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Jun
21
2012

Unfair Selection for Redundancy
#Employment

In the case of Mitchells of Lancaster (Brewers) Ltd v Tattersall it was decided that the use of subjective redundancy criteria was not considered to be unacceptable. Mr Tattersall was one of the five senior managers at Lancaster (Brewers) Ltd, who was unfairly dismissed after a flawed redundancy selection process, but within a 20% Polkey deduction. The Company appealed on several grounds, but th...

Jun
21
2012

Unemployment rates and immigration
#Employment

Earlier this year, the Independent reported that immigration does not cause unemployment. Research from the National Institute of Economic and Social Research found that the opposite may be true and that increased immigration could reduce unemployment rates. Unemployment has risen sharply since early 2008, according to figures from the Office for National Statistics which show that there are now...

Jun
19
2012

Globetrotters - senior personnel to spearhead development in new markets
#Immigration

As more businesses look to transact business abroad and enter lucrative new markets, inevitably senior personnel with knowledge and understanding of those markets will be recruited from overseas to work in the UK to spearhead development....

Jun
15
2012

A genuinely sick doctor
#Employment

Dr Norman Milligan (a consultant neurologist with 37 years experience), was forced to retire at the age of 59 in 2010, from his role at Poole NHS Foundation Trust.  He had been diagnosed with post-traumatic stress disorder.  This had developed as he had unfortunately watched a relative die in intensive care in March of the same year and consequently started to suffer from anxiety, night-terrors a...

Jun
14
2012

Government publishes Low Pay Commission remit for National Minimum Wage
#Employment

The Government has written to the Low Pay Commission (LPC) today setting out its remit for its 2013 Report....

Jun
14
2012

Liquidator`s Liability
#Dispute Resolution

In the recent decision in Wright Hassall LLP v Morris (2012), the Court was asked to determine whether an administrator was personally liable for an award of damages and costs entered against two companies in administration....

Jun
13
2012

Defending the right not to mediate
#Dispute Resolution

There are many different ways that a dispute can be resolved other than through the Courts. Since the Civil Procedure Rules were implemented in 1999, there has been a strong emphasis on encouraging parties to try to settle their differences out of Court wherever possible. In particular, the Courts have encouraged parties to resolve their disputes through mediation....

Jun
13
2012

Are you happy in your work?
#Employment

Latest survey shows that we are not as happy as we were....

Jun
12
2012

Government announces the proposed introduction of settlement agreements for dismissal
#Employment

Late yesterday evening at the second reading of the Enterprise and Regulatory Reform Bill, the Government announced plans to introduce "settlement agreements" for all employers. The aim is to make it easier for small employers to offer employees a financial incentive to leave voluntarily before a formal dispute arises....

Jun
11
2012

Review of Apprenticeships
#Employment

A review of apprenticeships in England has been launched by the Government. The review is to be led by Doug Richard (entrepreneur and campaigner for start up and small businesses) and will look at what makes a high-quality apprenticeship....

Jun
11
2012

Illegal working fines of £2.9 million issued in three months
#Immigration

In a three month period between 1st July 2011 to 30th September 2011, the UK Border Agency (UKBA) issued civil penalties to employers amounting to £2,934,500. The total amount of fines may reduce if employers bring successful appeals or challenges to the fines imposed....

Jun
11
2012

It's good to talk
#Employment

ACAS has published new guidance covering Challenging conversations and how to manage them....

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
06
2012

What does Vacant Possession mean for a Tenant breaking its Lease?
#Real Estate

Many of you might have noticed the words "the Tenant will deliver up vacant possession of the Premises........" in a break clause in your lease. What does that actually mean?...

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"....

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