Continue reading "Employee Shareholders: A third way"
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Employee Shareholders: A third way
The government’s last-minute concessions have done little to allay concerns about the shares for rights legislation, contends Jennifer Millins ‘There is a distinct possibility that, in practice, the employee shareholder concept will be unattractive to employers, employees and job seekers alike.’ Despite substantial opposition in response to the government’s consultation at the end of 2012, …
Employment Law Reform: Countering the claim culture
Catrin Llewellyn and David Speakman discuss how effective the introduction of employment tribunal fees and new procedural rules will be in preventing vexatious claims ‘One of the main objectives of the review of the employment tribunal rules was to ensure that cases with little or no prospect of success were dealt with robustly.’ If, like …
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Terms And Conditions: The rise of zero-hours contracts
Luke Blackburn weighs up the pros and cons of a controversial method for employers to cope with peaks and troughs in demand for labour ‘In zero-hours contracts the employer has almost all of the flexibility of using casual workers, but no obligation to pay anything where no work is available.’ With the recession putting even …
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Employment Law Review: A timetable for reform
Richard Kenyon and Louise Fernandes-Owen present a guide to what is happening when in the government’s overhaul of the employment law system The concept of giving up employment rights in return for shares has been particularly controversial. It is perhaps unsurprising therefore that the House of Commons and House of Lords have disagreed. The government’s …
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Age Discrimination: How are employers managing without the default retirement age?
The results of a recent survey are revealed by Simon Rice-Birchall Perhaps most interesting is the finding that half of those who replied felt that the DRA’s abolition had made no real difference to their organisation. When the Labour government introduced legislation in 2006 prohibiting age discrimination, one of its most controversial decisions was to …
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Discrimination Law: Is obesity a disability?
James Major and Alice Duffy consider the implications of Walker v SITA Information Network Computing Ltd It would not be reasonable to conclude that a person was not disabled if they avoided changes to their behaviour that might cause pain, fatigue or substantial social embarrassment. According to a 2012 study by the Organisation for Economic …
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Equality Act: No protection against post-employment victimisation
An EAT ruling has highlighted that the UK’s discrimination legislation is at odds with EU law, reports Olivia Toulson It is doubtful that Parliament ever intended to exclude post-employment victimisation and it is clear that EU law requires employees to have protection against such treatment. In Rowstock Ltd v Jessemey [2013], the Employment Appeal Tribunal …
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Employee Surveillance: Who’s monitoring whom?
Jo Broadbent looks at what approach the tribunals are taking to employees’ new-found ability to gather evidence secretly on their smartphones and how employers should respond An employer should probably focus its efforts on minimising the risk of the evidence being created in the first place. Employee monitoring is generally understood to refer to a …
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Book Review: Solving insolvency issues
Charles Wynn-Evans reviews the new edition of Corporate Insolvency: Employment and Pension Rights This work has established itself as the clear market leader and ‘go to’ text in this area. Corporate Insolvency: Employment and Pension Rights David Pollard 5th ed, 2013, Bloomsbury Professional Ltd £155.00 ISBN: 978 1 84766 887 5 One of the most …
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Flexible Working: The rise (or fall) of the remote worker
With employers divided about the benefits of working from home, Roy Horgan and Rachel Farr discuss what the law has to say on the issue Employers may worry that they have set a precedent for other employees once they agree to one homeworking request. Developments in technology have drastically changed working styles over the past …
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