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Default Retirement Age: Practical impact of the abolition

Caroline Stroud and Charlotte Stafford investigate how the ending of the right to retire employees automatically at 65 will affect employers ‘Among employers there is widespread concern about the effects on the workforce and the implications for businesses, despite the government’s assurances in its response to the consultation.’ On 13 January 2011 the government confirmed …
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Crisis Management: Employees in danger zones

In light of the recent civil unrest in the Middle East, Stephen Ravenscroft and Helen Mulligan look at employers’ obligations towards staff working in troubled regions abroad ‘If employees are required to travel to, and work in, locations where their safety may be compromised, employers should carry out risk assessments to consider the practical dangers …
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Work Experience: Risks and rewards

As calls grow for interns to be paid, David Green examines what legal responsibilities employers have towards young people on work experience ‘Work experience is an opportunity to gain an insight into the particular work, the chance to acquire skills and experience, make important contacts and ultimately help secure a permanent job.’ Following the Daily …
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Misconduct: Coming clean

Andrew Taggart and Sarah Hitchins consider the circumstances in which employees of varying seniority may be obliged to reveal their own wrongdoing ‘When considering whether an employee owed a duty to disclose their own wrongdoing, a court is likely to look at their terms and conditions of employment. Some employees (even those who do not …
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Redundancy: Selecting employees for new roles

The EAT has shed light on what is a fair method for choosing which potentially redundant employee to appoint to a newly created job, reports Jenna Clarke ‘Following a reorganisation of a business, it is often the case, as in Williams, that some roles become redundant but new roles are created.’As advisers, we are all …
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Territorial Jurisdiction: The long arm of the employment tribunal

The EAT has extended the protection available to employees who work in the UK for a foreign company, explains Mandeep Kalsi ‘According to the EAT in Pervez v Macquarie Bank, Mr Pervez came within the “legislative grasp of the statutes and regulations” on which his claims were based, even though Hong Kong remained his base …
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Additional Paternity Leave: Father time

Paul Harrison and Stephen Ratcliffe discuss the impact of the Additional Paternity Leave Regulations 2010 and some key challenges arising from their implementation ‘European case law has generally found that women on maternity leave are in a unique position and so men have not been able to compare themselves to them.’ Paternity leave is, of …
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Flexible Working: Bending the rules

The government is repealing the proposed extension of the ‘right to request flexible working’ due to be implemented this month, and will impose a moratorium on new regulations for small businesses, report Stephen Ravenscroft and Helen Mulligan ‘Flexible working may present practical difficulties for employers, particularly in smaller businesses that often do not have the …
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Equality: Coalition promises culture change

Helena Laughrin and Robin Wolfenden review the key employment-related recommendations in the government’s Equality Strategy ‘The government views making pay transparent as the first step to reducing the gender pay gap. It intends to work with businesses and others to develop a voluntary scheme for gender pay reporting in the private sector.’ On 2 December …
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Agency Workers: Temporary measures

Mark Levine and Jennifer Millins examine the new rights to which agency workers will be entitled from this October ‘Agency workers can bring a claim in the employment tribunal against the agency and/or the hirer if their right to equal treatment under the Agency Workers Regulations 2010 (AWR) has been infringed.’ The Agency Workers Regulations …
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