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Oct
12
2012

Stakeholder pension designation requirements repealed on 1 October 2012
#Employment

The DWP has brought into effect section 87 of the Pensions Act (PA) 2008, repealing the stakeholder pension designation requirements from 1 October 2012....

Oct
09
2012

Owner-Employee Contracts: will they create jobs/cut rights/avoid tax?
#Employment

Chancellor, George Osborne, has announced legislation which will introduce a new ‘owner-employee` contract....

Oct
05
2012

Our survey shows employers back 30 day consultation for all collective redundancies
#Employment

Thank you to everyone who participated in our online survey on the Government`s Consultation on the current law regarding collective redundancies. We received responses from a diverse cross section of businesses with employee numbers ranging from 40 to 2,500. We have included the results of the survey, together with feedback from a variety of employers that we have spoken to in our formal response to the consultation....

Oct
04
2012

Victimisation claims can be brought by former employees
#Employment

In the case of Taiwo v Olaigbe and others it was held that a claimant could pursue a claim of post-employment victimisation under the Equality Act 2010. It was noted that section 108 of the Equality Act 2010, which renders post-employment discrimination and harassment unlawful, expressly did not apply to acts of victimisation. However, this appeared to be a drafting error. Applying a purposive ap...

Oct
03
2012

Post termination restrictions void because they were out of date
#Employment

A recent case, Patsystems Holdings Ltd v Neilly, has highlighted some of the important factors courts will use to determine the enforceability of restricted covenants in employment contracts.   Often when employees gain promotion their employment contracts will remain on the original terms, which might be out of date. In this case a junior employee was given inappropriate restrictions in his c...

Oct
01
2012

Pensions auto-enrolment comes into force for largest employers
#Employment

New laws have come into force today, 1 October 2012, that require UK employers to automatically enrol eligible workers into a pension scheme and make mandatory minimum contributions on their behalf. The reforms are being implemented gradually, with only large employers that employ 120,000 or more staff having to comply from today, and those employing 50,000-119,999 staff having to comply by 1 Nov...

Sep
27
2012

Continuity of employment: mind the gap
#Employment

Where an employee is absent from work from one employer due to a temporary cessation of work and then starts work with an associated employer, is the employee continuously employed for purposes of bringing an unfair dismissal claim? The facts   In Holt v EB Security Ltd UKEAT/0558/11/CEA, Holt ("the Claimant") was employed at a pub from July 2007 until it closed and his employm...

Sep
27
2012

Compromise agreements: will they be easier or not?
#Employment

On 14 September Vince Cable announced the Ending the employment relationship consultation which covers ways to encourage the use of compromise agreements, to be renamed "settlement agreements", as a way for parties reaching mutual agreement where the employment relationship has broken down Proposals The consultation, which closes on 23 November 2012, has sought views on proposals that aim to al...

Sep
27
2012

Misconduct dismissals: getting it wrong on appeal and contributory fault
#Employment

The case of Neijjary v Aramark Ltd confirms that employers need to be careful when dismissing on misconduct grounds where a number of allegations are made, not all of which may be upheld on appeal. It also deals with the issue of contributory fault. In this case, Mr Neijjary was employed as a hospitality manager by Aramak, a hospitality services company, at a Goldman Sachs site. He was summarily...

Sep
21
2012

Government Consultation: `Ending the employment relationship`
#Employment

Vince Cable has announced various consultations on employment law.  These proposed changes to employment law are part of the Government`s systematic review of employment law to reduce employment red tape and give firms more flexibility and confidence in managing their workforce.   BIS reports that these proposed reforms are most likely to benefit small businesses.    The consultations announced...

Sep
21
2012

The Government`s Response on the Effectiveness of TUPE ‘Call for Evidence`
#Employment

In November last year the Department for Business Innovation and Skills (BIS) called for evidence on the effectiveness of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).   Following this, Clarkslegal held a round table discussion with various employers affected by TUPE to gather views and evidence on the questions raised by BIS.  Based on this discussion, we sub...

Sep
20
2012

Annual Employment Tribunal Statistics 2011/2012
#Employment

Today the Ministry of Justice has published the annyal Employement Tribunal and EAT statistics up to the 31 March 2012....

Sep
14
2012

EAT upholds re-engagement order following TUPE-related unfair dismissal
#Employment

The EAT has upheld a tribunal`s finding that two employees, who were dismissed for failing to agree to new terms (including a pay cut) following a TUPE transfer, were unfairly dismissed....

Sep
13
2012

When did you last review your employee records?
#Employment

This month a Scottish Council whose former employees` pension records were found in a paper recycle bank in a supermarket car park were fined £250,000 for the data breach. More than 600 files were found at the recycle bins, containing confidential information and, in a significant number of cases, salary and bank account details....

Sep
12
2012

Health and safety: less risk for your business?
#Employment

The Government has announced a range of legislative measures aimed at boosting UK business growth.  According to BIS, from April 2013 the Government intends to introduce new rules that will exempt hundreds of thousands of businesses from regular health & safety inspections. Only businesses operating in higher risk areas will face these inspections, such as those in construction and those who hav...

Sep
07
2012

Reduction in the 90 day period for collective redundancy: 19 September consultation ends
#Employment

As the summer holidays end there is still time to have your say on one of the Government`s key set of proposals for change in employment law: the changes to collective consultation, where an employer proposes to make 20 or more employees redundant at an "establishment". Responses need to go to collectiveredundancies@bis.gsi.gov.uk by 19 September....

Sep
06
2012

Agency Workers Regulations reduces use of agency workers says CBI survey
#Employment

A survey, Facing the future: CBI/Harvey Nash employment trends survey 2012, carried out by the CBI and Harvey Nash, examines the impact of the Agency Workers Regulations 2010 on businesses....

Sep
05
2012

Are your casual workers really employees? Make sure they have contracts.
#Employment

A recent case highlights the pitfalls of engaging casual staff without a written contract. Determining the employment status of causal workers is often difficult as the term suggests a relationship that is informal between the parties, with limited obligation on both sides. However casual workers will in some instances be considered to be providing their services under contracts of employment, despite working on an ad hoc basis and as such have more rights as employees. This would include the right to not be unfairly dismissed....

Sep
04
2012

Employer named for flouting the National Minimum Wage
#Employment

Since 1 January 2011, the Department of Business, Innovation and Skills (BIS) have been able to name and shame by press release employers who fail to adhere to National Minimum Wage (NMW) law. Mrs Rita Patel has been named as the latest offender. Trading as Treena Professional Hair & Beauty, Mrs Patel neglected to pay £3,361.22 in arrears of the NMW to a former worker, following an investigation by HM Revenue and Customs (HMRC), which has resulted in HMRC enforcing the debt through the court....

Sep
04
2012

Border Agency reviews refusal of licence following court challenge
#Employment

Clarkslegal has acted in helping to overturn a decision by the UK Border Agency (UKBA) to refuse a Tier 2 licence under the Points Based System (PBS) to an educational establishment. The prospective sponsor liaised with the UKBA over several months to establish whether it could be granted a Tier 2 licence. Senior personnel at the UKBA unambiguously confirmed...

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