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The government’s attempt to limit claims for unpaid holiday could be undermined by a new ruling, warns Louise Mason ‘From 1 July of this year, the limitation period for unlawful deductions claims is restricted to two years from the date of presenting the claim.’ In the wake of the ruling in Bear Scotland v Fulton …
Continue reading "Holiday Pay: The next chapter"
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Gemma Parker examines the findings of a recent survey into the likely uptake of flexible leave for mothers and fathers during the first year of their child’s life ‘Employees expecting a baby or adopting a child after 5 April 2015 will be legally entitled to take SPL. Linklaters’ research shows that, for many of these …
Continue reading "Shared Parental Leave: Understanding employee attitudes"
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Sarah Parkin rounds up the key employment law developments, cases and policies that practitioners can expect in the coming year ‘This article sets out ten predictions for 2015, outlining the main parties’ proposals and the key developments and cases employment lawyers can expect next year.’ Next year is currently set to be relatively quiet as …
Continue reading "The Year Ahead: Ten predictions for 2015"
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Christopher Bushnell discusses what employers and their advisers need to know about the EAT’s latest ruling on holiday pay ‘Many employers have been reluctant to address holiday pay issues until the courts provide greater clarity. The situation is, to some extent, clearer, but all issues are likely to be subject to appeal.’ Over recent years, …
Continue reading "Holiday Pay: The Bear necessities"
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Simon Kerr-Davis and Gemma Parker take a detailed look at the practical and legal issues that employers face when deciding whether to offer enhancements to employees on SPL ‘The publicity around SPL means more employees are likely to be aware of this right, may see it in effect as a simple transfer of maternity rights …
Continue reading "Shared Parental Leave: The question of enhanced pay"
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Abisola Latunji examines the complex rules governing the employment of apprentices ‘Unlike some other fixed-term contracts, an apprenticeship can mean a business is investing in a long-term relationship which is not easy to terminate.’The TV show The Apprentice is back on our screens and once again the merits of each of the candidates are dividing …
Continue reading "Apprenticeships: It’s not so easy to say ‘You’re fired!’"
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Recent decisions highlight the need to consider carefully who is ‘in scope’ for the purposes of a TUPE transfer, warns Charles Wynn-Evans ‘The tribunal in McCririck v Channel 4 Television Corporation (1) and IMG Media Ltd (2) [2014] saw no rational basis for excluding workers, as distinct from employees, from the scope of TUPE, as …
Continue reading "TUPE: Who is in scope?"
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David Widdowson outlines concerns about the government’s proposals to prevent employers from evading the prohibition on exclusivity clauses ‘The vast majority of contracts which might commonly be regarded as zero-hours contracts – perhaps covering as many as 1.4 million workers depending on whose figures you accept – would be unaffected and unprotected by this legislation.’ …
Continue reading "Zero-Hours Contracts: Exclusivity clauses ban"
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Stephen Levinson summarises the response from the Employment Lawyers Association (ELA) to the latest proposals on bankers’ accountability and remuneration ‘ELA also could not help revealing that it has concerns about the impact of these proposals on the attractiveness of the UK as one of the world’s most competitive and successful financial sectors.’ Employment lawyers …
Continue reading "Financial Sector Regulation: Tough new curbs raise concerns"
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Following the main political party conferences, Richard Kenyon considers on some of the employment-related policies we can expect to see debated as the 2015 general election approaches ‘Policies are taking shape and sound bites are being rehearsed. As ever, employment-related issues are prominent in the electioneering.’ The Fixed-Term Parliaments Act 2011 provides for general elections …
Continue reading "Policy Proposals: Countdown to the general election"
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