November 2013 #145 – Law Journals

TUPE: Something or nothing?

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 ‘The relative certainty introduced by the SPC provisions has reduced the number of TUPE tribunal claims and helps create a level playing field for contractors.’ …

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Directors: Understanding the new voting and reporting rules

Mirit Ehrenstein summarises the requirements introduced last month aimed at curbing excessive executive pay ‘If the policy does not change, shareholder approval is required every three years. If the policy is not approved in the first year, companies will need to go back to shareholders as there is no previous approved policy.’ Directors’ pay for …

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Cross-Border Working: Five key issues when planning international assignments

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Erik D Lazar and Tomas Nilsson Rofes outline the main pitfalls for employers when sending staff overseas ‘As a general rule, local employment law applies in most countries regardless of the law of the employment agreement.’As the business world becomes smaller, the need to move skills and managers across borders for growth and indeed survival …

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Employment Law Policy: Gearing up for the ‘living standards election’

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 ‘Employment, and as a consequence employment law, remains an obvious concern to voters and therefore to anyone with political ambition.’ In the absence of what …

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Maternity Leave: Conflicting views on surrogate mothers’ rights

Emma Burrows and Anna Scott discuss two opposing Advocate Generals’ opinions on whether surrogate mothers are entitled to paid maternity or adoption leave ‘Under UK law an employee is specifically protected from discrimination because of her pregnancy or because she is exercising the right to maternity leave. Surrogacy arrangements are not dealt with’. There is …

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Employment Status: Practicalities of zero-hours contracts

Sarah Booth looks at how to ensure that zero-hours agreements are legally enforceable without exploiting workers ‘This article considers the practicalities of using zero-hours contracts and ensuring that agreements are legally enforceable, commercially viable and confer the appropriate obligations on both parties without being exploitative of workers.’ In recent months employment practitioners could not have …

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Grievance Procedures: Don’t fall at the last hurdle

Mark Kaye considers a recent EAT decision on an employer’s failure to carry out a proper appeal hearing ‘The EAT considered that the right to an impartial appeal was an important feature of both the Acas code and Aldi’s own grievance policy, and a failure to allow a fair appeal could amount to a breach …

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