Clarkslegal LLP - Solicitors in Reading and London

Employment - Legal Updates

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Sep
07
2011

The AWR: Mr Cameron`s dilemma
#Employment

It has been reported that the Prime Minister has secretly commissioned his own legal advice on the upcoming Agency Workers Regulations (AWR). Mr Cameron is reported to be concerned about the impact the AWR could have on the fragile UK economy. He is thought to have sought advice on ways in which the AWR could be diluted....

Sep
06
2011

New UKBA website launched but is it `improved`?
#Employment

Re-launched on 4 September 2011, the UKBA’S website has brought together all the agencies online content. The integration covers the Visa Services website and most of the 200 country websites which have been hosted by the Foreign & Commonwealth Office and commercial partners overseas. Remaining country websites are due to be brought into this website by the end of September. &nbsp...

Sep
06
2011

Moaning about work on Facebook
#Employment

There have been a spate of cases recently concerning employees & their use of Facebook to moan about work. However, this case shows that derogatory comments about work by an employee will not always justify dismissal....

Sep
05
2011

Crown Prosecution Service to bring first Bribery Act prosecution
#Employment

 The Crown Prosecution Service have announced this week that they intend to try the first Defendant allegedly guilty of offences under the Bribery Act on 14 October 2011. Munir Yakub Patel, a clerk in the  Redbridge Magistrates Court,  has been charged with requesting and receiving a bribe intending to improperly perform his functions under Section 2 of the Act. He allegedly accep...

Sep
05
2011

A fall in Tribunal claims - can the system now relax?
#Employment

Given the recent press regarding Government proposals to reduce Tribunal claims it is perhaps surprising that there has been an 8% fall in claims to the Tribunal from last year.  However this fall should be taken in context - last year`s figures showed a 56% increase in claims and this year`s figures represent a 44% increase on the 2008-9 number.  The small reduction this year...

Sep
01
2011

Agency workers: The countdown begins
#Employment

The Agency Workers Regulations 2010 come into force on 1 October. The Regulations will see a shift in the rights of agency workers or ‘temps`. All those who use agency workers should be aware of these changes....

Sep
01
2011

Armed Forced Cuts - lessons for employers
#Employment

Defence Secretary Liam Fox has been defending cuts to the armed forces which will reportedly see around 12,000 jobs being cut from the Army and RAF combined.  This week alone 930 RAF and 920 Army personnel are being told that they will be made redundant. The political parties are typically each blaming eachother for the redundancies, the Government effectively says it inherited a mess...

Aug
31
2011

Sex, power & pay inequality
#Employment

Another century of pay inequality? The BBC reports today on a study that claims the gender pay gap will last for another 98 years....

Aug
31
2011

Majority of Workers Unaware of 2012 Pension Reforms
#Employment

Are you aware of the pensions auto enrolment reforms? According to the Chartered Institute of Personnel and Development`s (CIPD) survey, 53% of workers in private and voluntary sectors are totally unaware of the pension reforms....

Aug
26
2011

More organisations turning to EU to fill highly skilled jobs despite annual cap, Tier 1 route for skilled non-EU migrants remains popular
#Employment

CIPD research has shown that, despite the government`s immigration cap, the number of firms planning to recruit migrant workers has risen. Out of organisations who took part in the institute`s summer Labour Market Outlook survey, 25% said they planned to recruit migrants in the next quarter. This is a rise of 22% from the survey carried out in the spring. Six in ten employers saw a lack of job-specific skills in the UK as the reason for continuing to look abroad....

Aug
26
2011

4 in 10 will be obese by 2030 - what impact will this have on your business?
#Employment

Results of research published this week predict that obesity rates in the UK will have risen to 40% of the population by 2030....

