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Jun
08
2012

MPs criticise UKBA civil servants bonus payments
#Employment

Figures released by the Commons Home Affairs Select Committee show the level of bonuses that were paid out for work carried out in 2010/11 - UK Border Agency civil servants get bonuses of up to £7,000: 1 in 4 senior civil servants at the UK Border Agency received bonuses of up to £7,000 last year; A fifth took home a bonus of between £4,500 and £5,000; and 1 in 25 were paid bonuses o...

Jun
01
2012

Mayor Boris Johnson to review Met Police anti-racism measures
#Employment

The Mayor of London Boris Johnson has ordered a review of anti-racism reforms within the Metropolitan Police.  It will look at measures adopted as a result of the Race and Faith Inquiry set up by the mayor in 2008.  The response to this inquiry was published in 2010, and stated the Met needed a "fresh and energetic" approach to making the principles of equality, diversity and human rights a pract...

May
31
2012

Staff receive Kit Kat as thank you gift
#Employment

After winning the Acute Healthcare Organisation of the Year award how did Torbay hospital thank its staff?  By giving them a Kit Kat. Strictly speaking, a voucher for a Kit Kat with a message to "take a break" along with their latest payslip.  With some members of management apparently receiving a free slap up meal, unsurprisingly, some staff members were left feeling quite insulted.  30 staff m...

May
30
2012

Gross Misconduct and PILONs
#Employment

Employers frequently need to make redundancies.  Where an employee`s contract allows for a payment in lieu of notice ("PILON"), it is not uncommon in a redundancy situation for the employer to agree to pay the employee a PILON instead of requiring them to work through their notice period.  However, in these circumstances what happens if the employer discovers the employee has committed gross misc...

May
30
2012

Workplace mediation: pros and cons
#Employment

With around 30 years` experience of dealing with workplace disputes, both as an HR practitioner and then as an employment lawyer, I have become more and more convinced that workplace mediation does provide a better way to resolve disputes in many cases. I have seen suggestions that managing and resolving conflict better could solve the current economic recession. Whilst I do believe it has a real value and that it should be more widely used, even I would not quite go this far!...

May
30
2012

Should doctors go on strike when the police cannot?
#Employment

In a  major development in the public sector pensions dispute, with police officers campaigning in force for the right to strike, doctors have now voted for strike action. They will stop providing non-urgent care on 21 June  in the first industrial action by the profession for nearly 40 years. Some 79% of GPs, 84% of hospital consultants and 92% of junior doctors who responded voted in favour of...

May
30
2012

EHRC encourages headhunters and chairmen to improve the representation of women at board level
#Employment

The Equality and Human Rights Commission (EHRC) hasreleased a recent report on "GenderDiversity on Boards: The Appointment and the Role of Executive Search Firms"....

May
25
2012

TUPE - organised grouping of employees
#Employment

In the case of Seawell v Ceva it was decided that even though an employee may work full time for a single client, this does not mean he is necessarily assigned to an organised grouping of employees for the purposes of a service provision change or the transfer of his employment under TUPE....

May
24
2012

Enterprise and Regulatory Reform Bill presented to Parliament
#Employment

On 23 May 2012, Business Secretary, Vince Cable presented the Enterprise and Regulatory Reform Bill to Parliament.  The Bill aims to improve the tribunal system through early conciliation, greater use of settlement agreements and a cheaper and quicker process....

May
24
2012

TUPE and early retirement benefits
#Employment

This case seeks to clarify an issue, one of many, left unresolved by the ECJ decisions in Beckmann and Martin concerning pensions and TUPE. It cannot overrule those ECJ decisions, being a first instance decision of the High Court....

May
22
2012

Beecroft`s report on employment law is criticised by Business Secretary
#Employment

A report, commissioned by the Prime Minister and compiled by Adrian Beecroft, includes the following proposals:  An end to a mandatory 90-day consultation period when a company is considering redundancies of over 100 employees. The report suggests a 30-day period and an emergency five-day period if a firm is in severe distress. A cap on loss-of-earnings compensation for employees who make suc...

May
16
2012

Queen`s Speech 2012 - continuing reforms in employment law
#Employment

In her Speech delivered at the opening of Parliament last week, the Queen announced Bills to be introduced in the next session of Parliament up to Spring 2013....

May
15
2012

Apprentice Learner Survey shows value of apprenticeships
#Employment

The Department for Business, Innovation and Skills (BIS) has today published results from the Apprentice Learner Survey....

May
15
2012

Mandatory Retirement Age
#Employment

The case of Seldon v Clarkson Wright and Jakes illustrated that the test for justifying direct age discrimination is different and narrower than the general test for justifying indirect discrimination. In this case a partner from the Respondent firm of solicitors was forced to retire at the age of 65.  It was found that the compulsory retirement age contained in the firm`s deed of partnership wa...

May
10
2012

Settlement Offers
#Employment

In the case of Konczac v BAE Systems (Operations) Limited, the Employment Appeal Tribunal (EAT) had to decide whether the Claimant`s loss was terminated by her refusal to accept a settlement offer of £75,000....

May
09
2012

Queen`s Speech 2012
#Employment

Pensions, parental leave and tribunal reform featured in the Queen`s Speech today:  She announced the Government will move forward on the reform of state and public sector pensions, which will take a step forward to a more generous state pension and won`t penalise people for saving Proposals are to be made to allow both parents to share parenting responsibilities by making parental leave more...

May
04
2012

Employee accused of lying about miscarriage and pregnancy not unlawfully harassed (EAT)
#Employment

In the case of Warby v Wunda Group plc, Mrs Warby worked as a sales consultant for Wunda Group plc.  A dispute arose between Mrs Warby and her manager, Mr Pugh.  There was conflict as to what had been agreed to be her basic salary.  Each party accused each other of lying.  Mrs Warby stated that her wages had been changed because she was pregnant. Mr Pugh denied this, and then was prompted to ask...

May
01
2012

An extra bank holiday this June?
#Employment

It`s been well publicised that the Late May bank holiday has been moved to the 4th June and that the 5th June has been declared an extra bank holiday to create a 4 day weekend commemorating the Queen`s Diamond Jubilee....

May
01
2012

Sunday Trading (London Olympic Games and Paralympic Games) Bill Receives Royal Assent
#Employment

Following our previous blog covering the Bill`s Second Reading in House of Lords last week, the Sunday Trading (London Olympic Games and Paralympic Games) Bill received Royal Assent today. The Bill suspends Sunday Trading Laws in England and Wales from the opening of the London 2012 Olympic Games on 22 July to the end of the Paralympics on 9 September 2012, so that shops with floor space in exce...

May
01
2012

Litigants in person - how much should a Tribunal help them?
#Employment

Often both parties are legally represented in EmploymentTribunal claims however Claimants may represent themselves. The Tribunal will assistClaimants where necessary in the course of the proceedings but how far shouldthat assistance go?   This Court of Appeal had to consider this issue in the caseof John Guest Engineering and Vaio.  Mr Viao successfully won a claim ofunfair dismissal and race d...

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