Clarkslegal LLP - Solicitors in Reading and London

Employment - Legal Updates

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Aug
23
2010

Cost effective support for staff facing redundancy
#Employment

Our subsidiary HR consultancy, Forbury People, has a solution which will provide some really practical help to job seekers without incurring massive costs to the employer....

Aug
20
2010

Tackling long-term sickness absence: line managers are the key
#Employment

Yesterday we blogged on the high incidence of employees suffering mental health problems going on to claim incapacity benefits. Today, there is new guidance available to help employers get their employees with depression, stress and other illnesses back to work in the first place....

Aug
20
2010

Resignations on the up as firms fail to meet expectations
#Employment

The 2010 National Management Salary Survey conducted by CELRE has revealed an increase in resignations, despite growing fears over job security. More than half the 197 employers surveyed recognised that restructuring and job insecurity caused many of their staff to "jump ship". Over a third of the employers identified that their "failure to offer career opportunities and training" also contributed to employees leaving. Nearly two thirds admitted that their employees had been tempted away by head-hunters and recruitment consultants....

Aug
20
2010

Women to wait 57 years for equal pay
#Employment

The 2010 National Management Salary Survey conducted by CELRE has revealed that female salaries have increased by 2.8% over the last year, compared with 2.3% for men. However, despite this year marking the 40th anniversary of the Equal Pay Act 1970, the average salary for male managers in the UK is still £10,071 higher than the average salary for female managers, and male pay outstrips female pay by as much as 24% at senior level. At the current rate of increase, women will still have to wait 57 years before they take home the same amount as their male counterparts....

Aug
19
2010

Patients who make frequent trips to their doctors are much more likely to go on incapacity benefit later on
#Employment

GPs can spot patients who will claim incapacity benefit for mental health issues three years before they stop working, research published in the British Medical Journal has suggested....

Aug
17
2010

Cycle to work scheme "fair market value" clarified by HMRC
#Employment

HMRC has clarified the tax rules surrounding the Cycle to Work scheme. This should encourage more employers to offer the benefit to their workforce, as companies who strive to go green were previously put off by the uncertainty around the scheme....

Aug
13
2010

Dismissal and the reasonable responses test
#Employment

The case of Enable Care & Support Home Ltd v Pearson [2010] is an example where a tribunal fell into the trap of substituting its own judgment for that of the employer....

Aug
13
2010

Holiday and sickness - an update
#Employment

The House of Lords in HM Revenue & Customs v Stringer [2009] held that claims for holiday pay can be a series of deductions. Since the decision, employers have been apprehensive that employees who have been off sick for several years may be able to claim backdated holiday pay for the whole period upon termination. This issue came to light in the recent case of Khan v Martin McColl [2010]....

Aug
13
2010

The scope of an "ETO"reason
#Employment

Under TUPE, any dismissal or change to terms and conditions of employment which is connected with a relevant transfer is unfair or invalid, unless it can be shown that the dismissal or change was for an economic, technical or organisational reason entailing a change in the workforce (an "ETO" reason)....

Aug
12
2010

Government starts consultation on the right to request time off for training
#Employment

Despite only coming into force in April 2010 for employers with over 250 employees, and not yet being applicable to smaller firms, the Coalition Government is considering scrapping the right to request time off for training (which was given by the previous Labour Government)....

Aug
09
2010

Jobs market set to stall?
#Employment

Official figures have shown that unemployment fell in the three months to May this year, to a total of 2.47 million. However, according to reports from the Chartered Institute of Personnel and Development (CIPD), a third of employers expect to cut jobs in the next three months. Also, the CIPD report that the size of the cuts being considered has also increased....

Aug
05
2010

Public Sector Restructuring - Dark clouds and silver linings
#Employment

The coalition government rose from the ashes of the most controversial general election in recent times to deliver a budget with bite. Although we are officially out of the recession, the key elements of the budget which impact on employers seem far from measures to promote growth and reduce unemployment....

Aug
05
2010

Defaulting employers beware...
#Employment

From 1 October 2010 a new streamlined process to allow enforcement of settlements contained in Acas COT3 forms will be introduced....

Aug
04
2010

Output VAT payable by employers with retail voucher salary-sacrifice schemes
#Employment

The European Court of Justice (ECJ) has ruled that output VAT must be paid on retail vouchers given to staff under salary sacrifice schemes, which allow employees to elect to take certain benefits in lieu of salary as part of their remuneration package....

Jul
30
2010

Consultation on upskilling the workforce
#Employment

On 22 July 2010, the Department of Business Innovation and Skills (BIS) launched a consultation paper, "Skills for Sustainable Growth". The consultation outlines seeks views on proposals for addressing the significant issue of an ever increasing unskilled workforce. Consultation closes on 14 October 2010....

Jul
30
2010

New ACAS Pilot Initiative
#Employment

The Central London Employment Tribunal is trialing a new system whereby an ACAS Conciliator is present at the tribunal office to assist parties in conducting settlement discussions....

Jul
30
2010

Public Sector Code of Practice on Workforce Matters under Threat?
#Employment

Under TUPE, employees` terms are protected when they are transferred to the private sector. In addition, the 2003 voluntary code of practice on workforce matters in local authority service contracts guarantees that anyone recruited to work in the outsourced business will be on "no less favourable terms" than those workers who were previously in the public sector. The same principles apply to most other public sector service contracts as a result of a further code of practice published in 2005....

Jul
29
2010

Consultation on plans to phase out the default retirement age begins!
#Employment

The current default retirement age (DRA) of 65 has been under the spotlight since the introduction of the Employment Equality (Age) Regulations back in 2006 and has not been without its critics. Today marks the start of a period of consultation by the Government into its proposals to phase out the DRA, which include plans for a six-month transitional period....

Jul
28
2010

Bound by Subsequent Changes
#Employment

Under TUPE, all collective agreements relating to the transferring employees transfer to the transferee where they are bound by the terms in force at the date of transfer. Any subsequent changes or new collective agreements will not ordinarily bind a transferee if they are not a party to it....

Jul
28
2010

Failing to discount disability related periods of sickness for the purpose of redundancy scoring was disability discrimination.
#Employment

Most employers adopt standard redundancy scoring criteria which include objective criteria such as levels of sickness absence. Again, most employers know that to avoid discriminating against disabled employees any periods of sickness that relate to a disability should be discounted from the disabled employee`s score. This would be a reasonable adjustment for employers to make....

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