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Feb
08
2013

Be careful about your staff working on the train and don`t make your disciplinary procedure contractual
#Employment

The recent case of West London Mental Health NHS Trust v Chhabra confirms the need to exercise great care to ensure that disciplinary procedures are not contractually binding on employers. If a court is able to construe a disciplinary procedure as having contractual effect, a breach of the procedure could lead to the employee seeking a court injunction preventing the disciplinary procedure going...

Feb
01
2013

Legal advice privilege only protects advice from lawyers
#Employment

Legal advice privilege entitles a party to withhold evidence from production to a third party or the court where the evidence involves advice between a lawyer and client....

Feb
01
2013

Major Changes to TUPE Proposed
#Employment

BIS (the Government Department for Business, Innovation & Skills) has recently announced that it proposes to make fundamental changes to the TUPE 2006 Regulations. The key proposals include: Repealing entirely the ‘service change` provisions, (affecting outsourcing, retendering and bringing work back in house`) to align the definition of a transfer with the wording of European law....

Jan
25
2013

Swedish derogation applies to existing relationships with hirers
#Employment

Under the Agency Workers Regulations 2010 (in force from 1st October 2011) agency workers who work in the same role for the same hirer for a period of 12 continuous weeks are entitled to the same "basic working and employment conditions" as they would have received if they`d been hired directly by the hirer....

Jan
23
2013

Changes to come: Settlement Agreements
#Employment

The Government`s proposals for Settlement Agreements are due to come into force this Summer.   Under the proposals employers will potentially be able to negotiate settlements with employees pre-termination without fear of this being used in evidence against them in any unfair dismissal claims.  The exception to this is where the employer acts with impropriety - known as "improper behaviour"....

Jan
22
2013

The extremes of temperature
#Employment

Chris Stops, one of Forbury People`s HR Consultants, has written this blog for us: Given the cold snap we are currently experiencing, and the current run of seemingly unreliable and changeable weather I thought extremes of temperature would be a sensible topic to start the year on....

Jan
22
2013

The Government`s response to tackling long-term sickness absence
#Employment

In a 2011 report, Health at work: an independent review of sickness absence, Dame Carol Black and David Frost CBE highlighted how the State spends £13 billion a year on health-related benefits and employers face an annual bill of around £9 billion for sick pay and associated costs.  They made a number of recommendations aimed at minimising absence from work due to ill health...

Jan
18
2013

Imposing a cap on the unfair dismissal compensatory award of twelve months` pay (and still capped at the current limit, if twelve months` pay is greater)
#Employment

Subject to Parliamentary process, the Government announced yesterday that it  intends to introduce a 12 months` pay cap on the compensatory award for unfair dismissal....

Jan
18
2013

Early Conciliation via ACAS - consultation starts
#Employment

Anna Hawksworth of Carillion Advice Services details the early concilitation consultation...

Jan
18
2013

Dishonesty: employers must properly investigate the employee`s explanation of events say EAT
#Employment

The Employment Appeal Tribunal has held that where serious allegations are made against an employee, the employer should ensure that it undertakes a sufficient investigation before dismissing (Stuart -v- London City Airport (UKEAT/0273/12))...

Jan
18
2013

Human right to wear cross at work
#Employment

Four Christians (Ms Eweida, Ms Chaplin, Ms Ladele and Mr McFarlane) who were prevented from manifesting their religion in various ways in the workplace unsuccessfully claimed in the UK courts that they had been unlawfully discriminated against on grounds of their religion....

Jan
18
2013

Government plans to repeal key parts of TUPE
#Employment

The Department for Business, Innovation & Skills confirmed yesterday that it proposes to make fundamental changes to the TUPE Regulations as follows...

Jan
11
2013

No right to day off on Sunday for Christian faithful, EAT confirms.
#Employment

Following on from Employmentbuddy`s previous blog the Employment Appeal Tribunal has ruled that Christians have no right to decline working on a Sunday as it is not a core component of the Christian faith....

Jan
10
2013

The employment status of a lapdancer - A change of decision
#Employment

In July 2012 we reported that the Employment Appeal Tribunal had ruled that Miss Quashi, a lapdancer at Stringfellows, was an employee. However, this decision has subsequently been overturned by the Court of Appeal which determined that she was in fact self-employed....

Jan
10
2013

The Agency Workers Regulations 2010: Does Service Count?
#Employment

The Agency Worker Regulations 2010 (‘the Regulations`) came into force on 1 October 2011 and various complaints arising from those Regulations are beginning to surface....

Jan
04
2013

Conflict Resolutions for 2013 and Beyond
#Employment

A resolution is defined as a "firm decision to do or not to do something". Here is my list of things that I have made a firm decision to do (at various times and not just for New Year)....

Jan
04
2013

Coming up in 2013
#Employment

As ever there are many changes to employment legislation confirmed for 2013 and further proposals and consultations that we anticipate will develop. This article outlines our expectations for the year ahead. March 2013 March marks the start of a number of changes to legislation....

Dec
20
2012

Collective redundancy consultation period will be cut to 45 days
#Employment

The minimum period that employers must wait before making large-scale redundancies will be halved to 45 days from April 2013, the Government has announced this week.   The Government will remove the existing 90-day minimum consultation period, which applies where an employer is proposing to make a 100 or more staff redundant. This will be replaced with a 45-day minimum period.   The consulta...

Dec
18
2012

On the first day of Christmas my employees sent to me...
#Employment

It is unfortunate sign of the times when employers do not hold Christmas parties because of the cost and risk of receiving legal claims from employees.  However, it does not have to be the case that potential legal claims should deter employers from holding parties.  The following guidelines set out a few tips which will reduce the risk of claims.Fighting and threatening behaviourDiscrimination l...

Dec
12
2012

Employer not liable in union blacklisting case
#Employment

In Miller and others v Interserve Industrial Services Ltd UKEAT/0244/12 the Employment Appeal Tribunal has dismissed the appeal of three trade union members who claimed that they had been refused employment on the grounds of their union membership.  The union members brought claims in the Employment Tribunal under both section 137(1) of the Trade Union and Labour Relations (Consolidation) Act 19...

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