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Employment Legal Updates

Keeping you up to date on the latest issues and what it means for you.

Gay footballers: not such a beautiful game for them?
A recent BBC documentary asked why not one of the 5,000 professional footballers in Britain has come out publicly as gay?
Date: 2012-02-02

Redundancy consultation: administrators must follow the rules
An employment tribunal has awarded ex-Woolworths staff up to £67 million in compensation because the administrators of the business failed to comply with the legal obligation to consult collectively about redundancies.
Date: 2012-01-31

31 January publication deadline for equality information
The deadline for public bodies to publish equality information about their organisation, as required under the Equality Act 2010, is Tuesday 31 January 2012.
Date: 2012-01-30

Planning for the Olympics: what should HR be doing?
The Olympic Games are six months away. While this will bring commercial opportunities for many businesses it could also create headaches for HR, and not just those teams dealing with staff in London.
Date: 2012-01-27

Failure to offer overtime not a detriment
An employer was entitled to refuse overtime to a worker who had not signed a working time opt-out.
Date: 2012-01-16

Pension schemes: Pension Protection Fund and contingent assets
The Pension Protection Fund has published its Levy Determination for the 2012-2013 levy year. The estimated levy is £550m, the lowest the PPF has set.
Date: 2012-01-13

Annual increase to employment tribunal awards from February 2012
The limits on awards in the employment tribunal will rise from 1 February in line with inflation.
Date: 2012-01-09

TUPE: Service provision change round-up
The last month has seen a flurry of decisions from the higher courts on some important questions regarding the interpretation of the service change provisions in TUPE.
Date: 2012-01-09

Pensions: Fixed Protection
HMRC has published a newsletter setting out the detail of the new Fixed Protection regime.
Date: 2011-11-24

Public sector strike: Will it lead to change in the law?
As yet another trade union confirms its members have voted for strike action, it is looking increasingly likely that there will be significant disruption to public services on 30 November as workers protest over changes to their pension.
Date: 2011-11-22

Diamond Jubilee bank holiday: put the date in your 2012 diary
After the excitement of this year’s Royal wedding, next year sees more regal celebrations with the 60th anniversary of HM Queen Elizabeth II coming to the throne and employers will have to grapple once again with an additional bank holiday.
Date: 2011-11-21

Constructive unfair dismissal and the dangers of the disciplinary process
The Government faces a claim for constructive unfair dismissal from the former head of the UK Border Agency after he resigned in protest at his treatment by Home Secretary, Theresa May.
Date: 2011-11-11

Changing employment terms after a TUPE transfer: EAT signals greater flexibility
Two recent decisions from the EAT suggest that employers inheriting employees on a TUPE transfer may have more freedom to change terms and conditions than previously thought.
Date: 2011-11-08

Pensions Act 2011
After much debate and publicity since its publication in January this year, the Pensions Bill has now received Royal Assent, with the resulting Pensions Act 2011 affecting several aspects of the provision of UK pensions.
Date: 2011-11-08

Anti-hunt protestor wins religion or belief discrimination claim
An animal rights campaigner and former hunt saboteur has won his claim that he was dismissed because of his belief in the sanctity of life.
Date: 2011-11-08

VAT and employment agencies
Earlier this year the First Tier Tax Tribunal handed down its decision in the case of Reed Employment Limited v HMRC ("Reed")
Date: 2011-11-03

Royal succession: the final frontier for female equality?
Ancient succession laws look set to change in the UK to allow first born royal daughters to inherit the throne, but perhaps surprisingly this is not the final frontier in the battle for gender equality.
Date: 2011-10-28

Directors at increased risk of personal liability for discrimination compensation
The Employment Appeal Tribunal has decided that two directors were personally liable to pay compensation for discrimination.
Date: 2011-10-27

More demanding diversity requirements for directors of listed companies
Changes to the UK Corporate Governance Code which will apply from October 2012 will increase companies’ obligations to ensure diversity on their boards.
Date: 2011-10-19

Managing employees in bad weather: prepare now to avoid slipping up
Media reports of another bitterly cold winter, dustings of snow already reported at Scottish ski resorts and local authorities stockpiling grit, what can employers do to try and avoid being caught out when bad weather arrives?
Date: 2011-10-19

Conducting redundancy consultation: guidelines for HR
As electronics company Philips announces thousands of job cuts, spare a thought for the HR team who have the unenviable job of delivering bad news to those affected.
Date: 2011-10-18

Bridging the gap in defined contribution pension schemes
Following the Supreme Court decision in Houldsworth and Hunter v Bridge Trustees (and DWP), additional clauses have been added to the Pensions Bill, which amend the definition of 'money purchase benefits' within current pensions legislation.
Date: 2011-10-17

Social networking: The employment conundrum
How should employers react to the increasing use of social networking sites by employees and how can they protect their businesses against any negative impact of such use?
Date: 2011-10-12

National minimum wage: employers must pay the price
The service sector is particularly vulnerable to costly compliance failures as the national minimum wage rises above £6 for the first time.
Date: 2011-10-10

Working time: round-up of the latest cases
There have been several important decisions on working time this month. The ECJ handed down a long awaited decision on airline pilots' pay and the Court of Appeal considered compensatory rest periods for special case workers.
Date: 2011-09-27

References: How should employers deal with outstanding allegations?
Employers can incur liability if they fail to give an accurate reference about an ex-employee, but what should they do when new allegations come to light?
Date: 2011-09-23

Pensions auto-enrolment: Assess your workforce
In the third of our series of articles on pensions auto-enrolment, we discuss the requirement for employers to assess their workforce; the different employee categories; and the rights applicable to each category.
Date: 2011-09-15

Pension scheme trustees: Do you know your statutory employer?
In July, the Pensions Regulator's statement:“Identifying your statutory employer”, confirmed that from November, scheme returns would require trustees of defined benefit schemes to expressly identify the statutory employer(s) in relation to their schemes.
Date: 2011-09-13

