This category can only be viewed by members.
Mark Kaye considers a recent EAT decision on an employer’s ability to impose conditions on the right to be accompanied ‘As long as a worker selects the appropriate category of representative as set out in the Act, there is no obligation on that worker for the choice of companion to be “reasonable’”. Section 10 of …
Continue reading "Disciplinary And Grievance Hearings: Who is a reasonable companion?"
This post is only available to members.
The rise of LinkedIn is leading to disputes over the ownership of the account and related information, reports Roy Horgan ‘The law surrounding social media is still in its infancy, particularly in an employment law context, but popular social networking sites such as Facebook and LinkedIn have recently come under the spotlight in employment disputes.’ …
Continue reading "Social Media: When do contacts belong to the employer?"
This post is only available to members.
Instant dismissal is rarely the best way forward for an employer that suspects an employee of fraud or wrongdoing; procedure is key, warns Catrina Smith ‘For a dismissal on the grounds of misconduct to be fair, the employer must have a reasonable belief in the employee’s guilt, based on a reasonable investigation.’As the UK workplace …
Continue reading "Misconduct Investigations: Avoiding a knee-jerk reaction"
This post is only available to members.
Alex MacMahon provides an overview of the activities business visitors are permitted to carry out, the restrictions placed on them and the consequences of non-compliance with the legal regimes ‘Employers should have policies in place to ensure that their human resources department is aware of the restrictions placed on business visitors’ activities so that problems …
Continue reading "Immigration: Business visitors: key issues for employers"
This post is only available to members.
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.’ …
Continue reading "TUPE: Something or nothing?"
This post is only available to members.
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 …
Continue reading "Directors: Understanding the new voting and reporting rules"
This post is only available to members.
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 …
Continue reading "Cross-Border Working: Five key issues when planning international assignments"
This post is only available to members.
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 …
Continue reading "Employment Law Policy: Gearing up for the ‘living standards election’"
This post is only available to members.
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 …
Continue reading "Maternity Leave: Conflicting views on surrogate mothers’ rights"
This post is only available to members.
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 …
Continue reading "Employment Status: Practicalities of zero-hours contracts"
This post is only available to members.
