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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...

Aug
31
2012

Are HR professionals consulted on business strategy?
#Employment

Not according to a recent survey. The survey (organised by PlusHR and undertaken by market research organisation, Redshift Research) has indicated that 75% of HR professionals are not included when business strategy is formulated. The research was conducted across 125 HR professionals, business owners, directors and line managers, from companies ranging in size from 10 to 1000+.  The aim of th...

Aug
30
2012

The barriers to progression for women: does the glass ceiling still exist?
#Employment

According to a survey of 1,000 working women conducted by Ernst & Young, the four main barriers to progression for women are:   Being too young or too old, with being too youngapparently the biggest barrier Lack of experience or qualifications Motherhood Lack of a female role model.   How can women overcome these barriers? Those surveyed identified the following main ways in whic...

Aug
30
2012

Employers to continue Olympic flexible working practices
#Employment

Research has been conducted into the after-thoughts of organisations that changed their working practices to try and alleviate the detrimental impact on their businesses and workforces during the Olympics.  The reports are positive and a large proportion of organisations that brought in flexible working schemes during the Olympics (e.g. working from home or altering working hours) will continue t...

Aug
23
2012

Weak tribunal claims: claimant still inflicts "Rolls Royce" legal bill on employer
#Employment

It has recently been reported that Rolls Royce spent £300,000 defending claims of sex discrimination from a former employee who was suing the company for £135,000. Rolls Royce was successful in its defence with the claims being emphatically dismissed by the employment tribunal judge. Despite this, Rolls Royce only managed to recover around 3% of its costs from the claimant, the judge only being...

Aug
23
2012

New ACAS guidance on making women on maternity leave redundant
#Employment

ACAS, in association with the Equality and Human Rights Commission, has recently published a Good Practice Guide on Managing Redundancy for Pregnant Employees or those on Maternity Leave. This short handbook provides a useful checklist to ensure that employers manage the process fairly.  It describes the law on this area, and usefully applies it directly to scenario`s that may arise in the workp...

Aug
22
2012

Selecting an appropriate pool in a redundancy situation
#Employment

In the case of Wrexham Golf Co Ltd v Ingham the Employment Appeal Tribunal commented on the reasonableness of an employer making an employee redundant from a ‘pool of one`....

Aug
17
2012

UK bill of rights commission: second public consultation
#Employment

Last year the commission on the bill of rights consulted the public on whether the UK needed a new human rights instrument.  The reason for this was due to an ongoing concern that the Human Rights Act (HRA) which was introduced in 1998 was no longer effective.  In 2007 the Labour Government, with the support of other political parties began to consult on building on the Human Rights Act to create...

Aug
16
2012

Constitutional right to equality under further consideration in Bill of Rights review
#Employment

Last year the commission on the bill of rights consulted the public on whether the UK needed a new human rights instrument.  At the time it was thought by many that the consultation document lacked the required detail for the public to comment meaningfully.  The consultation process closed in November 2011 and the responses were published.  It has been surprising to note that the commission is...

Aug
15
2012

Another constructive dismissal question: can an honest mistake still put employer in breach?
#Employment

The Employment Appeal Tribunal has recently considered whether an employer committed a fundamental breach of contract when it mistakenly interpreted the meaning of a contractual document.  This was the issue in Roberts -v- The Governing Body of Whitecross School.   The facts Mr Roberts had worked for Whitecross School for a number of years and went on sick leave due to work-related stress and...

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