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Anonymous CV plans gathering pace
06 February 2012
Employment discrimination based on your education and personal background could become a thing of the past as more and more major UK businesses pledge their backing to the government’s “anonymous CV” initiative.
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Ex-Woolworths staff awarded almost £70m
06 February 2012
As abandoned Woolworths stores up and down the country begin to find new owners, so too are ex-staff beginning to overcome the dreadful state of events that befell one of the UK’s biggest household retailers in 2008.
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Parental leave extension delayed
06 February 2012
The right to unpaid parental leave for UK workers has been postponed until 2013, as the government cites “the ongoing development of its Modern Workplaces policy”.
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Court of Appeal rules partner is not an employee
06 February 2012
The Court of Appeal has ruled that an equity partner in a law firm was not an employee and is therefore unable to take a claim for unfair dismissal against his former firm
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HR Watch - Keeping you up to date with employment law changes
30 January 2012
New compensation rates will apply from 1 February 2012:
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Employment law in 2012: What you need to know
30 January 2012
As the New Year celebrations subside, employees and business owners up and down the country have been told to take heed of a raft of employment law changes ready for introduction in 2012.
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Woman to appeal employment tribunal decision
30 January 2012
Care worker Sue Angold was sacked from her job at a sheltered housing block after assisting an elderly lady who had fallen
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Reed lose appeal on tax treatment
30 January 2012
Twelve companies forming part of the Reed Group have lost an appeal at the First Tier Tribunal over the tax treatment of travel and subsidence payments
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Workplace preparation for Olympics ‘lacking’
23 January 2012
With the Olympics drawing ever nearer, reports show that a staggering 29% of employers are yet to make basic preparations for workers hoping to catch sight of the action and falling staff attendance.
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NHS fined £900k over racial discrimination
23 January 2012
A major NHS Trust is to pay more than £900,000 in compensation for the racial discrimination and unfair dismissal of a highly-paid former director.
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Cleric may take legal action against the Church on discrimination grounds over his sexuality
23 January 2012
Dean of St Albans, Jeffrey John, may take legal action against the Church of England on discrimination grounds after twice missing out on becoming a bishop.
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Unfair dismissal changes ‘not retrospective’
23 January 2012
The government has moved to ease fears that new unfair dismissal laws, which mean employees cannot qualify for the right until completing two years’ of service, will not be applied retrospectively.
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Ageism rife in UK workplace
23 January 2012
Age-related discrimination and stereotyping are “rooted in British society”, according to research from the Department for Work and Pensions.
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ASDA employee wins settlement after ‘spying’
13 January 2012
Supermarket chain ASDA has been forced to pay one of its workers £27,000 after it admitted sending a private detective to spy on her whilst recovering from an injury received at work.
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Unemployed graduate to sue Government for Human Rights breach
13 January 2012
Geography graduate, Cait Reilly, is to take action against the government for breaching her human rights by making her do ‘forced labour’ in order to keep her unemployment benefits
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Granting shareholders a veto over director pay will be a legal minefield
13 January 2012
Prime Minister, David Cameron has suggested that new powers may be introduced to allow shareholders to veto wage or bonus agreements for directors.
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New European legislation will lead to a third of employers sacking temporary staff
13 January 2012
Many temporary workers are under threat of losing their jobs due to the new EU Agency Worker directive which will require employers to give short-term staff the same rights and pay as permanent employees.
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HMRC offers PAYE guidance
09 January 2012
Employers struggling to get their PAYE information in order will get much needed help from HM Revenue and Customs (HMRC) in the New Year, the organisation has announced.
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New Tribunal fees outlined
09 January 2012
Employment tribunal fees in the UK are set for a major overhaul, as the government launched a consultation on their introduction earlier this month
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Poppy wearers not protected by law
09 January 2012
The thorny issue of philosophical belief in the workplace reared its head recently, when a pre-hearing review concluded that wearing a poppy is a mark of respect and not a philosophical belief attracting the protection of the Equality Act 2010.
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Methodist Minister employed by Church, not God, says court
09 January 2012
The Court of Appeal has upheld a ruling that a former Methodist minister was employed by the Church and not by God
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Act now on excessive City pay to avoid new laws warns watchdog
09 January 2012
On of the leading corporate governance watchdogs has issued a warning to institutions in the City to curb excessive pay now if they want to avoid the government from forcing them to do so through legislation.
