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Jun
26
2013

What if your top performer ends up like Nadal?
#Employment

With Wimbledon being televised this week, many people have tuned into the endless grunts and back hands of the tennis stars, including former number 1, Spanish favourite, Rafael Nadal. However this year, he was knocked out in the first round to Steve Darcis, ranked 135th  in the world.Nadal was expected to perform at a high standard, so when he was surprisingly kicked out this early on in the com...

Jun
21
2013

UNISON brings legal challenge to employment tribunal fees
#Employment

UNISON has confirmed that is making an application to the High Court to challenge the introduction of fees in the employment tribunal system. This is a judicial review of the Ministry of Justice`s decision to introduce employment tribunal and Employment Appeal Tribunal fees from 29 July 2013. UNISON argues that these charges will make it ‘virtually impossible` for workers to exercise their employ...

Jun
21
2013

Zero-hours contracts under review by Government
#Employment

The Government is to review the use of controversial "zero-hours" contracts under which employees are put on standby and not guaranteed a minimum amount of work....

Jun
18
2013

"Never volunteer" in the Army - except when it comes to redundancies.
#Employment

The Government is set to reduce the number of regular soldiers by nearly 4,500, 84 per cent of whom have volunteered to be made redundant. Following a defence review in 2010, this 3rd round of cuts further emphasises the Governments plan to reduce the number of regular soldiers to 82,000 by 2017. At the same time, there is a planned 100 per cent increase in the number of reservists from 15,000 to...

Jun
13
2013

Employees who breached consent order sentenced to 6 months in jail
#Employment

X and Y were employed by F, a producer of food stuffs. Y setup a competitor company (Z). F made a without notice application alleging tha tX had covertly passed sensitive information to Y and Z about F`s business. The High Court issued an order restricting X and Y from dealing with F`s confidential information. At a later hearing, X and Y agreed to a consent order that X wasnot to work in any busine...

Jun
10
2013

Serial litigant Employees - 1 vs Employers - 0
#Employment

In Woodhouse v West North West Homes Leeds Ltd [2013] UKEAT0007, the EAT upheld the appeal of an employee who had brought ten internal grievanceclaims alleging race discrimination and seven separate employment tribunalclaims against his employer over a period of four years. The EAT held that theemployee`s claims were protected acts as they had not been made in bad faith.   The employee`s claim...

Jun
07
2013

Landmark collective consultation case that disregards the establishment
#Employment

It has been reported that the EAT has decided that the establishment test for collective redundancies is to be "disregarded" and that all employers making over 20 redundancies within a 90 day period must collectively consult, regardless of whether those employees work in one place or whether they are based at different ‘establishments`.  This has huge implications for employers, particularly lar...

Jun
06
2013

The creation of a new employment status - `Employee Shareholder Status`
#Employment

The Government proposed the creation of new employee shareholder contracts via the Growth and Infrastructure Bill. After two initial rejections and then gaining concessions from the Government, the Bill has become law after the House of Lords accepted the further concessions and the Bill received Royal Assent on 25 April 2013. Implementation of these changes, however, is likely to be on 1 September 2013....

Jun
06
2013

Date for diary - Financial penalties for employers who lose at tribunal
#Employment

The provisions relating to financial penalties on employers come into force in respect of any tribunal claim presented on or after 25th October 2013.  Where an employer loses a claim (i.e. it is found to have breached any worker`s rights) and the breach has  "one or more aggravating features" then a tribunal may order the employer to pay a penalty to the Secretary of State of between £100 and £...

May
31
2013

Compulsory retirement at 65 was justified: Seldon case
#Employment

Mr Seldon was a partner in a firm of solicitors.  He brought a claim of age discrimination against them when he was forced to retire at age 65 under the partnership`s mandatory rules. Last year, the Supreme Court sent his claim back to the employment tribunal. They considered a number of issues relating to justification (the main one being whether 65 was an appropriate age for mandatory retireme...

May
30
2013

Tribunals will charge fees for bringing employment claims from 29 July 2013
#Employment

HM Courts & Tribunal Service has announced that the date for the implementation of fees into the employment tribunals and Employment Appeal Tribunal will be Monday 29 July 2013.Subject to the necessary Parliamentary approvals, from this date all claims and appeals will be subject either to a fee or an application for fee remission. However, claims already lodged will not be subject to any fees....

May
21
2013

ACAS Code can apply to SOSR dismissals
#Employment

The ACAS Code of Practice on Disciplinary and Grievance Procedures (the Code) sets out guidance to be followed in ‘disciplinary situations` and expressly states that this includes dismissals for misconduct and poor performance.  A failure to follow the Code can result in a Tribunal making either an uplift or reduction in any award (depending on who is at fault) of up to 25%.     Whilst clearly s...

May
21
2013

Methodist minister was not an employee
#Employment

The Supreme Court has overturned the decisions of the EAT and Court of Appeal and held that a Methodist minister was not an employee and so could not bring an unfair dismissal claim. In the case of Methodist Conference v Preston the claimant was a superintendent minister to a group of congregations in Cornwall. She was entitled to accommodation, holiday and sick pay, a pension and a stipend (a...

May
17
2013

Survey suggests whistle-blowers are ignored
#Employment

The BBC has reported that a survey carried out by the charity Public Concern at Work has found that 60% of whistle-blowers who voice fears about their workplace receive no response at all from their managers. The survey also found that of 1,000 whistle-blowers questioned, 19% were disciplined or demoted after voicing their concerns and 15% were dismissed. The results of the survey come ahead of...

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

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....

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...

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