Salary sacrifice arrangements and VAT
A recent brief issued by HM Revenue & Customs (HMRC) has announced a change in practice as regards the VAT treatment of salary sacrifice arrangements.
Date: 2011-08-22

Holidays and sick leave: Latest EAT decision is further headache for employers
The law around holidays and sick leave is in a state of confusion after recent European and domestic cases. A new decision from the EAT provides some clarity but employers may not be thankful for it.
Date: 2011-08-16

Pension changes under the Finance Act 2011
The Finance Act 2011 received Royal Assent on 19 July and brought with it substantial changes to the pensions tax regime.
Date: 2011-08-11

Express substitution clause does not prevent employment status
The Supreme Court has confirmed that employment tribunals can disregard express contractual terms when considering the employment status of an individual
Date: 2011-08-10

Riots: How should retail employers respond?
As the rioting of the last few nights spreads from London to other cities around the country, what are the implications for employers whose businesses are affected?
Date: 2011-08-09

Sick of skivers? An employer's survival guide
UK businesses are losing an estimated £32bn per year due to the persistent absenteeism of a stubborn group of “skivers”
Date: 2011-08-09

Transfer of care home services to assisted living services was not a TUPE transfer
The Employment Appeal Tribunal has ruled that TUPE did not apply where an NHS care home closed and residents were re-housed in their own homes supported by private sector carers.
Date: 2011-08-08

Can pension schemes still use gender-specific actuarial factors?
The use of different actuarial factors for men and women within occupational pension schemes has long been acceptable under both UK and European legislation.
Date: 2011-08-04

Pensions auto-enrolment: What do you need to do?
In the article, Do you know your staging date? we introduced the new employer duties on pensions auto-enrolment. The Pensions Regulator has just released some online interactive tools to help smaller businesses prepare for these duties.
Date: 2011-08-02

The Bribery Act 2010: There is no such thing as a free lunch for pension scheme trustees
The Bribery Act clarifies and simplifies the pre-existing law on bribery, creating a new legal framework to combat bribery in the private and public sectors. It is aimed at corporate activity but it also applies to trustees of individual pension schemes.
Date: 2011-08-01

Constructive dismissal: The usual rules apply to football clubs
There is a perception that football clubs don't need to concern themselves with employment law. "Well, football is football isn't it? Things are different aren’t they?". Falkirk Football Club recently learnt that the answer was, definitely not.
Date: 2011-07-25

Equal pay: TUPE transfer was a defence and employer was not required to "red circle"
The EAT has overturned a tribunal’s decision and dismissed equal pay claims brought by two female managers because it found the genuine reason for the difference in their pay continued to be a TUPE transfer.
Date: 2011-07-14

Pension auto enrolment is coming - employers need to get prepared
Next October sees the start of radical, compulsory pension changes that will eventually affect all employers. The new regime is administratively complex and will be costly: employers need to start planning now
Date: 2011-07-14

The News of the World: not the end of the story for staff
This weekend’s edition of the News of the World (NoW) may have been the last, but with rumours of “The Sun on Sunday” taking its place the legal ramifications for the NoW’s 200 employees are far from over.
Date: 2011-07-12

Can an employer fairly dismiss an employee due to third party pressure?
Recent case law suggests that employment tribunals are increasingly willing to consider third party pressure as a sufficient reason to dismiss employees.
Date: 2011-07-11

Terminating employment: care needed when drafting termination letters
A recent decision of the Employment Appeal Tribunal has highlighted the importance of careful drafting when it comes to terminating employment.
Date: 2011-07-06

Cutting employees' pay: whether management have also taken a pay cut may be relevant to question of fairness
Where an employee has been dismissed for failing to accept a pay cut whether management have also taken a pay cut may be relevant to whether the dismissal was unfair.
Date: 2011-07-06

Employee not entitled to legal representation at internal disciplinary hearing
The Supreme Court has ruled that an employee was not entitled to legal representation at an internal disciplinary hearing.
Date: 2011-07-06

Specific duties to support the public sector equality duty coming into force
The new public sector equality duty under section 149 of the Equality Act 2010 has been in force since 5 April 2011. Regulations to implement the supporting, specific duties have now been laid before Parliament.
Date: 2011-07-04

Religious discrimination: Indirect discrimination is lawful if it can be justified
Two recent cases demonstrate that where an employer can justify its actions and has acted reasonably it will not be liable for indirect religious discrimination.
Date: 2011-06-27

Getting across the line - when can an employer dismiss an employee fairly?
A charity worker who dressed as Brian the Snail to crawl the London marathon was reportedly sacked for failing to raise enough sponsorship money but was this a fair reason for dismissal?
Date: 2011-06-17

Ill-health dismissals: EAT gives guidance on employers' considerations
The EAT has given guidance on how an employer should approach a capability dismissal on ill-health grounds. It confirmed that this is the same approach as in conduct dismissal cases.
Date: 2011-06-17

Employee did not have to be paid while remanded in custody awaiting criminal trial
The Employment Appeal Tribunal has confirmed that an employer did not unlawfully withhold wages from an employee who was remanded in custody awaiting a criminal trial.
Date: 2011-06-17

Collective agreements on a TUPE transfer: Supreme Court refers question to European Court
The Supreme Court has handed down its judgment in Parkwood Leisure Limited v Alemo-Herron but the position regarding collective agreements on a TUPE transfer is still unclear.
Date: 2011-06-15

Working from home during the Olympics: What do employers need to know?
The Government has urged people in the capital to work from home to avoid potential travel chaos around the 2012 Olympics.
Date: 2011-06-15

Pensions auto-enrolment: Do you know your staging date?
From October 2012, the Government will be phasing in new requirements whereby all employers must auto-enrol employees into some form of pension arrangement.
Date: 2011-06-09

Older workers: withdrawal of insured employment benefits not a foregone conclusion
A new legal exemption purporting to allow the withdrawal of insured benefits from older employees is proving less helpful than employers first thought.
Date: 2011-06-01