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Government’s moratorium on employment laws for small businesses branded a ‘gimmick’
09 January 2012
The moratorium on employment laws for small businesses which was introduced in April 2011 appears to have made little difference in it’s aim to cut red tape with even the smallest businesses avoiding just one obscure rule in the forthcoming equality legislation.
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Landmark ruling applies TUPE to companies in administration
09 January 2012
Employers facing financial difficulties have been told to take heed of a recent Court of Appeal decision which ruled that the provisions of the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) are not disqualified in the case of company administrations.
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Redundancies set to soar in 2012
03 January 2012
Workers hoping they’d seen the back of employment woes in 2011 will have to wait a while yet for job security, after more than two-fifths of UK managers expect career development opportunities to decline in 2012.
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HR Watch Issue 86 - Christmas Quiz!
20 December 2011
The festive season is almost upon us and this month we have decided to treat you to a Christmas quiz (employment law related of course!).
As the questions are not too taxing we expect correct answers from all. Entries will be placed in a (Santa) hat and the chosen entry will receive a bottle of Champagne to enjoy. Entries should be submitted by e-mail to jward@se-law.co.uk.
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Don’t cancel Christmas, warns FPB
19 December 2011
Companies who believe that cancelling their Christmas shindigs will save money in the long-run have been urged not to turns the lights out by the Forum of Private Business (FPB).
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Christmas joy not a Bribery Act concern
19 December 2011
The Bribery Act, the single biggest change in UK legislation for decades, has rightly forced companies to reassess their conduct, but officials have urged businesses not to over-react when it comes to giving at Christmas this year.
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Nurses urged not to blow the whistle
19 December 2011
A large number of hospital trusts in the UK are not taking action when issues such as staffing levels and patient safety are raised by whistleblowing employees, and many concerns are being swept under the carpet, research by the Royal College of Nursing (RCN) has found.
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Heathrow worker launches damning religious abuse case
05 December 2011
A Christian saleswoman whose 13 year career at Heathrow Airport was brought to an end by continued ‘religious abuse’, has begun legal action against Autogrill Retail UK Limited, trading as World Duty Free.
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Facebook access key for young workers
05 December 2011
Whether it’s a sign of society’s growing dependence on technology or just another facet of the modern workplace, nearly half of workers aged 16 to 24 claim they would not work for companies that ban social media sites.
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Apple were right to sack employee for private Facebook comments says Employment Tribunal
05 December 2011
Apple has won a claim against them for unfair dismissal by a former employee, Samuel Crisp, who they sacked for comments he made on social networking site, Facebook
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Ex-council employees win equal pay claim out of time
05 December 2011
A group of female workers have won their right to take an equal pay claim against Birmingham City Council despite being outside the usual time limit
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HR Watch Issue 85 - Government announces radical employment law reforms
28 November 2011
The Government has announced plans for “the most radical reform to the employment law system for decades”. Significant changes were announced by Vince Cable on 23rd November, details of which are set out here ...
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Vince Cable and Lord Hesaltine to block proposals from Downing Street to relax employment laws
28 November 2011
The government this week announced that there was to be a consultation into relaxing employment laws to make it easier for ‘micro companies’ to fire employees but according to Liberal Democrat sources the Business Secretary Vince Cable has concerns about such measures and looks set to challenge them.
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Government confirms employment law changes
28 November 2011
UK employment law looks set for an overhaul as the government confirmed this week that key areas of legislation, such as employee dismissal and dispute resolving, will change.
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Government to consult on ‘protected conversations’ between employers and employees
22 November 2011
Prime Minister, David Cameron, has confirmed that the government are to consult on the introduction of ‘protected conversations’ which would allow either employers or employees to request an ‘off the record’ discussion which could not then subsequently be brought up in Employment Tribunal proceedings
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Liverpool Solicitor cleared of sexism against former employees
22 November 2011
Liverpool solicitor, Captain Ibrahim Nadim, was vindicated today in a claim brought by former employee Kate Welch who had been dismissed from Nadim Associates for not attending a probation meeting
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Senior judge says women should be given priority for top jobs
22 November 2011
Master of the Rolls Lord Neuberger has stirred a debate by stating that new legislation should be used to give women and ethnic minorities priority in the appointment of top judges.
