Articles & Updates
Short Points
Date: 28 March 2012
Publication:
Service: Employment
SurrogacyNewcastle Employment Tribunal has made a reference to the ECJ concerning whether, under EU law, a woman who becomes a mother by way of surrogacy arrangement should be entitled to ...
Recent Employment Tribunal Decisions
Date: 28 March 2012
Publication:
Service: Employment
Recruitment: the importance of panel interviewsThis case serves as a useful reminder of the importance of conducting recruitment interviews via a panel wherever possible. A female professor at the ...
Key Equality Decisions
Date: 28 March 2012
Publication:
Service: Employment
Direct age discrimination: dismissal to avoid pension liability was justified An NHS Trust’s dismissal of a redundant Chief Executive without proper consultation in order to avoid his qualification for ...
A new fee regime in the employment tribunal
Date: 29 February 2012
Publication:
Service: Employment
The Ministry of Justice is currently consulting on charging fees in employment tribunals and the Employment Appeal Tribunal. In the employment tribunal, two alternative options are put forward. ...
Service Provision Change
Date: 29 February 2012
Publication:
Service: Employment
Under TUPE, a service provision change (SPC) ‘transfer’ occurs when activities are outsourced to a contractor, reassigned to a new contractor, or brought back in-house and the activities are carried ...
TUPE: Goods or services?
Date: 29 February 2012
Publication:
Service: Employment
Under TUPE, a service provision change (SPC) ‘transfer’ occurs when activities are outsourced to a contractor, reassigned to a new contractor, or brought back in-house and the activities are carried ...
Protecting your business from ex employees
Date: 29 February 2012
Publication:
Service:
If an employer wishes to restrict a former employee’s activities post-termination in order to limit adverse competition, it is important to ensure that the contract contains well drafted restrictive ...
2012: what’s on the employment horizon?
Date: 01 February 2012
Publication: Legal Update
Service: Employment
2012 promises to be an eventful year in the world of employment law with a number of proposals for tribunal reform and other changes on their way, and yet more in ...
Agency Work at North Pole
Date: 20 December 2011
Publication:
Service: Employment
Patch: The Temporary ElfPatch was thrilled when the Elf Agency telephoned him to offer him a job as a temporary elf at North Pole Limited, one of the leading toy ...
Employers affected by riots advised against knee-jerk reaction
Date: 10 August 2011
Publication: Legal Update
Service: Employment
As rioting spreads across UK cities and many businesses suffer damage to their premises, affected businesses should be wary of having an immediate 'knee-jerk' reaction to the situation. How should ...
Radical government proposals will change the legal landscape for employers
Date: 17 May 2011
Publication: Legal Update
Service: Employment
The Government has put forward radical proposals which, if implemented, will: allow fathers paid time off to attend 2 antenatal appointments reduce maternity leave to 18 weeks and paternity leave to 2 weeks ...
Abolition of Default Retirement Age: what it means for your business?
Date: March 2011
Publication: Working Times
Service: Employment
The Default Retirement Age (DRA) will be abolished with effect from 1 October 2011.Any dismissals for retirement taking place on or after 1 October 2011 will have to be justified under the Equality ...
Last minute changes to DRA abolition plans shock employers
Date: February 2011
Publication:
Service: Employment
Shortly after we sent you our detailed guide to the abolition of the default retirement age (DRA) the Government released the draft regulations. To the universal shock of employers and ...
Christmas: jingle bells or alarm bells?
Date: December 2010
Publication: Working Times
Service: Employment
The festive season brings with it a number of issues for employers. In this month's Working Times we consider some of the key problems and suggest some practical ...
Rudolph’s Story
Date: December 2010
Publication: Working Times
Service: Employment
Rudolph was so excited, he had finally been able to leave his horrible job and was starting a new one with Santa Clause. He couldn't believe his luck. He'...
Pregnancy & maternity: some recent cases
Date: October 2010
Publication: Working Times
Service: Employment
In this month's Working Times we look at some recent cases relating to pregnancy and maternity leave. a cautionary tale about office gossip regarding a colleague's pregnancy ...
Compromise Agreements – Meaning of ‘independent adviser’ under Equality Act 2010
Date: October 2010
Publication: Legal Update
Service: Employment
There is a risk that it is not possible to compromise discrimination claims under the Equality Act 2010 via a compromise agreement because of a problem in the drafting. A problem ...
Tax demand rebate scandal – what are your options?
Date: September 2010
Publication: Legal Update
Service: Employment
You may have read about the tax demand/rebate scandal in the papers or heard about it on the news. Millions of people will be getting a letter on their ...
Equality Act 2010 – exploring what’s changed
Date: August 2010
Publication: Working Times
Service: Employment
The Government has now confirmed that the main provisions of the Equality Act will come into force in October 2010 as originally planned. This month's Working Times, takes a detailed ...
Employment Tribunals - will you be caught out by disclosure?
Date: July 2010
Publication: Legal Update
Service: Employment
From time to time, every employment lawyer comes across documentary material prepared by a client which, although damaging to their case, must be disclosed to the other side. In ...
Disciplinary procedures: what’s new?
Date: June 2010
Publication: Working Times
Service: Employment
This month's Working Times considers a number of recent developments in the field of disciplinary investigations and hearings. We also consider the availability of injunctions to restrain breaches of ...
Has your workplace got World Cup fever?
Date: May 2010
Publication: Working Times
Service: Employment
The 2010 FIFA World Cup takes place in South Africa on 11th June 2010 to 11th July 2010 and, if previous years are anything to judge by, the whole nation will be gripped ...