Right to request flexible working for all employees
The statutory right for parents and carers to request to work flexibly looks likely to be extended to all employees in the near future.
Date: 2011-05-18

Radical shake-up of family leave rights from 2015
The Government has set out its proposals for a radical shake-up of family friendly rights from April 2015.
Date: 2011-05-18

Women in the Boardroom: Changes to UK Corporate Governance Code?
The push to increase the number of women in the UK’s boardrooms gathered pace this month with a new consultation paper on gender diversity reporting.
Date: 2011-05-17

Anonymity in the employment tribunal: will the spread of the super-injunction affect workplace claims?
In certain circumstances an employment tribunal can protect the identity of those involved in proceedings. In this article we examine these little known powers and the extent to which they can be used to preserve the parties’ privacy.
Date: 2011-05-11

Agency workers and equal treatment: preparing for October's new law
New regulations will soon give temporary agency workers the right to some equality of treatment after 12 weeks in an assignment. Organisations which use such workers and their agencies need to start preparing now.
Date: 2011-05-10

Pre-employment vetting in the retail sector: help or hindrance for employers?
Pre-employment vetting is used by many employers, but how effective is it and what are the potential legal risks?
Date: 2011-05-09

Internships under the spotlight: employers risk legal breach if they do not pay those doing work experience
Internships have become more common in the UK’s workplaces but employers might not realise they could be breaking the law if they do not pay those on work experience at least the national minimum wage.
Date: 2011-04-13

Treatment of employees on maternity leave: over-cautious approach by employer led to successful sex claim by male employee
Special treatment given to women who are pregnant or on maternity leave should be proportionate if employers are to avoid sex discrimination claims from men.
Date: 2011-04-13

National minimum wage to rise above £6 in October 2011
The new rates for the national minimum wage which will apply from 1 October 2011 have been announced. The adult rate is set to rise above £6.
Date: 2011-04-13

New employment law in force in April 2011
Are you ready for April’s shower of new employment laws? Employers need to make sure that their HR teams know what is happening and when.
Date: 2011-04-05

Coming out as gay at work: dos and don’ts for employers
Employers faced with an employee who comes out as gay at work for the first time may be unsure how they should react: there is little guidance available for organisations.
Date: 2011-04-05

Fixed term employees: top ten myths expose legal risks for employers
The law relating to fixed-term employees is more complicated than many employers realise, in this article we expose the “top ten” myths about fixed-term employees.
Date: 2011-04-04

End of the local government two-tier code: good news for outsourcing
The Code of Practice on Workforce Matters in Local Authority service contracts was abolished with immediate effect on 23 March 2011.
Date: 2011-04-01

Extension of right to request flexible working is shelved
It was confirmed in the Budget that an extension to flexible working rights would not take place this April as expected.
Date: 2011-03-28

Equality Act 2010: Dual discrimination provision will not be brought into force
A provision in the Equality Act 2010 which would have allowed discrimination claims based on a combination of protected characteristics will not now come into force the Government has confirmed.
Date: 2011-03-28

Public sector equality duty in force from 5 April 2011 but supporting legislation delayed
The new public sector equality duty will come into force on 5 April 2011 but the specific duties which were intended to support the main duty will be subject to further consultation.
Date: 2011-03-28

Right to request time off for training will not be extended to smaller employers
It was confirmed in the Budget that the right for employees to request time off to train, will not be introduced for employers with less than 250 people in April 2011 as had been expected.
Date: 2011-03-28

Small employers' employment law moratorium: will it work?
One of the headlines from the Budget was a three year moratorium on new employment laws for small employers but lawyers are questioning how this will work in practice?
Date: 2011-03-28

Equality Act 2010: Codes of Practice in force from 6 April 2011
The new statutory codes of practice issued by the Equality and Human Rights Commission under the Equality Act 2010 will come into force on 6 April 2011. The current codes of practice which still reflect the old law will be repealed from the same date.
Date: 2011-03-22

Never mind the wheels, what about the pensions?
There has been a lot of media interest this week about the potential rise in motor insurance premiums, due to a case being brought before the European courts. A decision in the case has now been published and its impact is far reaching.
Date: 2011-03-02

Dealing with the death of the default retirement age: implementation checklist for employers
Time is running out for employers who currently require their employees to retire at 65: the law changes on 6 April 2011.
Date: 2011-03-02

Abolition of the default retirement age: regulations amended to correct concerns over transitional arrangements
New regulations ending the use of the default retirement age have been amended before they have even come into force to correct a drafting mistake which threatened to create chaos for employers.
Date: 2011-03-02

Diversity in the Boardroom: EHRC to target companies
Following the publication of Lord Davies' review into women in the boardroom, the Equality and Human Rights Commission has said it intends to make boardroom diversity a priority for its investigations.
Date: 2011-03-01

New disability guidance about to come into force
New guidance to help courts and tribunals decide if a claimant is disabled for the purposes of the Equality Act 2010 has been laid before Parliament.
Date: 2011-02-22

Time off for training will not be extended in April
The right for employees to request time off for training was expected to be extended to smaller employers this April. It has now been confirmed that this will not go ahead.
Date: 2011-02-22

Vetting and barring scheme to be significantly scaled back
The Government has confirmed that the controversial vetting and barring scheme is to be dramatically scaled back.
Date: 2011-02-22

Abolition of the default retirement age moves closer
The Government has laid draft regulations before Parliament to implement the abolition of the default retirement age which currently allows employers to lawfully force employees to retire at age 65.
Date: 2011-02-22

Guarantors and lease assignment: The AGA debate continues
A recent case has considered the judgment in Good Harvest Partnership LLP v Centaur Services Ltd but it does not offer any clarity on the issues it raises about guarantees and lease assignment.
Date: 2011-02-09

Abolition of default retirement age and employee share schemes
Companies may need to amend their employee share scheme rules as a result of the abolition of the default retirement age.
Date: 2011-02-01

