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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
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...

Apr
27
2012

World Day for Safety and Health at Work 2012
#Employment

The International Labour Organisation (ILO)`s World Day for Safety and Health at Work takes place on 28th April 2012....

Apr
27
2012

Second Reading in House of Lords for Sunday Trading (London Olympic Games and Paralympic Games)
#Employment

Following our previous blog Draft Bill which suspends Sunday Trading Laws during Olympics and Paralympics, the Sunday Trading (London Olympic Games and Paralympic Games) Bill received its second reading in the House of Lords this week....

Apr
26
2012

BIS publishes Trade Union Membership statistics
#Employment

The Department for Business Innovation and Skils (BIS) has published its Trade Union Membership 2011 report statistics, based upon data supplied by the Labour Force Survey....

Apr
26
2012

Age Discrimination
#Employment

In the case of Homer v Chief Constable of West Yorkshire Police both the EAT and the Court of Appeal rejected the claim of indirect age discrimination....

Apr
26
2012

Guidance from the Court of Appeal - disciplinary procedures, suspension for misconduct and police involvement
#Employment

The Court of Appeal (‘CA`) has recently provided useful guidance in the case of Crawford and another v Suffolk Mental Health Partnership NHS Trust [2012], as to the procedural standards an employer is expected to meet when a disciplinary procedure could have serious career long implications for an employee. The CA took the opportunity to offer guidance as to the appropriateness of suspension duri...

Apr
24
2012

Can employment transfer from one company to another without the employee`s consent?
#Employment

We all know that where TUPE applies, employment contracts automatically transfer from one employer to another, subject to the employee`s right to object.  However, where TUPE is not relevant, old common law principles apply:  the employment of an employee cannot be transferred from one employer to another without the employee`s consent....

Apr
20
2012

Supreme Court to have final say in Birmingham equal pay case
#Employment

A recent development in Birmingham City Council v Abdulla (2011) has seen leave granted to Birmingham City Council to challenge the Supreme Court later this year, to decide whether claims can be brought in the civil courts where they will be in time, rather than restrict them to the ET where they will be out of time....

Apr
20
2012

ACAS guidance promoting positive mental health at work
#Employment

ACAS, in collaboration with the NHS` Mindful Employer initiative, has published a training package and guidance for employers aimed at promoting postive mental health in the workplace....

Apr
19
2012

Self-employed drivers subject to 48 hour week
#Employment

To accord with the EC Road Transport Directive, self-employed drivers will be become subject to the 48 hour average working week and the other provisions of the Road Transport (Working Time) Regulations 2005 from 11 May 2012....

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