Election 2010: Employment implications
Date: April 2010
Publication: Working Times
Service: Employment
The forthcoming general election is set to be one of the most contested electoral battles in recent history. Opinion polls, which are currently showing a huge leap in support ...
Is the new “fit note” fit for its purpose?
Date: March 2010
Publication: Working Times
Service: Employment
On the 6th April 2010, a brand new "fit note" will come into use by GPs, replacing the current "sick note". In this month's Working ...
Social networking: navigating the minefield
Date: February 2010
Publication: Working Times
Service: Employment
Our HR Forum event on the 28th January 2010 focused on navigating the minefield that social networking poses for employers. It was clear from the popularity of the event that ...
Disciplinary Hearings: professionals have a right to legal representation
Date: January 2010
Publication: Legal Update
Service: Employment
The Court of Appeal has confirmed that professionals in the public (and possibly the private) sector are entitled to legal representation at disciplinary/appeal hearings if the hearing might impact ...
Annual Leave: EAT says employees must use it or lose it
Date: January 2010
Publication: Legal Update
Service: Employment
The Employment Appeal Tribunal (EAT) has confirmed that workers must comply with their employer's rules for taking annual leave (or, in an absence of such rules, the notice provisions ...
What to expect in 2010 & important pensions tax changes
Date: January 2010
Publication: Working Times
Service: Employment
In this month's Working Times we take a look at some of the key employment law changes employers can expect in 2010. We also look at recent changes to ...
Snow Chaos: advice for employers
Date: January 2010
Publication: Legal Update
Service: Employment
The recent heavy snow fall across most parts of the UK has caused chaos for employers. Dangerous driving conditions and cancelled or severely delayed public transport mean that many ...
A child is born – a look at modern employment rights with a festive theme
Date: December 2009
Publication: Working Times
Service: Employment
A child is born - a look at modern employment rights with a festive theme. Mary & Joseph Mary and Joseph are looking forward to the impending birth of their ...
Christmas: jingle bells or alarm bells?
Date: November 2009
Publication: Working Times
Service: Employment
In this month's Working Times we consider some of the key problems employers encounter during the festive season and suggest some practical solutions. To party or not to party: ...
Case law update – useful benchmarks for employers
Date: October 2009
Publication: Working Times
Service: Employment
In this month's Working Times we consider a few recent cases which have set useful benchmarks for employers. A new right to legal representation at disciplinary hearings? Under sections 10 ...
Workers on sick leave can carry over annual leave
Date: September 2009
Publication: Legal Update
Service: Employment
In a ruling which follows hot on the heels of the Stringer decision, the European Court of Justice (ECJ) has confirmed that workers who fall ill during a period of ...
Pensions Contributions and Enhancements on Termination of Employment
Date: September 2009
Publication: Legal Update
Service: Employment
Banks have collapsed, businesses are struggling to raise finance and unemployment is soaring. The taxpayer will foot the bill for all of this. To help pay that bill, this year'...
Increase in a “weeks” pay for statutory payments
Date: September 2009
Publication: Legal Update
Service: Employment
On 1st October 2009, the cap on a “week's pay” for calculating statutory redundancy payments and unfair dismissal compensation will increase from £350 to £380. The cap on a “week’s pay” ...
National Minimum Wage: annual increase and use of tips
Date: September 2009
Publication: Legal Update
Service: Employment
The 1st of October 2009 will see national minimum wage rates increase and the introduction of a prohibition upon tips, service charges, gratuities and cover charges, which are paid to a ...
You’ve Been Credit Crunched - Pension Scheme Deposits in Collapsed Banks
Date: September 2009
Publication: Legal Update
Service: Employment
In the last 12 months, the taxpayer has rescued banks and the equity and bond markets have been particularly volatile. Investors of all kinds, from shareholders with small holdings to City ...
Recruitment in today’s economy - getting it right
Date: September 2009
Publication: Working Times
Service: Employment
The number of people unemployed in the UK has risen to its highest level in 14 years; 2.47million people (7.9% of the working population) are now jobless. More candidates are applying ...
Heyday decision – is it legal to retire employees at age 65?
Date: September 2009
Publication: Legal Update
Service: Employment
The House of Lords has today confirmed that it is legal to retire employees at the age of 65. In a long awaited judgment in the Heyday case, the Court ...
Swine Flu: how ready is your business?
Date: August 2009
Publication: Working Times
Service: Employment
Pandemic swine flu may well be the biggest problem employers have had to face this decade. Current estimates suggest that, at its peak, up to 50% of the UK workforce ...
Impact of the new Pensions Act – major changes for employers
Date: July 2009
Publication: Working Times
Service: Employment
The Pensions Act 2008 More of us are older than used to be the case and this trend is set to continue as birth rates stay low and we live healthier ...
Default retirement at 65 to be reviewed in 2010
Date: July 2009
Publication: Legal Update
Service: Employment
The Government has announced that it intends to bring forward its review of the default retirement age to 2010. Originally scheduled for 2011, the review has been brought forward to reflect the '...
Sick on a beach: the sequel
Date: June 2009
Publication: Working Times
Service: Employment
In February's Working Times we brought you details of the European Court of Justice's decision in Stringer v HMRC; that employees on long term sick leave continued to ...
Equality Bill 2009: A New Route to Equality
Date: May 2009
Publication: Working Times
Service: Employment
Over four years after the launch of the Discrimination Law Review, the long awaited Equality Bill was published on 27 April 2009. The Bill aims to harmonise and strengthen discrimination law to ...
Flexible Working: Friend or Foe?
Date: April 2009
Publication: Working Times
Service: Employment
On 6th April 2009, the right to request flexible working was extended to parents of children aged 16 or under. It is estimated that an extra 4.5 million working parents will benefit, in ...