Unfair dismissal compensation and statutory redundancy payment increases
From Tuesday 1 February 2011 employers who dismiss employees unfairly will face a larger penalty: the maximum compensatory award for unfair dismissal will increase to £68,400. The maximum statutory redundancy payment will also go up to £12,000.
Date: 2011-01-31

Reforming employment tribunals and removing burdens from employers: Consultation on workplace disputes launched
As part of its Growth Review, the Government has launched a consultation on resolving workplace disputes and removing burdens from employers so that they feel more confident about employing people.
Date: 2011-01-27

Volunteer not protected against discrimination
The Court of Appeal has ruled that an unpaid volunteer was not protected against disability discrimination.
Date: 2011-01-27

Employers facing risks from appearance policies
Employers may try to recruit employees who "fit" their organisation's brand and values but they may not be aware that in doing so they risk discrimination claims.
Date: 2011-01-27

Equality body could take action against employers
Employers may not be aware that the Equality and Human Rights Commission has extensive powers to take or assist action against them in respect of breaches of equality and human rights legislation.
Date: 2011-01-19

Shared parental leave to be introduced from 2015
The Government will shortly be launching a consultation on a more flexible system of parental leave to be shared between parents with the aim of introducing changes from 2015.
Date: 2011-01-18

Government confirms default retirement age will be abolished this October
The Government confirmed today that it is abolishing the default retirement age from 1 October 2011. Phasing out will begin from April.
Date: 2011-01-13

Positive action in recruitment under the Equality Act 2010: Nothing to fear?
The Government has published guidance on how the Equality Act's positive action provisions for recruitment and promotion, which are coming into force on 6 April, will work.
Date: 2011-01-13

New public sector equality duty from April 2011: further details and guidance
The new public sector equality duty comes into effect on 6 April 2011. New guidance has been published this week to assist public bodies with preparing for the change.
Date: 2011-01-13

Maternity cover: Employers urged not to get caught out when mothers return to work
Employers will be aware that women on maternity leave have a right to return to their previous jobs.
Date: 2011-01-12

Flu fears: What should employers be doing?
As the seasonal surge of flu continues, we consider what employers should be doing to protect their workforce and how they can prepare for the worst.
Date: 2011-01-10

Two-tier code for public sector contracts scrapped
The two-tier code, which restricted the flexibility of contractors to set their own employment terms for staff working on public sector contracts, has been abolished.
Date: 2010-12-21

Women in the boardroom: Changing the balance - a challenge for 2011
Gender equality is becoming a hot topic in the boardroom. Listed companies need to start preparing themselves for Government action in 2011 which now looks like a real possibility.
Date: 2010-12-08

Positive action in recruitment and promotion gets the go-ahead
The Government has confirmed that provisions in the Equality Act 2010 allowing employers to take "positive action" in recruitment and promotion will come into force in April 2011.
Date: 2010-12-08

Compulsory publication of gender pay gap information on hold for private employers
The Government has confirmed that it will not force larger private employers to publish their gender pay gap information while a voluntary approach to transparency is tested.
Date: 2010-12-08

Beware of the ICO
In April 2010, the Information Commissioner's Office was authorised for the first time to issue fines in the case of serious data protection breaches. The ICO are now empowered to issue fines up to £500,000.
Date: 2010-11-26

Snow patrol: How should employers prepare for adverse weather?
As significant snowfall is forecast for the UK in the next few days, we examine the potential legal issues where employees are unable to get to work due to bad weather.
Date: 2010-11-24

Royal wedding bank holiday - what does it mean for employers?
It has been confirmed that there will be an extra bank holiday in 2011 for the wedding of Prince William and Kate Middleton on 29 April. What does this mean for employers trying to manage their workforce?
Date: 2010-11-24

Preparing for the London Olympic Games 2012: Suggestions for HR
The International Olympic Committee’s recent inspection of preparations for the 2012 Olympics was a timely reminder to employers, particularly those in London, of the need to start planning for workforce issues during the Games.
Date: 2010-11-22

Socio-economic duty will not come into force
The Government has confirmed that the controversial socio-economic duty, which would have required public bodies to consider social disadvantage when designing their services, will be scrapped.
Date: 2010-11-18

Vetting and Barring Scheme: the chaos continues
The High Court has ruled that the Safeguarding Vulnerable Groups Act 2006 breaches human rights law.
Date: 2010-11-17

Compromise agreements: Are they valid?
The statutory regime for compromising employment claims under the new Equality Act 2010 is currently the subject of unwelcome uncertainty. Employers who are agreeing termination packages with departing employees need to be aware of the potential risks.
Date: 2010-11-11

Bribery Act 2010: Adequate procedures and personal liability
The consultation period set by the Ministry of Justice concerning its guidance for assessing whether adequate procedures are in place to combat bribery and corruption has now closed.
Date: 2010-11-09

Who is the transferor under TUPE? ECJ ruling has consequences for transactions
Group service companies: European Court of Justice (ECJ) confirms employees transfer even if their employer is not party to a transaction.
Date: 2010-11-09

TUPE: When does obligation to consult arise? EAT guidance on meaning of 'measures'
Under TUPE the obligation to consult arises when 'measures' are envisaged. The legislation does not define measures, but a recent Employment Appeal Tribunal (EAT) case has given a wide interpretation.
Date: 2010-11-09

Redundancy selections: What does a fair selection procedure involve?
The Employment Appeal Tribunal (EAT) has considered what employers have to do to ensure a fair selection process in redundancy dismissals.
Date: 2010-11-09

Justifying retirement ages: How can employers avoid age discrimination claims?
The default retirement age of 65 is expected to be abolished in October 2011. Employers who wish to retain a retirement age are asking how they can justify it.
Date: 2010-11-09

Cloud computing: Employment law implications
We continue our review of cloud computing by focusing on some of the key issues for employers to consider.
Date: 2010-11-04

Future of vetting scheme hangs in the balance
The Vetting and Barring Scheme (VBS) designed to protect children and the vulnerable is being re-examined by the Government, its fate will be announced early in the New Year.
Date: 2010-11-02

