Clarkslegal LLP - Solicitors in Reading and London

Employment - Legal Updates

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Dec
17
2010

Retirement
#Employment

Employers are still in the dark about how to deal with retirements falling after 1 October 2011....

Dec
17
2010

20 weeks maternity pay?
#Employment

EU ministers are arguing against the proposals put forward by the European Parliament ("EP") that would see full maternity pay increased to 20 weeks and talks have now stalled. The UK was among the countries that lobbied against the 20-week plan for, amongst other reasons, the estimation that the proposals could cost UK businesses more than £2.5 billion a year....

Dec
17
2010

Businesses will not be required to publish the pay gap between male and female employees ... yet anyway
#Employment

The Equality Act (section 78) gave companies until 2013 before they faced mandatory disclosure of the pay gap between male and female employees but the government has announced that this will now not be required. Instead, companies will be expected to reduce the gap by voluntary means and the government will check annually that progress is being made. If progress is not being made the Government can still reconsider whether to bring in section 78 and make gender pay reporting compulsory for private and voluntary sectors. Equality campaigners are disappointed by the announcement but the impact may not be as severe as at first thought. Companies will still have to reveal their pay gap data under the voluntary arrangements and it is likely that employees will look for another job if they find out that colleagues at the same level are paid more. Therefore, the incentive to get any differences evened out is still there....

Dec
17
2010

Dismissal for telling client to put their faith in God not unfair or religious discrimination
#Employment

A Christian housing officer who advised a user that she should put her faith in God in order to recover from her illness and subsequently authorised a press release with the headline "London Homelessness Prevention Officer told ‘say God Bless` and we`ll sack you", was not unfairly dismissed and was not discriminated against because of his religion....

Dec
17
2010

Equal pay - 6 years to bring a claim?
#Employment

If an employee believes she (it`s usually a she, but don`t count on it!) is being paid less than a male comparator she can bring a claim in the employment tribunal. Generally speaking she can bring a claim at any time during her employment or within 6 months of her employment coming to an end....

Dec
16
2010

Statutory Rates and Limits increases for 2011
#Employment

The following increases have been announced in recent days. From 1 February 2011, the maximum compensatory award for unfair dismissal will increase from £65,300 to £68,400....

Dec
15
2010

Default retirement age - will it stay or will it go?
#Employment

The default retirement age of 65 is due to be scrapped next year but as yet the government has not produced any guidance or draft regulations to clarify what the new legislative framework will look like. The CBI has recently called on the Government to clarify its position and explain how it will respond to businesses` concerns....

Dec
15
2010

Are you a Christmas Party Scrooge?
#Employment

Ebenezer Scrooge, from the Charles Dickens novel A Christmas Carol had a catchphrase, "Bah, humbug!", which may often be used by employers at this time of year to express their disgust with the tradition of holding office parties in a time of economic and employment law challenges....

Dec
08
2010

Is the NMW evidence of successful ongoing national pay bargaining arrangements?
#Employment

National-level pay setting remains common in large multi-site public and private organisations such as supermarkets, schools, banks and engineering construction sites....

Dec
02
2010

Royal Wedding - cause for celebration?
#Employment

If you hadn`t already heard, Prince William and Kate Middleton are to marry at Westminster Abbey on April 29, 2011, which has been declared a bank holiday in celebration. The timing of this extra bank holiday, sandwiched between Easter weekend and the May Day bank holiday, means there will only be three working days between 22 April and 2 May 2011....

Dec
01
2010

Small Businesses Exempt from Right to Request Time to Train
#Employment

The right for employees to request time off from work to undertake study or training was introduced in April of this year to those employers with 250 or more employees. This right is due to be extended from April 2011 to all employees....

Dec
01
2010

Collective Consultation - When Does the Obligation Arise?
#Employment

It is established under s.188 TULRA 1992 that the obligation of an employer to collectively consult arises when the employer is ‘proposing` to dismiss as redundant 20 or more employees....

Dec
01
2010

Integration of an Agency Worker
#Employment

The case of Tilson -v- Alstom Transport demonstrates that a significant degree of integration of an agency worker into an organisation may not necessarily lead to a contractual relationship being implied....

Dec
01
2010

Challenges Disabled Job-seekers face in the Job Market
#Employment

In the current climate of job losses and costs being cut, hunting for employment can be very difficult and demoralising. Disabled job-seekers will argue that the situation is far worse for them and that their biggest barrier to getting a job is getting to the interview stage in the first place....

Nov
30
2010

Here we snow again ...
#Employment

In January 2010 up to 124 million working hours were reported to have been lost in a single week because of the adverse weather conditions at the time. With severe weather occurrences seemingly on the rise it may be time to dig out those adverse weather polices that you all have in place! An adverse weather policy should set out clear guidance on what employees should do in the event of workplace closures, disruptions to public transport or needing to work from home. Maybe it is also time to review those flexible working polices......

Nov
30
2010

Have you managed your workers` annual leave?
#Employment

A poll of more than 3,200 UK workers by recruitment website Monster.co.uk found that 24 per cent said they still have 10 days holiday, or more, left to take before Christmas. The Public sector was reported to have the highest number of workers with a large proportion of holiday left - maybe as a result of wanting to appear indispensible at these hard times....

Nov
30
2010

Further BA strike threatened over travel perks
#Employment

The British Airways dispute continues to rumble on with the news that BA cabin crew are to be balloted again over strike action before Christmas. UNITE has confirmed that there will be no actual strike action over Christmas....

Nov
26
2010

Most people jump for joy at the thought of retirement - or do they?
#Employment

The evidence is that older workers are seen as valuable employees who bring vital skills, knowledge and experience to their jobs. Negative stereotypes about their abilities seem to be declining. The focus from managers is moving to talent and performance rather than age which is helping to reduce the wasteful effects of discrimination, with age no longer having such a strong and unfair influence on the way decisions are made about people in connection with recruitment, job performance or selection from redundancy....

Nov
23
2010

Are you protected from employee data theft?
#Employment

Insider data theft is rife in the UK, a survey and figures from the High Court have shown. The survey of more than 1,000 UK employees by security firm Imperva found 72% admitted taking data, with customer records (50%) topping the list, followed by merger and acquisition plans (17%)....

Nov
18
2010

Socio-economic duty scrapped but Government backs flexible working for all
#Employment

The Government has decided to abandon implementation of the "socio-economic" duty, which was to come into force under the Equality Act. This proposed duty was part of Harriet Harman`s Equalities Bill and had been opposed by the Conservatives when in opposition....

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