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Sexual harassment rife in UK construction
22 November 2011
A major employment union has revealed that cases of sexual harassment are blighting the construction industry, and employers could be leaving themselves open to legal claims as a result.
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HR Watch Issue 84 - Important Employment Law Information
14 November 2011
Unfair Dismissal Regime
The Conservative Party Conference announced that the qualifying period for claims of unfair dismissal will soon be raised from 1 year’s qualifying service to 2 years. This will be an important and significant change for our employer clients and will bring unfair dismissal in line with the right to receive a redundancy payment.
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Employment tribunal for woman who wore "see-through trousers" to work
14 November 2011
A prison teacher who appeared on the X-Factor has begun an employment tribunal claiming unfair dismissal and sexual discrimination, after bosses accused her of wearing inappropriate attire and posting "sexualised" images on her website
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‘Sick’ employees risking redundancy
14 November 2011
Workers who continually take time off work, or are signed off sick, greatly increase their chance of being made redundant, the Chartered Institute of Personnel and Development (CIPD) has warned.
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Employers budgeting for small-scale pay increases
14 November 2011
UK workers, struggling to make end’s meet in the current economic climate, will undergo an average pay rise of 3% in 2012, well below the projected 5.2% rate of inflation.
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Employment Law - What you need to know
08 November 2011
National Minimum Wage (“NMW”) rates and age bands changed on 1 October 2011 as follows:
• £6:08 for workers aged 21 and over (up from £5:93);
• £4.98 for workers aged 18 to 20 (up from £4:92); and
• £3.68 for workers aged 16 to 17 (up from £3.64)
• Apprentices will be paid £2.60 per hour (up from £2.50)
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Give whistleblowers support, colleagues urged
08 November 2011
Blowing the whistle on a company’s questionable practices can leave long-term damage on someone’s emotional state, and colleagues and employers have a responsibility to offer support, medical experts have claimed.
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Pay staff their tips, employers warned
08 November 2011
Agency staff in the services industry should be given their fare share of tips from customers following new rules established under the Agency Workers Regulations (AWR).
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HR failing to assess employee language barriers
08 November 2011
In offices up and down the country, HR directors are underestimating the difficulties faced by their workforce and in-house language barriers.
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Falling business confidence to blame for staff layoffs
08 November 2011
Redundancies which continue to plight workers up and down the country can be traced back to a loss in business confidence among management, the Federation of Small Businesses (FSB) has claimed.
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Unfair dismissal rights could be scrapped for ‘lazy’ workers
08 November 2011
A leaked government report suggests that unproductive workers should lose their right to claim unfair dismissal if sacked by their employers.
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Government looks to ease sacking laws
08 November 2011
Companies should be able to sack unproductive or “lazy” workers without any explanation, a controversial new leaked government report has suggested.
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Trade union expects legal challenge against strikes from employers
17 October 2011
Unison, one of the main public sector unions has said it expects employers to make legal challenges against a day of strike action being proposed for November.
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Tribunal fees and Agency Workers Directive commented upon at briefing
17 October 2011
At a briefing of the department for Business, Innovation and Skills, Ed Davey Minister for Employment Relations, Consumer and Postal Affairs, commented amongst other things on the introduction of fees for cases brought at the Employment Tribunal and on the implementation of the Agency Workers Directive which is due in October this year.
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Employers ‘must support disabled workers’
17 October 2011
A staggering 92% of employees who left work due to disability, believe they could have remained in full-time employment had their employers done more to facilitate their stay
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New research reiterates social media risks
17 October 2011
Each month, new research springs up demonstrating UK businesses’ ignorance to social media risks
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Compulsory retirement finally retired once and for all
11 October 2011
Having been steadily phased out since April this year, compulsory retirement has now been fully abolished
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Keep your workforce healthy this winter
11 October 2011
Despite the uncharacteristic October sun earlier this month, winter is sadly approaching and with it comes the inevitable illnesses among UK workers
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Self-preservation key in UK offices
11 October 2011
Gone are the days of all-for-one and one-for-all in British offices, in the modern working world making sure your own salary is protected is the most important thing to workers, a new survey has revealed.