Government plans radical changes to family friendly rights
The right to flexible working will be extended to all parents of children under 18 from April 2011 as the first phase of a radical overhaul of family friendly rights recently announced by the Government.
Date: 2010-11-02

No reprieve for employers from agency workers regulations
Hopes that the new Government would change (or even scrap) the controversial Agency Workers Regulations 2010 were dashed earlier this month when it was confirmed they would come into force unchanged from October 2011.
Date: 2010-11-02

Supreme Court guidance on when termination by employer is effective
A recent Supreme Court decision contains important guidance for employers on how - and how not - to terminate an employee's employment effectively.
Date: 2010-11-02

Off-shore workers' annual leave entitlement decided by Scottish Court
The Scottish Court of Session has handed down an important ruling on annual leave entitlement under the Working Time Regulations 1998 (WTR) in which it held that there is no rule that annual leave must be taken from what would otherwise be working time.
Date: 2010-11-02

Employers should put performance management at top of agenda
Managing employees' performance is becoming increasingly important for businesses struggling in a challenging economy.
Date: 2010-10-20

Pensions legislation update: Surplus to requirements
The Department for Work and Pensions (DWP) last week provided welcome clarification on the statutory procedure pension scheme trustees must follow to preserve any existing power to pay scheme money to a sponsoring employer.
Date: 2010-10-18

What does the Bribery Act have to do with HR?
The Bribery Act 2010 comes into force in April 2011 and has been described as the toughest anti-corruption legislation in the world.
Date: 2010-10-14

Government announces radical overhaul of family friendly laws
The Government’s family friendly policies are a little clearer after it announced changes to flexible working rights and confirmed that the new right to additional paternity leave will come into force in 2011.
Date: 2010-10-01

A new age? Ending of the default retirement age
On 29 July, the Government issued a consultation document on phasing out the default retirement age.
Date: 2010-09-22

Equality Act 2010: Details of October implementation for employers
After months of speculation, the Government has confirmed which provisions of the historic Equality Act 2010 will come into force this October.
Date: 2010-09-06

31% drop in fatal accidents as recession bites
Provisional fatal accident figures issued by the Health and Safety Executive (HSE) for 2009-10 reveal a second year of sharp drops, particularly in the construction sector.
Date: 2010-08-16

TUPE transfer is no ongoing defence to equal pay claim
An employment tribunal ruling suggests contractors should be wary about equal pay claims when they inherit staff on an outsourcing.
Date: 2010-08-04

Age: A concern? End of compulsory retirement from October 2011
The Government has confirmed it is to abolish the default retirement age of 65, which currently allows employers to force employees to retire at that age.
Date: 2010-08-02

CPI, SPA, default retirement age: Ones to watch in the coming months
The Government has announced it will change the basis on which private sector pensions will be required to be increased.
Date: 2010-07-20

Panel considers 700th trade union recognition application
The Central Arbitration Committee’s annual report reveals that it dealt with its 700th recognition application during 2009-2010.
Date: 2010-07-12

Employers: Why you must comply with employment law
Recent annual statistics for employment tribunal services show claims submitted reached a record figure this year – up 56% on last year.
Date: 2010-07-12

Green light for redundancy payment cap – but for how long?
A recent decision is good new for employers operating contractual redundancy payment schemes, but the position may change in the future.
Date: 2010-07-12

Agency worker changes under review
The new government has confirmed that the controversial Agency Workers Regulations 2010 are being reviewed – before they have even come into force.
Date: 2010-07-07

Equality Act 2010 will start coming into force in October
The new government has confirmed that it will stick with the implementation timetable for the Equality Act 2010 set by the previous Labour administration.
Date: 2010-07-05

Emergency Budget 2010: Summary
The Chancellor delivered the 2010 Emergency Budget on 22 June. Here are the main tax points of interest.
Date: 2010-06-23

Wage rules set to change for apprentices
The new government has accepted the Low Pay Commission’s previous proposals to increase the national minimum wage and introduce an apprentice rate for the first time from October this year.
Date: 2010-06-22

The Equality Act 2010: The Devil’s work?
One getting to grips with the new Equality Act 2010 may be concerned to note that ‘being taken as a devil’ is now, apparently, a protected line of work.
Date: 2010-06-22

Dealing with grievances: What do managers need to know?
In this article we set out some guidelines for managers dealing with employees’ grievances.
Date: 2010-06-21

Supreme Court to consider the question of collective agreements on a TUPE transfer
Companies considering tendering for public sector work where employees’ terms and conditions are governed by collective agreements will be concerned to hear that the Supreme Court has granted permission for an appeal in the Alemo-Herron case.
Date: 2010-06-21

Government orders Vetting and Barring Scheme rethink
Voluntary registration with the Vetting and Barring Scheme (VBS) due to begin next month has been halted to allow the new coalition government to fundamentally remodel the scheme.
Date: 2010-06-15

The new UK Corporate Governance Code: What does it mean for directors?
The final version of the new UK Corporate Governance Code (the Code) was published on 28 May by The Financial Reporting Council (FRC).
Date: 2010-06-03

Ten things managers need to know about...misconduct disciplinary situations

Date: 2010-05-26

Employers need game plan for tackling World Cup absences
With the World Cup getting under way in South Africa next month, employers need to consider their strategy for keeping control of employee absences during the tournament.
Date: 2010-05-12

Underperforming managers: Give them extra time or send them for an early bath?
As the football season draws to a close, West Ham have sacked their manager and the future of several others looks precarious. Employment specialist and partner Richard Santy considers how to avoid employment law making an ugly mess of the beautiful game.
Date: 2010-05-11

Change of legal provider was not a TUPE transfer
The Employment Appeal Tribunal (EAT) has recently ruled that TUPE did not apply when a client changed the lawyers on its legal panel.
Date: 2010-05-11

Changing terms without consent: Ruling makes it possible
Like most types of contracts, employment contracts can usually only be varied by consent.
Date: 2010-04-22

