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Sep
15
2011

Agency Workers Regulations 2010 - Anti Avoidance
#Employment

As has been recently well publicised, the Agency Workers Regulations 2010 (due to come into force next month), will provide agency workers with the same rights as employees with respect to pay and benefits after a 12 week qualifying period (i.e. a 12 week period working in the same role).  Specifically, provisions with respect to: basic pay, overtime, individual performance related bonu...

Sep
15
2011

Specific Public Sector Equality Duties Now In Force
#Employment

The Equality Act 2010 (Specific Duties) Regulations 2011 came into force on 10 September 2011.  The Regulations set out the specific public sector equality duties that certain public bodies must comply with.  The aim of the specific duties is to help public bodies comply with the general duty to promote equality in the workplace which has been in force since 5 April 2011. The first spe...

Sep
14
2011

Career break is not a reasonable adjustment
#Employment

Employers have a duty to make reasonable adjustments to mitigate the impact a provision, criterion or practice has on a disabled employee....

Sep
13
2011

Mediation in the European Union
#Dispute Resolution

For many years, mediation has been an important part of dispute resolution in the UK. Mediation offers a cost-effective and confidential way for parties to settle their differences and often enables parties to maintain ongoing business relationships which could be irretrievably damaged if the dispute proceeded to a full Court trial....

Sep
13
2011

Immigration: Shortage Occupation List Reduction
#Immigration

The Migration Advisory Committee (MAC), an independent advisory body, has advised that number of jobs on the Shortage Occupation List be reduced. This will limit migrants from outside the EEA to a smaller proportion of occupations in the UK. The MAC recommended that the list be reduced to cover 190,000 employees (not migrants), less than 1% of the UK workforce. In 2008 that list covered over 1 m...

Sep
13
2011

Renewable Energy, Judicial Review and Human Rights
#Dispute Resolution

For the first time, the Court has awarded what may turn out to be substantial damages to an energy supplier for the breach of their human rights by the Office of the Gas and Electricity Markets ("OFGEM")....

Sep
13
2011

Appointment of Arbitrators - Freedom of Choice v Equality Regulations
#Dispute Resolution

One of the many advantages of arbitration over court proceedings is the flexibility of the process. The parties are able to agree most aspects of the conduct of the arbitration to suit their needs and the nature of the dispute. For example, parties can agree the venue of the hearings, the language of the hearings and how evidence is presented to suit their particular requirements....

Sep
12
2011

Working Time & Compensatory Rest
#Employment

Under the Working Time Regulations a worker is entitled to a daily rest break if their daily working time exceeds six hours....

Sep
09
2011

Amendments to the Public Contracts Regulations 2006
#Public Sector

As of 1 October 2011, the Public Contracts Regulations 2006 (as amended by the Public Contracts (Amendment) Regulations 2009) (the "Regulations") will be further amended by the Public Procurement (Miscellaneous Amendments) Regulations 2011....

Sep
09
2011

Judicial Review - Important Costs Update
#Dispute Resolution

The Court of Appeal has recently reversed a longstanding rule on the recoverability of legal costs in judicial review proceedings. This is an important development which public bodies need to bear in mind if threatened with judicial review....

Sep
08
2011

ACAS publish social networking gudiance
#Employment

ACAS have published social networking guidance. It gives some tips on managing performance, recruitment/disciplinary issues, grievances, bullying, defamation, data protection and privacy....

Sep
08
2011

An AWOL employee cannot ‘self dismiss`
#Employment

Often, when faced with an employee who has gone AWOL,employers will write to the last known address, stating that if the employeedoes not get in touch within a specified period, it will be considered that hehas resigned.  In the recent case of Zulhayir v JJ Food Services Ltd, the EAThas held that in such circumstances, it cannot be said that there has been a ‘self-dismissal’.The...

Sep
08
2011

NMW & Sleep
#Employment

Two cases have been reported concerning staff sleeping on the job and their rights to receive the NMW for this time. In both cases, the EAT highlighted the danger of confusing ‘work` for minimum wage purposes with ‘working time` under the Working Time Regulations 1998, as the tribunal in both cases appears to have done....

Sep
08
2011

Unequal Pay?
#Employment

The Equal Pay Act (now the Equality Act) was introduced to ensure that  men and a women performing equal work would receive the same pay, unless the difference could be shown to be because of a material factor other than sex. However a recent case has shown that a successful claim may result in the woman receiving more pay than her comparator. A woman can pursue an equal pay claim wher...

Sep
07
2011

The AWR: Mr Cameron`s dilemma
#Employment

It has been reported that the Prime Minister has secretly commissioned his own legal advice on the upcoming Agency Workers Regulations (AWR). Mr Cameron is reported to be concerned about the impact the AWR could have on the fragile UK economy. He is thought to have sought advice on ways in which the AWR could be diluted....

Sep
06
2011

New UKBA website launched but is it `improved`?
#Employment

Re-launched on 4 September 2011, the UKBA’S website has brought together all the agencies online content. The integration covers the Visa Services website and most of the 200 country websites which have been hosted by the Foreign & Commonwealth Office and commercial partners overseas. Remaining country websites are due to be brought into this website by the end of September. &nbsp...

Sep
06
2011

Moaning about work on Facebook
#Employment

There have been a spate of cases recently concerning employees & their use of Facebook to moan about work. However, this case shows that derogatory comments about work by an employee will not always justify dismissal....

Sep
05
2011

A fall in Tribunal claims - can the system now relax?
#Employment

Given the recent press regarding Government proposals to reduce Tribunal claims it is perhaps surprising that there has been an 8% fall in claims to the Tribunal from last year.  However this fall should be taken in context - last year`s figures showed a 56% increase in claims and this year`s figures represent a 44% increase on the 2008-9 number.  The small reduction this year...

Sep
05
2011

Crown Prosecution Service to bring first Bribery Act prosecution
#Employment

 The Crown Prosecution Service have announced this week that they intend to try the first Defendant allegedly guilty of offences under the Bribery Act on 14 October 2011. Munir Yakub Patel, a clerk in the  Redbridge Magistrates Court,  has been charged with requesting and receiving a bribe intending to improperly perform his functions under Section 2 of the Act. He allegedly accep...

Sep
01
2011

Agency workers: The countdown begins
#Employment

The Agency Workers Regulations 2010 come into force on 1 October. The Regulations will see a shift in the rights of agency workers or ‘temps`. All those who use agency workers should be aware of these changes....

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