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“Older Workers – When to Retire?”
10 October 2011
An important change in the law has taken place concerning older workers. This was brought about largely as a result of the lobbying by Age UK which asked for older workers to carry on in employment beyond the age of 65. Government sources confirm that people are living longer and working longer, whilst fewer young people join the labour market. By the early 2020s, people aged between 50 and 64 will comprise almost a third of the work force. With skills shortages and changing labour markets, it makes sense to utilize all available skills and experience, regardless of a person’s age, and to encourage older workers to stay within a business.
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Flexible working could reduce absenteeism
03 October 2011
The proposed benefits of flexible working continue to mount as a new survey shows that employees using the scheme would no longer skip work.
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Minimum wage increases to benefit 1 million
03 October 2011
Close to one million UK workers will welcome a boost in earnings this Saturday, October 1 when the national minimum wage (NMW) increases by 15p to £6.08 per hour.
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Can an employer impose a wage cut on its staff lawfully?
28 September 2011
In these difficult economic times, employers may consider reducing costs by imposing a wage cut on its staff. Obviously this is never a popular decision, and is also fraught with potential legal issues. However, a recent court ruling by the Employment Appeal Tribunal has clarified the basis on which an employer may lawfully impose this kind of change.
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BT employee awarded £290,000 in sexual harassment case
26 September 2011
A telesales worker has won a case at an employment tribunal after being sexually harassed by her manager and handed the highest employment tribunal award made in the United Kingdom in the last year.
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Employers using free interns ‘should be named and shamed’
26 September 2011
As the Pay Your Interns campaign continues to gather pace, those exploiting unpaid interns should be named and shamed to raise awareness, campaign leaders Graduate Fog has argued.
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Home secretary urges firms to reveal gender pay differences
19 September 2011
The Home Secretary Theresa May has called upon businesses to publish information relating to the differences in pay received by men and women.
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Companies commit to equality legislation
19 September 2011
Leading organisations up and down the UK are fully committed to meeting voluntary equality targets, the Government has confirmed.
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HR Watch Issue 83 - New Agency Workers Regulations 2010 - Free Seminar
16 September 2011
This important piece of legislation will come into force from 1 October 2011 and companies need to be well informed and prepared for this change, where they do use agency or temp staff either on a regular or irregular basis.
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Amendments to Agency Workers Regulations in the pipeline
13 September 2011
According to reports in the Telegraph, the controversial Agency Workers Regulations could yet be amended by the coalition Government after increased criticism.
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Apprenticeship proposals unveiled
13 September 2011
Employers across the UK look set to welcome a raft of changes aimed at making the integration and employment of apprentices easier in the future.
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Bribery Act claims first victim
13 September 2011
Administrative clerk Munir Yakub Patel has become the first person to be charged under the newly enforced Bribery Act, less than three months after the ‘biggest shake up in UK legislation’ was introduced by law
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Flexible working an antidote to discrimination
13 September 2011
Organisations struggling with gender discrimination among their workforce should “embrace flexible working and greater levels of transparency”, a spokeswoman from the Equality and Human Rights Commission (EHRC) has claimed.
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HR Watch Issue 82 - Employment Law Update
31 August 2011
There have been three important decisions which need to be taken into account ....
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Catholic nurses win right to refuse work in abortion clinic
31 August 2011
Two Roman Catholic nurses have secured the right not to work in an abortion clinic, citing in part the Equality Act 2010 as protecting their “philosophical belief” to not carry out abortions.
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Corrections made to Agency Worker Regulations
25 August 2011
Amendments have been made to the upcoming Agency Workers Regulations 2010, as the government moves to correct drafting errors.
