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Apr
27
2012

Second Reading in House of Lords for Sunday Trading (London Olympic Games and Paralympic Games)
#Employment

Following our previous blog Draft Bill which suspends Sunday Trading Laws during Olympics and Paralympics, the Sunday Trading (London Olympic Games and Paralympic Games) Bill received its second reading in the House of Lords this week....

Apr
26
2012

Guidance from the Court of Appeal - disciplinary procedures, suspension for misconduct and police involvement
#Employment

The Court of Appeal (‘CA`) has recently provided useful guidance in the case of Crawford and another v Suffolk Mental Health Partnership NHS Trust [2012], as to the procedural standards an employer is expected to meet when a disciplinary procedure could have serious career long implications for an employee. The CA took the opportunity to offer guidance as to the appropriateness of suspension duri...

Apr
26
2012

BIS publishes Trade Union Membership statistics
#Employment

The Department for Business Innovation and Skils (BIS) has published its Trade Union Membership 2011 report statistics, based upon data supplied by the Labour Force Survey....

Apr
26
2012

Age Discrimination
#Employment

In the case of Homer v Chief Constable of West Yorkshire Police both the EAT and the Court of Appeal rejected the claim of indirect age discrimination....

Apr
24
2012

Can employment transfer from one company to another without the employee`s consent?
#Employment

We all know that where TUPE applies, employment contracts automatically transfer from one employer to another, subject to the employee`s right to object.  However, where TUPE is not relevant, old common law principles apply:  the employment of an employee cannot be transferred from one employer to another without the employee`s consent....

Apr
20
2012

Supreme Court to have final say in Birmingham equal pay case
#Employment

A recent development in Birmingham City Council v Abdulla (2011) has seen leave granted to Birmingham City Council to challenge the Supreme Court later this year, to decide whether claims can be brought in the civil courts where they will be in time, rather than restrict them to the ET where they will be out of time....

Apr
20
2012

ACAS guidance promoting positive mental health at work
#Employment

ACAS, in collaboration with the NHS` Mindful Employer initiative, has published a training package and guidance for employers aimed at promoting postive mental health in the workplace....

Apr
19
2012

Self-employed drivers subject to 48 hour week
#Employment

To accord with the EC Road Transport Directive, self-employed drivers will be become subject to the 48 hour average working week and the other provisions of the Road Transport (Working Time) Regulations 2005 from 11 May 2012....

Apr
17
2012

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Apr
17
2012

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Apr
17
2012

Recent employment law changes do not apply in Northern Ireland
#Employment

Following our recent blog highlighting the Employment law changes coming into effect in April 2012, employers should be aware that both the increase to the qualifying period for unfair dismissal from one to two years for new joiners and the changes to employment tribunal practice and procedure apply to England, Wales and Scotland and do not have effect in Northern Ireland....

Apr
16
2012

Respondent successful in cost application and EAT agrees
#Employment

In most cases in the Tribunal costs orders are the exception rather than the rule, unlike other areas of litigation where the general rule is that costs follow the event and the unsuccessful litigant normally has to foot the legal bill for the litigation....

Apr
16
2012

Australian Code rules for small employers?
#Employment

Some key changes to the law on unfair dismissal and tribunal procedure came into effect on 6 April 2012 for all employers in England, Scotland and Wales, in particular the increase in the qualifying period of employment from one to two years in order to bring a claim of unfair dismissal....

Apr
12
2012

Tier 2 Immigration Changes
#Employment

The Government announced last week further changes to the Immigration Rules in response to the MAC recommendations made in their report on the ‘Limit on Tier 2 (General) for 2012/13 and Associated Policies` published in February 2012.   Please see below for a summary of the three changes to the Tier 2 route.   1)     Restricted COS Annual limit   The annual limit of 20,700 Tier 2 (General)...

Apr
11
2012

Equal pay and productivity bonuses: Court of Appeal upholds EAT decision in Sunderland litigation
#Employment

In Sunderland v Brennan and another the Court of Appeal held that the EAT had correctly ruled on the question of whether the employer had established a "genuine material factor" (GMF) defence, in the Sunderland equal pay litigation....

Apr
04
2012

Immigration: Increase in Visa Fees
#Employment

From 6 April 2012 the UK Border Agency will be increasing visa fees for applications made outside and inside the UK. In addition, PBS sponsors under Tier 2, Tier 4 and Tier 5 routes will find fees for Certificate of Sponsorships/ Confirmation of Acceptance for Studies and sponsor licence applications increasing....

Apr
03
2012

Employment law changes coming into effect in April 2012
#Employment

The following changes came into force on 6 April 2012....

Apr
03
2012

Apprenticeships to last for a new minimum of 12 months
#Employment

Skills Minister John Hayes has announced a minimum duration of 12 months for all apprenticeships, guaranteeing improvements in training and workplace learning....

Apr
02
2012

When is the obligation to collectively consult triggered?
#Employment

In the case of the United States of America v Nolan, the Advocate General considered when the obligation to consult workforce representatives arises in the context of a collective redundancy....

Apr
02
2012

Statutory Retirement cases not yet a thing of the past
#Employment

The Court of Appeal has now heard the appeal in the case of R&R Plant (Peterborough) Ltd v Bailey and has upheld the EAT`s decision from last year....

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