
#Employment

In the case of FW Farnsworth Ltd and another v Lacy and others the High Court has held that an employee was bound by the terms of a new contract of employment provided to him after he was promoted, but which he had not signed and returned to his employer....

Oct
25
2012

Equal Pay
#Employment

The Supreme Court has just made it easier for employees to bring equal pay claims against their employers....

Oct
24
2012

Still no clarity from European Court on redundancy consultation in Nolan case
#Employment

The Court of Justice of the European Union ("CJEU") has decided against providing guidance on the correct trigger point for collective consultation where an employer wished to make twenty or more employees redundant....

Oct
24
2012

Accession of Croatia to the EU on 1st July 2013
#Employment

On 1st July 2013, the Republic of Croatia will gain accession to the EU. After this date, Croatian nationals will no longer be subject to immigration control. However, restrictions will be imposed on Croatian nationals which are similar to those imposed on Romanian and Bulgarian nationals....

Oct
18
2012

Gay couple win Berkshire B&B refusal case
#Employment

A gay couple booked to stay at a B&B in Berkshire. Upon arrival they were refused their room by the owner, Mrs Wilkinson. It has been ruled that they were discriminated against and they were awarded £1,800 each for "injury to feelings"....

Oct
16
2012

Trade Union recognition - jurisdiction and territorial limits
#Employment

The High Court considered in Netjets Management Limited v CAC and another [2012] EWHC 2685 what territorial limits exist on the Central Arbitration Committee`s (CAC) jurisdiction to consider a request for union recognition....

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