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Employment - Legal Updates

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Nov
26
2010

Most people jump for joy at the thought of retirement - or do they?
#Employment

The evidence is that older workers are seen as valuable employees who bring vital skills, knowledge and experience to their jobs. Negative stereotypes about their abilities seem to be declining. The focus from managers is moving to talent and performance rather than age which is helping to reduce the wasteful effects of discrimination, with age no longer having such a strong and unfair influence on the way decisions are made about people in connection with recruitment, job performance or selection from redundancy....

Nov
23
2010

Are you protected from employee data theft?
#Employment

Insider data theft is rife in the UK, a survey and figures from the High Court have shown. The survey of more than 1,000 UK employees by security firm Imperva found 72% admitted taking data, with customer records (50%) topping the list, followed by merger and acquisition plans (17%)....

Nov
18
2010

Will you send your employees abroad?
#Employment

Prime Minister David Cameron and Chinese Prime Minister Wen Jiabao recently witnessed the signing of a deal worth £750 million for Rolls Royce at the UK-China Summit. China is the world`s second biggest economy. Bilateral trade and investment is growing but there is scope for much more and exporting is important for UK growth and UK jobs. It is predicted that many small and medium sized enterprises from Britain will be expanding into China in areas such as low carbon growth, urban design and information and communication technology....

Nov
18
2010

Socio-economic duty scrapped but Government backs flexible working for all
#Employment

The Government has decided to abandon implementation of the "socio-economic" duty, which was to come into force under the Equality Act. This proposed duty was part of Harriet Harman`s Equalities Bill and had been opposed by the Conservatives when in opposition....

Nov
15
2010

Woman who claimed the way she was treated by her employer was worse than suffering from cancer wins £8,000
#Employment

Sandra Goad, who had battled breast cancer in 2001, was awarded £8,000 in damages from Relate, her former employer, by the Leeds employment tribunal....

Nov
12
2010

Lap Dancer loses unfair dismissal claim
#Employment

Nadine Quashie had brought an unfair dismissal claim against Stringfellows after she was let go in December 2008. However the Tribunal found it had no jurisdiction to hear the claim as she was not an employee, but was self employed....

Nov
10
2010

Holiday pay whilst on sick leave - the saga continues
#Employment

In Souter v Royal College of Nursing Scotland ETS/106313/10 the Scottish ET considered the issue of whether an employee was entitled to payment for previous annual leave years on the termination of her employment. It also considered the relationship between PHI and holiday entitlement....

Nov
10
2010

Redundancy Selection - evidence to support scores
#Employment

In the case of Pinewood Repro Ltd T/A County Print v Page UKEAT/0028/10/SM, the Claimant alleged that his employer failed to provide him with an adequate explanation of why he had received lower scores than the two other people in the pool for redundancy. The Claimant had asked for an explanation of why he had received certain scores, in particular in relation to subjective criteria, such as flexibility. He was told by his employer that it believed the scores given were reasonable and appropriate. The scorers were not asked to reassess their scores in light of his comments....

Nov
10
2010

TUPE
#Employment

The European Court has handed down its decision in Albron Catering v FNV Bondgenoten Roest. This case afforded protection to employees who were assigned on a permanent basis to an undertaking being transferred by a group company even through their contracts of employment were with a different group company....

Nov
05
2010

Back Small Business - the Government`s 6 point strategy.
#Employment

Now is a good time for SMEs to put the Government to the test in its commitment to "Back Small Business", set out in its strategy document with that title, released this week. This follows the review of employment laws to be led by Lord Young also announced this week. Lord Young got attention by proposing an increase in the qualifying period for unfair dismissal claims to 2 years (see our blog "Return to 2 year qualifying period? Smaller employers encouraged to be brutally honest.")...

Nov
04
2010

Job vacancies are decreasing? True of false?
#Employment

That all depends on what you read. According to the latest "Report on Jobs" from the Recruitment & Employment Confederation (REC) and KPMG, October 2010 saw the slowest rates of growth in 14 months for both permanent and temporary placements, and growth in the number of vacancies was also recorded at a 12-month low....

Nov
02
2010

Return to two year qualifying period? Smaller employers encouraged to be "brutally honest".
#Employment

The Government`s "enterprise tsar", Lord Young, has confirmed that he will be consulting over making changes to unfair dismissal law, including the possibility of putting the qualifying period for bringing an unfair dismissal claim back up to 2 years. This is part of David Cameron`s "brutally honest review" into the burdens on small and medium sized businesses. The qualifying period started out at 6 months in 1971, increased to 12 months in 1980 (2 years for small businesses with 20 or fewer employees), then increased to 2 years for all employees (regardless of the size of the employer) in 1985. It is 12 months at present, reduced from 2 years in 1999. Lord Young believes that putting the qualifying period up in the 1980s actually increased employment....

Oct
29
2010

Brazilian Judge orders McDonalds to pay $17,500 to employee who suffered huge weight gain during 12 year empoyment
#Employment

The employee had worked at McDonalds for over 12 years, and alleged he had suffered excessive weight gain, owing to him being asked to sample the products on sale, as well as being provided with a free lunch....

Oct
29
2010

Protective Award Reduced due to Union condoning Failure
#Employment

The EAT in Lancaster University -v- The University and College Union (UCU), agreed with the Tribunal`s decision to reduce a protective award from the maximum 90 days` to 60 days` pay. The union had ‘effectively condoned` a failure to undertake a collective redundancy consultation process....

Oct
29
2010

Qualifying Disclosure
#Employment

Under the whistle-blowing rules, an employee is protected from being subjected to a detriment or being unfairly dismissed for making a protected disclosure. However, what disclosures can qualify for protection? Section 43B(1) ERA sets out 6 categories of subject matter about which a protected disclosure can be made....

Oct
29
2010

Stress - most common cause of absence
#Employment

A survey recently carried out by the CIPD and Simplyhealth (a health care provider) revealed that in the last 12 months stress was the main cause of long-term sickness absence in the businesses surveyed....

Oct
28
2010

Are you saving enough for retirement? You will be soon.....
#Employment

A Government review released yesterday has found that 7 million Britons are not saving enough for retirement....

Oct
27
2010

What if the London Fire Brigade have no choice
#Employment

Sometimes employers need to make changes to terms and conditions of employment for sound business reasons and unfortunately those reasons do not always meet the employees` expectations. Also, it can be difficult for employees to fully understand why certain decisions are being made as, by no fault of their own, they are unlikely to be party to all the relevant information and/or the financial pressures of the employer....

Oct
27
2010

Levels of stress-related absence on the increase - public v private sector
#Employment

A recent annual absence survey carried out by the Chartered Institute of Personnel and Development (CIPD) has revealed that stress-related absence levels have increased over the past year. Workers in the public sector came off worse, with the survey finding that they took an average of 9.6 days off sick a year (3 days more than those working in the private sector)....

Oct
25
2010

Dismissal by Letter is Effective when employee reads it
#Employment

In the case of Gisda Cyf v Barratt [2010] UKSC 41, the Claimant was sent home following a disciplinary and told to expect a letter concerning possible dismissal....

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