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Tribunal rules no unfair dismissal where employer did not know of disability
25 August 2011
In a recent judgement the Employment Appeals Tribunal concluded that a debt adviser who worked in the Birmingham Citizen’s Advice Bureau (CAB) was not unfairly dismissed as the CAB could not reasonably have known about her agoraphobia and therefore was under no duty to make reasonable adjustments, as required under section 4A of the Disability Discrimination Act 1995
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“Another busy year” for ACAS who see "significant" increase in large-scale industrial disputes
08 August 2011
ACAS, the Advisory, Conciliation and Arbitration Service, has been reflecting on its past year of service concluding that large scale industrial disputes were on the rise
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Employers to put in place 2012 Olympics leave policy or face a greater impact on productivity
08 August 2011
ACAS (Advisory, Conciliation and Arbitration Service) has advised that workers should start negotiations with their employers now for time off to enjoy the Olympic games in 2012 as demand is expected to be high for employees to watch events
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Employers ‘perplexed’ by fit notes
08 August 2011
The recently introduced fit note system has been a damning verdict by British employers, who have little confidence in the concept and feel that GPs are failing in their duty to get employees to return to work after illness.
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‘Carers account’ suggested as alternative to poorly taken up paternity leave
01 August 2011
A report published this week by think-tank Demos showed that only one in ten working men would use the extended paternity leave provisions brought in by the coalition earlier this year
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News of the World staff are “potential litigants” says top lawyer
01 August 2011
In the wake of the shock closure of The News of the World last Sunday, employment law experts warn that “many City law firms may see potential litigants queuing round the corner.” Head of employment at city firm Bargate Murray, Philip Henson, added that "Whistleblowing claims may be the order of the day as there is no financial cap on compensation and no minimum period of service requirement for such claims.”
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Absenteeism to rocket during Olympics
01 August 2011
As preparations and excitement from the London 2012 Olympics builds, new research has predicted that staff absenteeism will reach record levels during the games, with many employers yet to introduce measure for those lucky enough to have tickets.
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Sexual orientation still a topic for abuse
01 August 2011
A person's choice over their sexual orientation continues to be a major cause of discrimination in the UK, despite increased protection from the law.
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Should social media be banned at work?
01 August 2011
As visiting sites like Facebook and Twitter increasingly becomes a part of daily life, more than two-thirds of UK workers believe access to social networking sites should be banned from the workplace.
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Businesses unsure of new Bribery laws
25 July 2011
A week after the biggest shake up in UK bribery laws in recent history came into force, less than half of Britain’s SMEs believe they are compliant with the new Bribery Act.
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Fresh-faced employee could launch Equality Act claim
25 July 2011
A female sales assistant who claims she was ‘driven out’ of her role at a major retailer could be set to launch legal action after being punished for not wearing make-up at work.
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Redundancies poorly managed in the UK
25 July 2011
Just a quarter of UK employees feel that their organisation is handling redundancies compassionately, a survey carried out by YouGov on behalf of the Good Work Commission has suggested
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Redundancy payments reach just shy of £14 billion
25 July 2011
The full extent of UK redundancies became clear this week, as figures showed that in the three years since the recession broke, employers have paid out £13.4 billion in redundancy payments.
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Warning to employers in £1.3million settlement case to “take responsibilities under the Equality Act seriously”
25 July 2011
Shah Qureishi, Head of Employment at law firm Bindhams, made his warning in a statement following negotiation of a settlement between a firm he described as a “top city law firm” and his client, an autism sufferer
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Children should be taught workplace law
25 July 2011
A leading government think tank has called on school children to be educated in the nation’s employment laws to improve their job prospects in the future.
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HR Watch Issue 81 - Bribery, Consultation and Ex Gratia Payments
12 July 2011
The Bribery Act 2010 has come into force since 1 July 2011. Companies are reminded to ensure that they have carried out adequate risk assessments and implemented clear procedures for their staff when dealing with potential issues. Spratt Endicott Solicitors can assist with this process.
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Business Insight Issue 4 - The New Bribery Act
11 July 2011
The new Bribery Act 2010 came into force on 1st July 2011 and can potentially affect you and your business.
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Government keen to communicate over employment laws
04 July 2011
In order to shape the country’s employment future and have a say in their way their working lives are regulated, business owners and employees alike have been encouraged by the government to improve their interaction with lawmakers.
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Religion and belief misunderstood in the workplace
04 July 2011
The public’s knowledge of legal protections for religious beliefs and racial discrimination in the workplace has been found wanting, the Equality and Human Rights Commission (EHRC) has revealed.
