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Jun
14
2010

Health and Safety Review - don`t throw the baby out with the bath water
#Employment

For years there have been complaints about Health and Safety going mad. We have heard reports of children having to wear goggles to play conkers, garden gnomes being "moved on" by over enthusiastic councils. Many people will therefore welcome the Prime Minister`s announcement that Lord Young is to carry out a review of health and safety laws. The intention is to reintroduce an element of common sense and not overwhelm businesses with red tape....

Jun
11
2010

Beware of the fake fit note!
#Employment

Just 2 months after they were introduced by the Government in an attempt to combat sickness absence, it appears that the fit new note is open to misuse....

Jun
11
2010

Simon Cowell being taken to Tribunal
#Employment

A former unsuccessful Britain`s Got Talent contestant is bringing legal action against Simon Cowell....

Jun
11
2010

Employees ignorant of their contractual rights?
#Employment

Which? Legal Service surveyed 4,000 members of the British public, asking whether they had read their contracts of employment. Shockingly, 26% said they had only skim read their contracts, while 6% confessed they had not read them at all....

Jun
10
2010

Beware of the fake fit note
#Employment

Just 2 months after they were introduced by the Government in an attempt to combat sickness absence, it appears that the new fit note is open to misuse....

Jun
08
2010

Without Prejudice Rule
#Employment

The without prejudice rule will generally prevent documents from being admitted and used as evidence against the interest of a party in any court hearing without the permission of both parties....

Jun
08
2010

Outcome of Criminal Proceedings
#Employment

Employers are often faced with procedural dilemmas on how internal proceedings are to run whilst ensuring a reasonable and fair process is carried out. What should an employer do in a situation where external criminal proceedings are taking place against one of its employees? Should they begin their own internal disciplinary proceedings immediately or wait for the external outcome?...

Jun
08
2010

Damages not limited
#Employment

It was held in Edwards v Chesterfield Royal Hospital NHS Foundation Trust that the employee was able to recover damages at large for a breach of a contractual disciplinary procedure....

Jun
08
2010

Years of Unwanted Conduct
#Employment

In cases of constructive dismissal where an employer has committed a repudiatory breach of contract, an employee must not delay too long before resigning or it would be taken that the contract has been affirmed....

Jun
03
2010

Avoiding an expensive way out.
#Employment

It has been reported that Liverpool FC has allegedly offered Manager Rafa Benitez a £3 million pound sum to leave his employment with the club. Mr Benitez had been employed on a fixed term contract which still has over 4 years left to run. The contract allegedly contained a clause stating that if his employment was terminated early he would receive £16 million in compensation....

May
27
2010

Don`t score an own goal during the World Cup!
#Employment

The Trades Union Congress (TUC) has warned employers against imposing a blanket ban on football during the World Cup, which starts on 11 June 2010. The TUC believes that a blanket ban runs the risk of demotivating staff and losing hours through unauthorised sick days. Instead, the TUC encourages employers to accommodate staff requests to watch matches....

May
26
2010

Reasonable Investigations
#Employment

When looking at unfair dismissal cases involving an employee`s misconduct, tribunals will look at whether the employer`s investigation into the alleged misconduct was fair and reasonable. This means that the employer need not have conclusive direct proof of the employee`s misconduct but a genuine and reasonable belief....

May
26
2010

BNP teacher accused of racial and religious intolerance
#Employment

Adam Walker is reported to be the first teacher to appear before the General Teaching Council (GTC) accused of racial and religious intolerance. He resigned from his role as a technology teacher, after the head teacher instructed IT staff to investigate Mr Walker`s use of the internet on his school laptop....

May
26
2010

Compromise Agreements
#Employment

The case of McWilliam & Others v Glasgow City Council is the first case to consider the criteria set out for a compromise agreement to be valid under the Sex Discrimination Act 1975. This case looked at whether there was a need for the employee to have received independent legal advice as to the terms and effect of the proposed agreement....

May
26
2010

Impending Retirement - Not Age Discrimination
#Employment

When applying for a position some posts require the applicant to hold certain qualifications. However, what happens when you are already employed and in order for you to attain a higher-paid grade the requisite is that you must have a degree?...

May
25
2010

Is your employees time being gobbled up?
#Employment

The version of Pac-Man added by Google to celebrate the 30th birthday of the game, cost employers almost five million hours of work time and $120 million, suggests a study by software firm Rescue Time....

May
25
2010

Queen`s Speech: Employment Implications
#Employment

The Queen`s Speech today outlined 22 parliamentary Bills to be debated in the new Parliament....

May
24
2010

Coalition agreement: employment implications
#Employment

The new coalition Government has today published its key policy plans. The plans are stated as being based on central principles of "freedom, fairness and responsibility" and cover a breadth of issues from banking to immigration....

May
24
2010

The end of the Working Time regs?
#Employment

More than one quarter (28%) of employers surveyed by the Chartered Institute of Personnel and Development (CIPD) and KPMG named the Working Time Regulations (WTR), which includes limits on working hours per week as well as setting compulsory rest periods and minimum annual leave entitlements, as the legislation that has the most negative effect on their business....

May
20
2010

BA strike: still going ahead!
#Employment

The High Court injunction granted on Monday, preventing the proposed BA strike, gave momentary hope for the 450,000 passengers likely to be affected by the strike....

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