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Fixed-term employment can be a useful tool in an outsourcing situation but there are dangers when such contracts come up for renewal, writes Nicola Ihnatowicz ‘TUPE operates to transfer employees with their existing contractual rights, so an employee who is in the middle of a fixed-term contract will transfer with that same contract of employment.’With …
Continue reading "TUPE: Quick fix or in a fix?"
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The leaked Beecroft report may not go the right way about it but there is a case for far-reaching reform of the unfair dismissal regime, argues James Davies ‘It is fair to say that there are serious flaws with unfair dismissal law that would warrant a fundamental review of its purpose and effectiveness.’Abolishing unfair dismissal …
Continue reading "Unfair Dismissal: It’s time to simplify the law"
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Christopher Hitchins casts doubt on the government’s ability to limit damages for discrimination given the restraints of EU law ‘The government is considering implementing a system of caps on discrimination awards in the UK. Some of these changes have already been announced and a proposed implementation date has been set.’ Against the backdrop of the …
Continue reading "Discrimination Awards: Why the cap doesn’t fit"
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Kate Hodgkiss considers how employers can reduce the risks posed by employees posting damaging or confidential material online ‘Social networking has had a major impact on the way we interact and communicate, particularly for the generation now entering the workplace. Unfortunately, the impact is not always positive’. The use of social media has become an …
Continue reading "Social Media: Networking know-how"
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Michael McCartney and Rebecca Johns discuss the UK courts’ jurisdiction to hear claims brought by employees working abroad ‘The territorial limits that apply to the various statutory employment rights will also only be relevant if the tribunal is applying English law to the dispute in question.’ The issue of which UK employment rights overseas workers …
Continue reading "Overseas Workers: Beyond borders: the scope of UK employment rights"
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In light of a recent EAT decision, Lee Rogers looks at how organisations can successfully make changes to workers’ contracts of employment by dismissing and re-employing them ‘An employer would be well advised to embark on a period of consultation with its employees or any recognised trade unions to try and secure their express consent …
Continue reading "Varying Terms And Conditions: The route to re-engagement"
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Employers need to take care if they alter the grounds for dismissing an employee part-way through the disciplinary process, warn Ann Robson and Imogen Bourke ‘This case involved the employer relying on a different decision to dismiss an employee at the appeal hearing from the one that it relied on at the initial disciplinary hearing.’ …
Continue reading "Dismissal Procedures: Beware of changing reasons"
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Sarah Young analyses a recent case on whether a worker knew he was not entitled to claim self-employed status ‘As a general rule, an illegal contract is unenforceable and most statutory employment rights, such as the right to bring an unfair dismissal claim, cannot be enforced under it.’ The Employment Appeal Tribunal (EAT) has recently …
Continue reading "Illegality: Mistake or misrepresentation?"
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The presence of a person on an employer’s grievance hearing panel who was perceived to be biased could amount to a fundamental breach of contract and give rise to a constructive unfair dismissal, explains David Ludlow ‘The principles of natural justice require that the hearing afforded to the employee is, in all the circumstances, a …
Continue reading "Grievance Hearings: Beware of apparent bias"
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Andrew Burns asks whether the courts will be able to stop public sector workers going on a general strike in protest at government cuts ‘The statutory provisions governing a ballot are complex and detailed, and have been amended over the years so that Part V of TULRCA could be described as a minefield for the …
Continue reading "Industrial Relations: Autumn of discontent"
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