Aug
25
2011

Buddy`s survey and lobbying in the Modern Workforces Consultation
#Employment

Buddy put together a survey for Buddy members covering the Government`s proposals to change employment law with the aim of encouraging a more flexible and family friendly approach at work, as set out in the Department for Business, Innovation and Skills (BIS) Consultation on Modern Workplaces. The results proved very interesting and enabled us to gauge your opinion and feed this into the Confederation of British Industry (CBI) Consultation Working Group, which Clarkslegal was invited to join. The CBI has now published its response to the Consultation with the aim of influencing policymaking, to gain the best deal for employers. We would like to give a big thank you to everyone who gave their time to complete the survey and giving Clarkslegal a hand in lobbying the government! The consultation has now closed, with a response from the Government expected in November 2011. The Government`s proposals and the response to the proposals from both Buddy`s survey (from employer "Respondents" shown in blue) and Clarkslegal/CBI (shown in italics), are set out below....

Aug
25
2011

Drunken employee was unfairly dismissed
#Employment

The case of Ricketts v Parson Cross Domestic Abuse Project ET/2802125/10 will act as a reminder to employers of the importance of dealing with disciplinary matters consistently. In this case the Claimant, who the Tribunal accepted had attended work under the influence of alcohol, won her claim of unfair dismissal The Claimant was employed as a support worker for domestic abus...

Aug
25
2011

And the survey says... most UK bosses lack critical management skills according to their subordinates
#Employment

The results of a survey of over 1000 employees by the world’s largest executive recruitment business Korn/Ferry Whitehead Mann have revealed that good communication skills, integrity and motivational skills are valued as the most important leadership qualities by employees. The majority of the respondents to the survey however felt that the management in their organisation was lacking in su...

Aug
24
2011

Employee nicknamed "Borat" at work wins Race Discrimination Claim
#Employment

The employee, Adrian Ruda who was from Poland, worked at an engineering company in Wakefield in 2007. In 2010 he brought a number of claims against the company, including race discrimination and sexual orientation discrimination. The basis of his race claim was that the nickname given to him by his colleagues of “Borat”, a character from Kazakhstan created by Sacha Baron Cohen of Ali...

Aug
24
2011

Another dismissal following comments posted on Facebook...
#Employment

Following on from out previous blogs regarding employees who were dismissed for comments made on social networking site Facebook (one of which was held to be fair, the other unfair) it has been widely publicised today that Argos has sacked an employee suffering from cancer after he complained about his job on the site. David Rowat, a 56 year old father of three was sacked for alleged gross misco...

Aug
23
2011

Many workers eating habits are unhealthy
#Employment

The results of the Aviva Health in the Workplace survey published this week show that almost 1 in 3 (30%) of workers are unlikely to regularly take a lunch break during the working day. Although this number is still high, it has fallen by 7% since the 2009 survey results were received. As well as the third who regularly don’t take their lunch break, a further 25% will not have a break if t...

Aug
19
2011

Unfair dismissal claim only prevented if employee misrepresented his employment status
#Employment

The EAT has held in Connolly v Whitestone Solicitors UKEAT/0445/10/ZT that the question the tribunal should have asked when considering if it was contrary to public policy to allow an unfair dismissal claim to proceed, was whether the Claimant had claimed self-employed status with Her Majesty`s Revenue and Customs (HMRC) knowing that he was not entitled to do so, thereby misrepresenting his employment status. The decision provides clarity as to what the Court of Appeal meant by ‘misrepresentation` in Enfield Technical Services v Payne [2008] EWCA Civ 393....

Aug
15
2011

Bullying still going on claims first female Beefeater
#Employment

Buddy reported at the beginning of August on the employment tribunal case of the former Governor of the Tower of London, Major-General Keith Cima. He was sacked by Historic Royal Palaces (HRP) for allegedly calling Beefeaters "thick" and "the lowest of the low" and for criticising his employers. In defence, one of his claims was that he was forced out of his job after he stood up to ‘bullies` tormenting Moira Cameron, the first woman to join the Beefeaters....

Aug
15
2011

Friendship comes first for 3 in 4 employees
#Employment

According to a poll by recruitment website Monster, almost 3 in 4 workers (69%) would not inform bosses if they felt a colleague was not performing. 58% of respondents to the survey would instead to try to help their friend improve their work. A further 11% replied that if their boss did notice it was not their concern. The remaining 31% of employees however reported that they would inform their...

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