This category can only be viewed by members.
Matthew Howse and Celia Kendrick analyse Vince Cable’s proposals to rein in top employees’ pay packages ‘The government is aiming to address the apparent disconnect between top executives’ pay and company performance, whereby the most senior executives’ pay rises year on year even if their companies’ financial performance has stagnated or deteriorated.’On 23 January 2012 …
Continue reading "Executive Pay: Linking rewards to performance"
This post is only available to members.
Helena Davies examines the new ‘material influence’ formula applied by the Court of Appeal in a recent whistleblowing case ‘A detriment claim will succeed if the protected disclosure has influenced the employer’s treatment “more than trivially”, whereas a claim of automatic unfair dismissal will need to show that the disclosure was the reason, or principal …
Continue reading "Detrimental Treatment: Court adopts new causal link test"
This post is only available to members.
Recent rulings seem set to make it easier to carry out post-transfer harmonisation of employees’ terms, report Andrew Taggart and Francesca Lopez ‘Providing a transferee can show a sound economic reason for the proposed changes that existed before the transfer, those changes may be valid after the transfer.’ Following a business transfer, the incoming employer …
Continue reading "TUPE: Justifying changes to contracts"
This post is only available to members.
The claims by Andy Coulson and Glenn Mulcaire against the News of the World’s owners contain useful lessons for those negotiating, drafting and enforcing indemnities given by employers to their executives, explains Charles Wynn-Evans ‘The decisions in the Andy Coulson and Glenn Mulcaire cases demonstrate that employers need to consider the drafting and structuring of …
Continue reading "Executive Indemnities: Read all about it"
This post is only available to members.
Melanie Lane and Dominic Holmes argue that it is more important than ever for employers to adopt a wide-ranging and flexible approach to reasonable adjustments ‘The way in which the duty inter-relates with other strands of disability discrimination law is likely to become an increasingly significant issue as case law develops.’ The Equality Act 2010 …
Continue reading "Disability Discrimination: The importance of being reasonable"
This post is only available to members.
2012 could mark the end of 40 years of growth in employees’ rights if the coalition government has its way, warn Richard Kenyon and Angus Ackroyd ‘The business secretary has proposed that existing dismissal processes should be slimmed down.’ In his speech to the Engineering Employers’ Federation on reforming employment relations on 23 November 2011, …
Continue reading "Employment Law Reform: A power shift in employment relations"
This post is only available to members.
The Supreme Court ruling in the Edwards and Botham cases may not be as good news for employers as many commentators are suggesting, argues Stephen Levinson ‘The National Industrial Relations Court confirmed that a compensatory award was not intended to cover “injury to pride and feelings” and was limited to economic loss.’Employment contracts are not …
Continue reading "Compensation Awards: Damages for the manner of dismissal"
This post is only available to members.
Catherine Yallop examines the challenges for employers raised by the 2012 Olympic and Paralympic Games ‘The UK’s hosting of the Games will have a significant impact upon the nation’s businesses, particularly those based in London – and not necessarily a positive one.’This summer, nine million Olympic Games spectators, two million Paralympic Games spectators and almost …
Continue reading "London Olympics: Getting fit for the Games"
This post is only available to members.
Katharine McPherson and Katherine Shaw weigh up whether the government needs to amend the Equality Act to make clear that it prohibits caste discrimination ‘Given the complexities in defining caste, there is no obvious answer as to where caste belongs within the definitions used in the Equality Act 2010.’ The case of Begraj v Heer …
Continue reading "Discrimination: Is it time to legislate on caste?"
This post is only available to members.
Ilana Swimer analyses the growing use of anonymity and restricted reporting orders in the employment tribunal ‘In granting any anonymity order or restricted reporting order, the tribunal will need to consider the dichotomy between the media’s right to freedom of expression and to report on matters of public interest on the one hand and an …
Continue reading "Human Rights: Silence in (and out of) court"
This post is only available to members.
