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Employment - Legal Updates

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Jun
10
2011

Fair to sack by text?
#Employment

The short answer is no! We are surprised that a Tribunal in Australia was even asked to consider it....

Jun
10
2011

Friday prayers at lunchtime
#Employment

In Cherfi v G4S Security Services Ltd (2011) the EAT has held that refusing to allow a security guard to attend a mosque on Friday lunchtimes was not indirect religious discrimination....

Jun
08
2011

Prison`s uniform policy banning the wearing of ceremonial daggers was justified
#Employment

Jagdip Dhinsa was a Sikh employed by Serco as a Prison Officer. Initiated Sikh`s often wear a Kirpan (a Ceremonial Dagger) as a symbol of their faith....

Jun
03
2011

Are you ready for auto enrolment?
#Employment

There is no getting away from it: people are living longer and not saving enough to give them the income in retirement that they would like. As life expectancy continues to increase, membership rates of employer-sponsored private schemes have continued to decrease. The Department of Work and Pensions (DWP) estimates that about seven million people in the UK are not currently saving enough for their retirement....

May
27
2011

Court of Appeal rules Sharon Shoesmith`s dismissal was procedurally unfair
#Employment

Ms Shoesmith, the former Director of Children`s services at Haringey Council who was sacked after the death of 17 month old Baby P, had challenged a High Court ruling that had cleared former Children`s Secretary Ed Balls and the local authority of acting unlawfully when she was dismissed....

May
27
2011

Constructive Dismissal for failing to publicise job vacancies
#Employment

In Aziz v Phillips and Cohen Associates (UK) Ltd ET/2405291/10 the Tribunal held that failure to comply with the terms of a staff handbook, which it found were contractual, and deal with a grievance appeal properly meant the Claimant had been constructively dismissed....

May
27
2011

Agency Workers Regulations Audit
#Employment

Does your business supply or use agency workers? If so, you will be affected by the Agency Workers Regulations. These Regulations give agency workers rights that they have never had before and businesses who are not up to speed could face Tribunal claims and awards of compensation being made against them....

May
27
2011

Narrowing of the retirement gender pay gap
#Employment

It has been reported by Prudential that women have narrowed the retirement gender pay gap by £900 as compared to last year, but still retire on average incomes 50% lower than men....

May
27
2011

Essential conditions for exercising right to retirement must have been spelt out
#Employment

In Bailey v R & R Plant (Peterborough) Ltd (2011), the EAT has held that in order to meet the requirement to inform an employee of their right to request working beyond retirement, an employer must have notified the employee of the essential conditions for exercising that right....

May
26
2011

Auto enrolment guidance published
#Employment

From next year, the introduction of "auto enrolment" will affect all employers with at least one worker in the UK. The Pensions Regulator has now published detailed guidance aimed at professional advisers, large employers with in-house pensions professionals, and those with a sound knowledge of pensions. The guidance sets out how employers should implement their new duties....

May
20
2011

Chefs in hot water
#Employment

The Daily Mail has reported this week that Celebrity Chef Gordon Ramsey`s Mother-In-Law is to sue him in the Employment Tribunal for alleged unfair dismissal, failure to make a redundancy payment, breach of contract and breaches of the working time regulations....

May
19
2011

Scrutiny of redundancy scoring exceptional
#Employment

In Dabson v David Cover & Sons (2011), the EAT has upheld the ET decision that the dismissal of the Claimant on grounds of redundancy was fair. The EAT held that when assessing the fairness of selection for redundancy, the marks awarded in the selection exercise should only be investigated in exceptional circumstances, such as bias or obvious mistake....

May
19
2011

Career long loss exceptional
#Employment

The Court of Appeal has held in Wardle v Credit Agricole Corporate and Investment Bank (2011), that tribunals should assess future loss of earnings up to the point when an employee is likely to secure an equivalent job. Assessment of career-long compensation will not be appropriate except where there is no real prospect of the employee ever obtaining an equivalent job. This may not produce an accurate result as things turn out, but it is the best that can be done to achieve finality in law....

May
19
2011

Consultation on Modern Workplaces
#Employment

You may have already seen our blog this week about the government proposals to introduce flexible parental leave. This is part of a consultation document entitled ‘Consultation on Modern Workplaces` launched by the Department for BIS and is not the only radical proposal for reform. This proposal and others include the following:...

May
16
2011

Stressed workers fear redundancy for speaking out
#Employment

Research by mental health charity, Mind published yesterday confirms that over 40% of employees are currently "stressed" or "very stressed" by their job. 70% of those surveyed felt that their boss would do nothing to help them alleviate their workplace stress....

May
16
2011

Radical proposals for parental leave & flexible working
#Employment

The Government has today launched a consultation on plans to introduce a new system of flexible parental leave, which could come into force from 2015....

May
13
2011

"Fit note" not fit for purpose say results of CBI survey
#Employment

When so called "fit notes" were introduced last year it was hoped that they would result in a decrease in sickness absence levels. A survey by the CBI of 223 employers published this week shows that they have failed to achieve this, and in fact the UK average level of sickness absence has increased....

May
13
2011

Cuts to public sector spending - the cost to the Third Sector
#Employment

The impact of the recession, a rise in the demand for services combined with a reduction in public and corporate income has undoubtedly created a challenging environment for charities and voluntary groups. The knock-on effect on jobs in the third sector, which rely on public sector contracts, is yet to be seen....

May
12
2011

Public Sector Equality Duty
#Employment

The new Public Sector Equality Duty, which came into force on 5 April 2011, requires public bodies to consider the impact of their policies and methods of delivering services on those who possess certain protected characteristics....

May
12
2011

Red Card for FIFA officials?
#Employment

The astounding allegations of bribes sought by four FIFA officials in return for their votes in support of England`s failed 2018 World Cup bid (http://news.bbc.co.uk/sport1/hi/football/9481563.stm) highlights just the sort of unethical behaviour the new Bribery Act 2010 is aimed at stamping out. Unfortunately these FIFA execs will not be able to be prosecuted under the Bribery Act because the alleged discussions obviously occurred before the Act comes into effect on 1 July this year....

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