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Employment Law Journal: November 2013

The reprieve for the service provision change rules in the government’s response to its TUPE consultation will come as a relief to most businesses, comment Chris Wellham and Oliver Spratt

On 5 September 2013, the government published its response to the consultation on its proposed changes to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). The response was keenly anticipated, given that some of the proposed amendments had sparked concern among both businesses and employment practitioners about their practical implications. In this article we highlight the main conclusions of the response and what they may mean in practice.

Mirit Ehrenstein summarises the requirements introduced last month aimed at curbing excessive executive pay

Directors’ pay for listed companies is a hot topic that seems destined never to cool down. The original disclosure regime was introduced in 2002 and included an advisory shareholders’ vote on remuneration reports. However, it has widely been regarded as ineffective in curbing excessive executive pay and as failing to link pay properly to company performance.

Erik D Lazar and Tomas Nilsson Rofes outline the main pitfalls for employers when sending staff overseas

As the business world becomes smaller, the need to move skills and managers across borders for growth and indeed survival is higher than ever. The financial crisis may have squeezed budgets for expatriates, but multinational corporations nevertheless need executives and specialists with an international outlook and experience to expand their business.


This year’s conference season revealed a number of divisions between the three main political parties on issues such as low pay and employment rights, report Richard Kenyon and Will Hampshire

In the absence of what now seems to be a highly unlikely motion of no confidence or two thirds majority vote to go early, the Fixed-term Parliaments Act 2011 provides that the next general election will be held on 7 May 2015. In that context, the 2013 party conference season sat at a slightly awkward moment in the political calendar – too far in advance of an election for an impassioned call to arms, but close enough for the parties to want to begin to distinguish themselves for the electorate. Employment, and as a consequence employment law, remains an obvious concern to voters and therefore to anyone with political ambition.

Emma Burrows and Anna Scott discuss two opposing Advocate Generals’ opinions on whether surrogate mothers are entitled to paid maternity or adoption leave

There is nothing in domestic or European legislation which provides that a woman who becomes a mother by way of a surrogacy arrangement should be entitled to benefit from the rights given to pregnant women. The issue, which has not previously had to be determined, has now been considered by two different Advocates General in two separate cases, with two completely different outcomes.

Sarah Booth looks at how to ensure that zero-hours agreements are legally enforceable without exploiting workers

In recent months employment practitioners could not have failed to notice the numerous press reports about zero-hours contracts.

Mark Kaye considers a recent EAT decision on an employer’s failure to carry out a proper appeal hearing

All good employers understand that grievances from their workforce need to be addressed promptly and that a proper process must be followed. The Acas Code of Practice on Disciplinary and Grievance Procedures (Acas code) sets out the procedure in some detail. Essentially, when employees are informed of the grievance decision, they should also be notified of their right to appeal against that decision. The Acas code also clarifies that grievance appeals should, wherever possible, be dealt with by a manager who has not previously been involved in the matter.