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Sep
21
2011

Can you change the reasons for dismissal on appeal?
#Employment

This is the question posed by the recent EAT case of Perry v Imperial College Healthcare NHS Trust.  In this case the employee worked for two different NHS Trusts in different roles.  She fell ill and, due to mobility prioblems, was signed off sick by Imperial.  She was well enough to continue with her other job and did so.  Imperial found out, felt she had&nbs...

Sep
19
2011

Should those deemed unattractive be protected under anti discrimination legislation?
#Employment

It was reported in this week’s Grazia magazine that a new cause of action in employment law is taking off in the United States, “Personal Appearance Discrimination”. A number of US States and districts (for example the District of Columbia and Santa Cruz, California) now protect personal appearance in the same way they protect racism, and sexual harassment. The definition of pe...

Sep
15
2011

Specific Public Sector Equality Duties Now In Force
#Employment

The Equality Act 2010 (Specific Duties) Regulations 2011 came into force on 10 September 2011.  The Regulations set out the specific public sector equality duties that certain public bodies must comply with.  The aim of the specific duties is to help public bodies comply with the general duty to promote equality in the workplace which has been in force since 5 April 2011. The first spe...

Sep
15
2011

Agency Workers Regulations 2010 - Anti Avoidance
#Employment

As has been recently well publicised, the Agency Workers Regulations 2010 (due to come into force next month), will provide agency workers with the same rights as employees with respect to pay and benefits after a 12 week qualifying period (i.e. a 12 week period working in the same role).  Specifically, provisions with respect to: basic pay, overtime, individual performance related bonu...

Sep
14
2011

Career break is not a reasonable adjustment
#Employment

Employers have a duty to make reasonable adjustments to mitigate the impact a provision, criterion or practice has on a disabled employee....

Sep
12
2011

Working Time & Compensatory Rest
#Employment

Under the Working Time Regulations a worker is entitled to a daily rest break if their daily working time exceeds six hours....

Sep
08
2011

Unequal Pay?
#Employment

The Equal Pay Act (now the Equality Act) was introduced to ensure that  men and a women performing equal work would receive the same pay, unless the difference could be shown to be because of a material factor other than sex. However a recent case has shown that a successful claim may result in the woman receiving more pay than her comparator. A woman can pursue an equal pay claim wher...

Sep
08
2011

NMW & Sleep
#Employment

Two cases have been reported concerning staff sleeping on the job and their rights to receive the NMW for this time. In both cases, the EAT highlighted the danger of confusing ‘work` for minimum wage purposes with ‘working time` under the Working Time Regulations 1998, as the tribunal in both cases appears to have done....

Sep
08
2011

ACAS publish social networking gudiance
#Employment

ACAS have published social networking guidance. It gives some tips on managing performance, recruitment/disciplinary issues, grievances, bullying, defamation, data protection and privacy....

Sep
08
2011

An AWOL employee cannot ‘self dismiss`
#Employment

Often, when faced with an employee who has gone AWOL,employers will write to the last known address, stating that if the employeedoes not get in touch within a specified period, it will be considered that hehas resigned.  In the recent case of Zulhayir v JJ Food Services Ltd, the EAThas held that in such circumstances, it cannot be said that there has been a ‘self-dismissal’.The...

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....

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