Is your website accessible by the disabled? The law says it should be
Website owners have had a legal duty to make their websites accessible to the disabled for more than a decade.
Date: 2010-04-21

Employers handling Iceland volcano fallout
Last week’s volcanic eruption in Iceland is causing a legal headache for employers, as planes are grounded and staff left unable to get back to work.
Date: 2010-04-20

Additional paternity leave regulations in force this month, but only where baby is due on or after 3 April 2011
Employers have just under a year to prepare for the extension to statutory paternity leave and pay. Our Q&As provide a starting point.
Date: 2010-04-07

Employees can now ask for time off to train
The new right to request time off to train came into force on 6 April 2010 for employers with 250 or more staff. It is expected to apply to all other employers from 6 April 2011.
Date: 2010-04-07

Employers must be prepared for fit notes
The new statement of fitness for work (fit note) replaced the current medical statement or ‘sick note’ on 6 April 2010.
Date: 2010-04-07

New rates for statutory pay from 4 April 2010
Do not forget that on 4 April the weekly prescribed rate of statutory maternity, paternity and adoption pay increased to £124.88 (from £123.06) or 90% of the person's average weekly earnings if less than £124.88.
Date: 2010-04-07

Regulators to get details of ‘whistleblowing’ claims
From 6 April 2010 the employment tribunal will be able to send details of cases involving whistleblowing allegations to relevant regulators such as the HMRC.
Date: 2010-04-07

Happy new tax year: What do the next 12 months hold for UK pension schemes?
Welcome to the new tax year 2010/11. A new year is always an opportune time to make resolutions, and a new tax year is no exception.
Date: 2010-04-06

Employment status: Warning for employers as HMRC gets heavy with WeightWatchers
A recent ruling by HM Revenue & Customs (HMRC) is a cautionary tale for organisations that use staff they treat as self-employed.
Date: 2010-03-29

Equality Bill developments: Pre-employment health questions to be outlawed
The Equality Bill is continuing its passage through Parliament and now looks set to become law before the General Election, widely expected to be held in May.
Date: 2010-03-29

October National Minimum Wage increase, while apprentices get it for the first time
This year’s increases in the rates of National Minimum Wage (NMW) have been announced. As expected, apprentices will be entitled to a minimum wage for the first time.
Date: 2010-03-29

Equal treatment for agency workers: businesses need to start preparing for 2011 changes
From next year there will be important changes to the the rights of agency workers.
Date: 2010-03-16

New NI rules affect EU workers and employers
From 1 May 2010, the National Insurance (NI) rules that apply to employees who work in more than one EU Member State will change.
Date: 2010-03-05

All change in April for employment law
April and October are the two months when most changes to employment law are introduced. This year is no different, with plenty of changes coming into force in April.
Date: 2010-03-02

It's not all about Mr Brown ...
Recent media attention around whether or not the Prime Minister bullied staff threatened to obscure the real problem of bullying in the workplace and the serious and harmful effects it can have on employees.
Date: 2010-02-26

Contractual power allows employer to change employment terms without employees’ agreement
The Employment Appeal Tribunal (EAT) has ruled in favour of Asda after employees challenged its right to make changes to their pay structure unilaterally.
Date: 2010-02-22

Re-certification of PPF guarantees: Deadline alert!
The deadline for the submission of documentation to the Pension Protection Fund for the certification of contingent assets is 31 March 2010.
Date: 2010-02-17

Court of Appeal rules in BA crucifix case
The Court of Appeal has handed down judgement in the case of a British Airways worker who claimed her employer's uniform policy discriminated against Christians.
Date: 2010-02-12

Employers must keep lone workers under review or risk breaching health and safety laws
Employers have a legal duty of care to do everything reasonably practicable to ensure the health and safety of their employees.
Date: 2010-02-08

Contractors' relief at ruling they are not bound indefinitely by third party collective agreements
In what will be a very welcome decision for employers, the Court of Appeal has ruled that contractors who take on staff as a result of a TUPE transfer are not bound by new collective agreements negotiated by third parties after the transfer.
Date: 2010-02-02

Fit notes to replace sick notes from April 2010
Following last year’s consultation on replacing sick notes with fit notes the Government has said it will bring regulations implementing the change into force from April this year.
Date: 2010-02-02

IT suppliers: dotting the 'I's and crossing the 'T's following EDS v BSkyB
The verdict has finally arrived in the long-running IT dispute between EDS and BSkyB, for which the trial ended over a year ago.
Date: 2010-01-28

Statutory paternity leave and pay extended for babies due on or after 3 April 2011
Statutory paternity leave and pay extended for babies due on or after 3 April 2011
Date: 2010-01-27

Codes of practice on discrimination set to change
The Equality and Human Rights Commission (EHRC) has launched a consultation on three new discrimination codes of practice (the Codes) to support the Equality Bill when it comes into force.
Date: 2010-01-26

Legal representation at disciplinary hearings may be needed to protect employees' human rights
The Court of Appeal has ruled that employees may be entitled to legal representation at some internal disciplinary hearings.
Date: 2010-01-26

EAT considers extent of sex discrimination protection for woman undergoing IVF treatment
Employees who are pregnant enjoy a significant level of legal protection.
Date: 2010-01-04

Christian registrar loses civil partnerships fight
The Court of Appeal has rejected an appeal by the Christian registrar who claimed being forced by her employer to officiate at civil partnerships ceremonies was religious discrimination.
Date: 2009-12-22

TUPE: Guidance given on the time frame for informing and consulting
The Employment Appeal Tribunal has clarified the timing for giving information to employee representatives where a TUPE transfer is proposed.
Date: 2009-12-22

Unprecedented reduction in compensation for unfair dismissal from February 2010
For the first time ever the compensation limit in unfair dismissal cases will fall in February 2010.
Date: 2009-12-22

Database of serial litigants now live
For a fee, respondents facing employment tribunal claims can now find out if the claimant has previously won or lost other employment cases.
Date: 2009-12-22

