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Glenn Hayes analyses the government’s plans to change the cap on unfair dismissal compensation and reform workplace dispute resolution No ‘undue pressure’ should be put on a party to accept an offer of settlement.The government is midway through its self-proclaimed employment law review – a process that aims to improve ‘every stage of the employment …
Continue reading "Employment Law Review: Ending the employment relationship"
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Catherine Drinnan and Kendall Brown look at the Court of Appeal’s ruling on the conflict between individuals’ human rights and the law on disclosing criminal convictions Usually, if a job applicant discloses a criminal conviction, an employer will select another applicant with a clean record, even if the disclosure is not relevant to the individual’s …
Continue reading "Criminal Record Checks: Striking a balance"
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Oliver Spratt and Louise Mason consider the implications of the European Court of Human Rights’ decision in Eweida The tribunal rejected Eweida’s claim because wearing a cross was not a mandatory requirement of the Christian faith, but rather her personal choice. Judgment in Eweida & ors v United Kingdom was handed down on 15 January …
Continue reading "Religious Discrimination: At a legal crossroads"
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Employers should welcome the government’s positive response to the review of sickness absence, says Adam Lambert he whole sicknessmanagement process is strongly influenced by the need to make sure the actions of the employer would stand up to scrutiny if the employee is dismissed.The government’s Employer’s Charter is not a very helpful document. Despite the …
Continue reading "Health At Work: Strong medicine to combat sickness absence"
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Recent case law and government proposals could lead to a turning point in equal pay claims, suggests Brona Reeves By their nature, private sector employers tend to have a much narrower set of roles, which do not fall so easily into traditional ‘male’ or ‘female’ jobs. As the evidence sessions of the Women in the …
Continue reading "Equal Pay: Mid-life crisis or fresh start?"
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The government has failed to address many of the concerns highlighted during the consultation on shares for rights, finds James Warren The government has also acknowledged the need for further consideration of the tax treatment of the proposals and, in particular, the potential income tax charge related to the initial issue of shares to employees. …
Continue reading "Employee Shareholders: Risks not rewards"
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In light of the government’s acceptance of the Nuttall Review recommendations, Robert Postlethwaite looks at the practicalities of how to give employees a stake in their company Many listed companies, and a modestly growing number of private companies, have decided to spread ownership to a far wider group of employees. Employee share ownership has been …
Continue reading "Share Plans: Delivering the goal of wider employee ownership"
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Andrea Finn considers the impact of halving the minimum period for consulting on large-scale redundancies The government has said that it will work with Acas and stakeholders to assess the merits of including the detail suggested by employers and by the TUC. On 18 December 2012, the UK government published its response to its consultation …
Continue reading "Collective Redundancy: A missed opportunity"
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Mark Kaye reviews a recent case on when the exemption for a single specific event or task of short-term duration is triggered There is a risk that clients and service providers could circumvent the application of TUPE by deliberately agreeing to enter into contracts that are unusually short term in duration, only to extend the …
Continue reading "Service Provision Changes: Application of TUPE narrows"
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Failing to follow the correct procedure for dismissing an employee can mean that the employment contract continues, with potentially costly consequences, warns Tom Custance The obvious lesson from this case for employers is to ensure that they properly implement contractual termination provisions.On 19 December 2012 the Supreme Court delivered its judgment in Société Générale, London …
Continue reading "Termination Of Employment: It ain’t over ’til it’s over"
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