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May
15
2013

Right to work checks - don`t get caught out
#Employment

With UK immigration policy being a constant political hot potato and changes being made to the immigration rules seemingly continuously, employers may have a hard time keeping up to date. As a minimum, though, all employers should be carrying out right to work checks on their staff to avoid breaching the immigration rules. Why do the checks? Under the Immigration, Asylum and Nationality Act 200...

May
10
2013

Queen`s Speech: tougher rules announced for immigrants
#Employment

In her speech on the 8 May 2013 at the state opening of Parliament, the Queen announced the Home Office are to introduce more new tougher laws to tackle immigration. The announcement follows the recent major overhaul of the Immigration Rules. The Queen said an Immigration Bill will aim to "ensure that this country attracts people who will contribute and deter those who will not". There are a...

May
10
2013

Employees of non-transferring self contained business are not `affected employees`
#Employment

Where there is a ‘relevant transfer` within the meaning of the Transfer of Undertakings (Protection of Employment) Regulations 2006 ("TUPE"), there is an obligation on both the old and new employer to inform and consult with representatives of the employees who may be affected by the transfer (or measures taken in connection with it).  In Unison v Somerset County Council [2010] ICR 498, the EAT...

May
09
2013

Post-Employment Victimisation IS covered by the Equality Act 2010
#Employment

The EAT has held that the Equality Act 2010 protects individuals against post-employment victimisation. This is a change from its previous decision in Rowstock Ltd and another v Jessemey...

May
03
2013

£950 hearing fee is confirmed to bring an unfair dismissal claim. Commencement dates still awaited on key changes
#Employment

Regulations have been published on tribunal fees. Fee levels are unchanged following consultation, ie a £250 issue fee, and a £950 hearing fee, for most types of claim (including unfair dismissal, discrimination and whistleblowing). Unlawful deductions and statutory redundancy payments carry a lower fee (£160 issue; £230 hearing). The BIS has confirmed that the changes to the whistleblowing laws...

May
03
2013

47% of companies have HR Director on the board our survey shows
#Employment

This April we carried out a survey in association with GB Management Coaching Ltd. Gail Brown, the Managing Director and one of our Forbury HR Consultants, specialises in helping HR professionals fast track their career and reports on the findings of the survey....

Apr
26
2013

More pay does not equal better performance, top UK investor warns top executives
#Employment

FTSE 350 companies risk a backlash from one of the country`s biggest pension fund investors if executive pay is not curbed. The Local Authority Pension Fund Forum, which represents pension funds with more than £115bn in assets, has published guidelines on its expectations for executive pay, arriving at the following conclusion More pay does not necessarily equal better performance. The significa...

Apr
26
2013

Acas publishes guides to dealing with common employment issues
#Employment

Acas has published 6 step by step guides aimed at small businesses, line managers and supervisors for use when dealing with common business situations and potential problem areas at work. Breaking these areas down into checklists and reminders of things to consider, practical examples, and potential legal issues to be aware of, the guides cover: Recruiting an employee Settling in a new employ...

Apr
19
2013

Are whistleblowers protected after termination of employment
#Employment

We know that employees who blow the whistle while employedare protected if they are then subjected to a detriment by theiremployer. We also know that the same applies to employees who did thisbefore the whisleblowing legislation came into force. But what if an ex-employeewhistleblows, would this be regarded as a ‘protected disclosure` allowing theemployee to claim a remedy under the Employment Ri...

Apr
19
2013

Zero hours contracts on the increase
#Employment

According to recent reports 23% of large British firms (i.e. those with more than 100 staff) now engage individuals on so-called "zero hours" contracts.  This is in contrast to 11% in 2004....

Apr
12
2013

New ACAS code of practice on collective redundancies
#Employment

On 6th April 2013, with the changes to the rules on collective redundancy, ACAS has published a code of practice. When proposing to make redundant 100 or more employees at one establishment within 90 days, an employer must start consultation and notify the Secretary of State at least 45 days before he intends to dismiss the first employee. This figure has been reduced from 90 days. This period r...

Apr
12
2013

Employer`s refusal to employ trade union members was lawful
#Employment

Miller and ors v Interserve Industrial Services Ltd was a recent case in the Employment Appeal Tribunal concerning alleged blacklisting of union members. Interserve Industrial Services Ltd (IIS) provides workers for the oil industry and the 3 claimants were members of Unite the Union who had a history of acting as shop stewards. IIS and the trade union had a collective agreement that they would,...

Apr
12
2013

Workplace Representative: a Union Representative`s view
#Employment

I am a trade union workplace representative and postgraduate law student and with a particular interest in employment law. This week I am on work experience with Clarkslegal in the Cardiff office and have been asked to share what it is like and what challenges I have faced working with the union. I have been a union workplace representative for nearly 3 years and counting. Before I was appointed...

Apr
05
2013

Facebook dismissals: gross misconduct or stress relief and letting off steam after a bad day?
#Employment

When is it fair for an employer to dismiss on grounds of gross misconduct for posting comments on social media sites such as Facebook? Looking at recent cases, a recurring problem for employers and employment tribunals is deciding where the boundary lies between gross misconduct and misconduct. The difference between the two is crucial to whether a dismissal will stand up to the scrutiny of an unfair dismissal claim. Given the nature of transgressions made by employees on social media sites, which are often blatant and offensive and easily attributable to the employee, establishing misconduct should be straight forward. These are cases where a warning including a final written warning would be the appropriate sanction under the employer`s disciplinary policy....

Apr
05
2013

Recruitment of replacement employee led to a redundancy situation
#Employment

In Malekout v Ahmed & others (t/a The Medical Centre) UKEAT/0556/12 the Employment Appeal Tribunal has upheld the decision that a redundancy situation existed when an employee was dismissed following recruitment of a better performing replacement....

Apr
05
2013

6 April 2013 employment law changes
#Employment

The 6 April 2013 is the first day of the new financial year and also the date the following changes in employment law come into effect....

Mar
28
2013

Obese employee was disabled under discrimination law
#Employment

In Walker v Sita Information Networking Computing Ltd UKEAT/0097/12 is was held that an obese claimant was disabled under the Disability Discrimination Act 1995. However they also suffered from a number of physical and mental conditions....

Mar
28
2013

Football club "transfer " was an unfair dismissal.
#Employment

Kavanagh and others v Crystal Palace FC (2000) Ltd and others was recently heard in the Employment Appeal Tribunal (EAT).  The football club went into administration in January 2010 and G, the administrator, sought to sell the club as a going concern.  A couple of months later a consortium was set up and given preferred bidder status....

Mar
27
2013

UKBA to be abolished
#Employment

Following last year`s split which saw the UK Border Force (responsible for daily operations) stop being part of the UK Border Agency, the Home Secretary has now announced that the Agency is to be abolished altogether....

Mar
21
2013

Working relationship breakdown? Dispute over salary and aggressive solicitor not enough
#Employment

Some other substantial reason (SOSR) can often be viewed as a "get out of jail" card by employers.  However, the Employment Appeal Tribunal in Handshake Ltd -v- Summers UKEAT/0216/12 has recently upheld a Tribunal decision that the fair grounds of SOSR did not apply when a senior executive was dismissed....

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