No wheelchair access meant bank breached disability discrimination law
Disability discrimination laws do not just apply to employers. They also require service providers to make reasonable adjustments for their customers – which could include altering their premises.
Date: 2009-12-01

National minimum wage: Sleeping-in allowance counted towards minimum wage
The Employment Appeal Tribunal (EAT) has ruled that a payment made for time spent overnight at a residential care home could be taken into account when calculating whether the employer had paid the national minimum wage (NMW).
Date: 2009-12-01

Avoiding higher tax rates: Employment and tax issues
From 6 April 2010 higher rate tax will increase to 50% on earnings over £150,000.
Date: 2009-11-26

Queen’s Speech confirms 2011 equal treatment for agency workers
The Queen's Speech has confirmed that from October 2011 the 'Government will legislate to provide agency workers with the right to be treated equally with permanent staff on pay, holidays and other basic conditions'.
Date: 2009-11-19

Occupational health guidance requires patient consent to disclose reports to employers
Employers seeking medical reports on employees from occupation health doctors may be frustrated by new guidance from the General Medical Council (GMC).
Date: 2009-11-04

Employee with climate change belief protected against workplace discrimination
A decision by the Employment Appeal Tribunal (EAT) means employees holding philosophical beliefs may now enjoy legal protection against discrimination in the workplace.
Date: 2009-11-04

Companies in breach of Data Protection Act if they disclose directors’ home addresses
From 1 October 2009 the Companies Act 2006 (the new Act) has distinguished between directors’ residential and service addresses, and requires all companies to keep a separate register of their directors' residential addresses.
Date: 2009-10-29

Can we talk? How to have a without prejudice conversation with an employee
‘Without prejudice’ is the legal term for ‘off the record’. In a dismissal situation – maybe for poor performance – an employer may wish to speed up the formal process by offering a termination package on a without prejudice basis.
Date: 2009-10-16

First phase of Vetting and Barring Scheme in operation from 12 October 2009
The new Vetting and Barring Scheme aims to prevent unsuitable people from undertaking paid or volunteer work with children and vulnerable adults. It will vet all those who wish to work with vulnerable groups and bar those shown to pose a risk.
Date: 2009-10-16

ECHR consultation on gender pay reporting in private sector
Under the Equality Bill, currently going through Parliament, private employers with 250 or more employees will be required to report on the gender pay gap within their organisations from 2013.
Date: 2009-10-06

Redundancy: When does duty for collective consultation arise?
The ECJ has recently given guidance on when the duty to consult collectively under the Collective Redundancies Directive (98/59/EC) is triggered.
Date: 2009-10-06

New law on agency workers could come early next year
A new law giving significant new rights to agency workers looks set to become law sooner than expected.
Date: 2009-10-06

Dismissal to avoid pension costs was age discrimination
The Employment Appeal Tribunal has found that a 49-year-old employee suffered age discrimination when he was made redundant to avoid pension costs that would have arisen once he reached 50.
Date: 2009-10-02

Parents can swap statutory leave between them from 2011
The Government has launched a consultation on regulations to extend statutory paternity leave and pay.
Date: 2009-10-02

Discrimination gets more expensive
The Employment Appeal Tribunal (EAT) has increased the amount that tribunals must award for injury to feelings in discrimination cases.
Date: 2009-10-01

U-turn on pledge to extend paid maternity leave to 12 months
Perhaps the first casualty of the need for the Government to tighten its belt was seen earlier this month when it emerged that statutory maternity pay would not be increased, as expected.
Date: 2009-10-01

October employment law changes
October is one of two regular implementation periods for employment law changes - the other is April - we round up the changes to look out for.
Date: 2009-09-30

Default retirement age lawful, but Government review looms
The High Court has rejected Heyday’s long-running challenge to the UK’s default retirement age of 65, holding that it is lawful to force employees to retire at that age, provided the correct procedure is followed.
Date: 2009-09-30

ECJ extends holiday entitlement for sick workers even further
The European Court of Justice (ECJ) has handed down another significant case concerning the holiday entitlement of employees who have taken sick leave.
Date: 2009-09-30

Hot fine after Shell breaches fire safety regulations
A huge fine imposed on Shell emphasises the importance to all businesses - large and small - of carrying out the steps identified in a fire risk assessment and regularly reviewing that assessment.
Date: 2009-08-12

Full steam ahead for personal pension accounts
The Pensions Act 2008, implementing the Government’s workplace pension reforms, received Royal Assent on 26 November. Most reforms are expected to take effect from 2012.
Date: 2008-12-09

Goodbye statutory procedures, hello ACAS code of practice
The new ACAS Code of Practice (the Code has been approved by the Secretary of State for Business, Enterprise and Regulatory Reform, and will now go to Parliament for final approval.
Date: 2008-11-14

Redundancy rights and wrongs
With the UK economy continuing to be buffeted by the storm of the global financial crisis, the effects are now starting to be felt nearer to home in the real economy.
Date: 2008-11-10

Get ready for immigration system’s big shake-up
The biggest shake-up of the immigration system for 45-years happens at the end of November. Tiers 2 and 5 of the new Australian-style points-based system come into force on 27 November 2008.
Date: 2008-11-10

Doh! Law degree requirement was not age discrimination
The Employment Appeal Tribunal (EAT) found that a 61-year-old employee was not discriminated against on the grounds of age when his employer introduced a new grading system.
Date: 2008-11-01

EAT confirms broad reach of religious discrimination laws
The Employment Appeal Tribunal (EAT) has given a broad interpretation of UK law to ensure compliance with European legislation.
Date: 2008-10-31

New Year heralds prison sentences for health and safety offences
A new Act which comes into force on 16 January 2009 imposes serious new penalties for directors, employers and employees who are convicted of a health and safety offence.
Date: 2008-10-28

New regime for temporary agency workers approved by Europe
The European Parliament has approved the controversial temporary agency workers directive after six years of wrangling between EU members. The directive allows for temporary workers in the EU to be treated equally from day one.
Date: 2008-10-22

