Clarkslegal LLP - Solicitors in Reading and London

Employment - Legal Updates

Search Legal Updates

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....

Jul
28
2010

Stigma Damages
#Employment

Compensation for personal loss of reputation is generally excluded from unfair dismissal compensation. However, following the much publicised case of Bank of Credit and Commerce International SA (BCCI) an exception arose which gave rise to the principle that is termed as ‘Stigma Damages`....

Jul
28
2010

Caps on Redundancy Payments
#Employment

The question of whether it is unlawful age discrimination to cap contractual redundancy payments in order to prevent employees from receiving a windfall (i.e. a redundancy payment together with the ability to draw a pension) was put into the spotlight by the EAT in the recent case of Kraft Foods Ltd v Hastie....

Jul
28
2010

A way to avoid backdated holiday pay claims?
#Employment

Ever since the House of Lords ruled in HM Revenue & Customs v Stringer and others last year that employees could claim accrued but untaken annual leave going back a number of years, as part of a series of unauthorised deductions, if they had been unable to take the leave owing to sickness absence, employers have been looking for a way to mitigate the effects of that decision....

Jul
23
2010

TUPE - is it a defence to an equal pay claim?
#Employment

When an employee transfers to another employer under TUPE, his terms and conditions are preserved. This may cause problems if the employer inherits men and women doing the same job but on different rates of pay. There is nothing the new employer can do to remedy the inequality - or is there?...

Jul
23
2010

Government tells employers: Let staff work from home
#Employment

The Liberal Democrats` transport minister, Norman Baker, has called on employers to allow employees to work one day a fortnight from home as part of the Government`s drive to cut transport congestion and create a low carbon economy....

Jul
23
2010

Your Freedom - Buddy reviews suggestions on the HM Government website
#Employment

Further to our previous blog about the Government`s new Your Freedom website which allows the public to suggest which laws it would like to see abolished or created, Buddy has reviewed some of the suggestions posted relating to Employment Legislation....

Jul
22
2010

Sisters are doing it for themselves
#Employment

According to recent statistics published by Grazia Magazine, 1 in 3 women now earn more than their partners and are considered the main breadwinner in their family. A further 19% earn the same salary as their partner....

Jul
21
2010

Firefighter who complained about reclining chairs recieves £80,000 payout
#Employment

A Firefighter has received £80,000 in compensation after he was dismissed following complaints he raised that reclining chairs installed in his fire station were causing him severe back pain. The chairs were brought in to replace beds in Greater Manchester`s fire stations in 2006....

Page 66 of 72