Employers in tribunal claims will have details disclosed
The Information Commissioner has ordered the Department of Business Enterprise and Regulatory Reform (BERR) to disclose names and addresses of respondents to employment tribunal claims made since October 2004.
Date: 2008-10-20

Remember, remember the 5th of November
That time of year is fast approaching, and with it comes the annual firework display, roaring bonfire... and approximately 1,000 people injured.
Date: 2008-10-20

Stress in the workplace: reasons to be fearful
Employers owe a duty of care to staff, and must do all they can to protect employees’ health and safety at work. This extends to protecting employees’ mental health. Employers failing to do so can be liable for unlimited damages for psychiatric injury.
Date: 2008-10-20

Finance Act 2008 contains new residence rule
A new rule to determine whether a person is resident in the UK for tax purposes is contained in the Finance Act 2008.
Date: 2008-10-13

Extension to flexible working from April 2009
The Government has announced that it will extend the right to request flexible working to parents of children up to and including the age of 16 in April 2009.
Date: 2008-08-28

Jumping the gun on retirement was age discrimination
In a recent case an employer paid a heavy financial penalty for retiring an employee one day before his 65th birthday. The employment tribunal awarded the employee over £36,000 in compensation.
Date: 2008-08-20

Equal pay claims could cost employers dearly on a TUPE transfer
A recent Employment Appeal Tribunal (EAT) judgement in the case of Sodexo v Gutridge examined the effect of TUPE (the Transfer of Undertakings (Protection of Employment) Regulations 2006) on transferring employees’ claims for equal pay.
Date: 2008-08-19

Appeal win is good news for defendant companies
A recent Court of Appeal decision has clarified the position with regard to s.3(1) of the Health and Safety at Work Act 1974 and specifically the concept of ‘risk’.
Date: 2008-08-05

Employee tips loophole to be closed
The law is to be changed so that tips given to staff can no longer count towards an employer's obligation to pay the national minimum wage
Date: 2008-08-05

Must you disclose internal investigations to regulators?
Following a serious accident or fatality in the workplace, an organisation will no doubt want to carry out an internal investigation to try and ascertain what the root causes of the incident were and prevent future accidents recurring.
Date: 2008-07-31

Driving at work: the health and safety implications
Driving is the most dangerous work activity that most people undertake. An average 20 people are killed and 250 seriously injured every week in crashes involving someone who was driving, riding or otherwise using the road for work purposes.
Date: 2008-07-28

European Court of Justice (ECJ) ruling extends UK’s discrimination law
The ECJ has delivered a ruling which extends the ambit of the UK’s disability discrimination legislation to those who are discriminated against because of their association with a disabled person but who are not themselves disabled.
Date: 2008-07-22

House of Lords changes the law on disability-related discrimination
The House of Lords has delivered a major judgement which will change the way in which the Disability Discrimination Act 1995 is interpreted and which is expected to make it harder for employees to succeed in claims of disability related discrimination.
Date: 2008-07-14

New era for equality legislation moves closer
The Government published details of the new Equality Bill in a White Paper, called “Framework for a Fairer Future - The Equality Bill” on 26 June. The Bill is expected to be introduced into Parliament in November.
Date: 2008-07-01

Consultation launched on new right to request time off for training
The Government has published details of a proposed new right for employees to request time off work for training purposes.
Date: 2008-07-01

Draft ACAS guidance on new disciplinary and grievance Code of Practice published
ACAS has published draft guidance to accompany the new Code of Practice that is expected to come into force in April 2009 which sets out good practice for dealing with discipline and grievances in the workplace.
Date: 2008-07-01

Data protection good practice on transfer of TUPE employee liability information
Good practice guidance for dealing with data transfers in the context of a business sale or service provision change has been published by the Information Commissioner
Date: 2008-07-01

UK's age law under scrutiny in Europe next month
Heyday’s challenge to the UK’s age discrimination law is due to be heard by the European Advocate General earlier than previously thought, a hearing has been scheduled for 2nd July
Date: 2008-06-03

Witnessesentials - Top tips for witnesses at employment tribunals
No employer likes to think that they could end up being taken to an employment tribunal by an employee. However, there are occasions when an employer is unlucky and has to deal with an employee who is determined to have their “day in Court.”
Date: 2008-05-28

Agency workers win equal rights after 12 weeks
On 20 May the Government announced that it had agreed a deal between unions and employers that will see agency workers in the UK receive equal treatment after 12 weeks' employment.
Date: 2008-05-21

Retailers who use agency workers should note
Retailers who use agency workers should note that after a long awaited decision from the Court of Appeal the current law in this area remains unchanged.
Date: 2008-03-26

Minimising the risk of discrimination
According to the Equality and Human Rights Commission there are 10 million people in the UK who have rights under the Disability Discrimination Act 1995.
Date: 2008-03-25

Are your employees social networking or just not working?
The popularity of social networking sites is a modern day phenomenon: the use of these sites has grown at a huge rate in a relatively short space of time. We look at the problems this can cause in the workplace and what employers can do about it.
Date: 2008-03-18

Temporary workers and collective redundancy: don't fall foul of the law!
Temporary workers are often used in the retail sector to plug the labour gap over busy trading periods but retailers could be inadvertently breaching collective redundancy law when the temps are no longer needed.
Date: 2008-03-05

Restrictive covenants: How far can you go?
What can an employer do when a key employee leaves them for a competitor? How do restrictive covenants work and what are the common problems for employers seeking to enforce them?
Date: 2008-02-27

Penalties for employing illegal workers set to soar
With new penalties to tackle illegal working coming into force, employers need to ensure that they are fully up to speed on checking employees’ right to work in the UK. Be warned, the penalties are increasing significantly and will not be avoided easily.
Date: 2008-01-30

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Kevin McCavish

Partner
T: 03700 86 8802
I: +44 (0)118 965 8802
E: kevin.mccavish@shoosmiths.co.uk