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Welsh employers ignoring Minimum Wage legislation
04 July 2011
More than 1,000 Welsh employers have been in breach of minimum wage regulations for almost 10 years without prosecution, according to the Welsh government.
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Employment Law - What you need to know
01 July 2011
Important changes took place on 6 April 2011 as follows:
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Employers: avoid discrimination by talking to staff
27 June 2011
Employers could be lining themselves up for a wave of sexual discrimination claims unless they properly communicate with their staff, according to one industry expert.
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Businesses still not giving guidance on social media usage
27 June 2011
Despite the increased worldwide usage of social media sites such as Facebook and Twitter, the majority of UK employees have not been provided with clear guidance on using such sites in the workplace.
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Tube driver wins battle for unfair dismissal payout
27 June 2011
A former driver on London’s busy underground network has successfully challenged his ex-employers on the grounds of unfair dismissal.
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Council boss suing for sex discrimination
20 June 2011
A former council boss is suing her employers for sexual discrimination after claiming her redundancy pay was reduced due to her sex.
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Equality legislation set for a change?
20 June 2011
Equality in Britain’s workplaces looks set for major reform after an upcoming stint on the Government’s Red Tape Challenge website.
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HR Watch Issue 80 - The Bribery Act 2010
17 June 2011
This important Act comes into force on 1 July 2011. It is essential that all companies and partnerships are aware of this new piece of legislation and have adequate procedures in place in order to avoid the potential offences which can be incurred for a breach of the Act. These include fines and potential imprisonment.
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Firms unprepared for Agency Worker Regulation reforms
13 June 2011
An alarming number of businesses across the UK are still unprepared for upcoming changes to the country's employment laws, including the new Agency Worker Regulations (AWR), research has shown.
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Small firms reminded of recent employment law changes
13 June 2011
Following a raft of changes to UK employment law, small business owners are being urged to update their working practices and avoid potential penalties.
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Young employees buckling under stress
13 June 2011
Almost 2.5 million young British workers between the ages of 18 and 29 are struggling to overcome work-related stress and overbearing employers, according to research firm GfK NOP Engage.
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CONCEPT OF DISGUISED REMUNERATION IS TOO COMPLEX
07 June 2011
The Finance Bill of 2011 was published in March this year but has not yet received Royal Assent
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TIME LIMITS FOR UNFAIR DISMISSAL CLAIMS
07 June 2011
The recent decision on the employment appeals tribunal of John Lewis Partnership v Charman, clarified when the tribunal will consider an unfair dismissal claim that has been lodged out of time.
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Avoiding DRA issues become business priority
07 June 2011
With just a few months to go until the controversial Default Retirement Age (DRA) is completely phased out, businesses are still eager to avoid any further accusations of age discrimination.
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Pay discrimination cases ‘will increase’
07 June 2011
Experts have predicted that employee grievances regarding pay discrimination could become more frequent unless salary increases are brought in line with rising living costs.
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Unfair dismissal compensation over ‘conference call redundancies’
07 June 2011
Nearly 200 workers astonishingly sacked via a conference call following the collapse of their employer’s firm, have won a landmark Employment Tribunal case.
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EMPLOYMENT RIGHTS AND PARTNERS
31 May 2011
A recent case in the High Court has highlighted the difficulties that can arise in applying employment law to partners in a partnership.
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Employers turning to mediation
31 May 2011
As some employees become disgruntled in the current economic environment, a large number of employers are looking at mediation to solve grievances, according to a survey by XpertHR.
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Office discrimination still a major issue
31 May 2011
The Great British workplace is still a hotbed for several forms of discrimination, new research into working practices has shown.
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MP TO SPEAK AT SPRATT ENDICOTT’S BRIBERY ACT SEMINAR IN JUNE
25 May 2011
With the new Bribery Act coming into effect on 1st July 2010, Banbury legal firm Spratt Endicott is pleased to announce the Right Honourable Tony Baldry MP as guest speaker at its free Bribery Act seminar on Friday 24th June.
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EMPLOYERS SHOULD PAY INTERNS, EXPERTS CLAIM
24 May 2011
Interns desperately hoping that their unpaid work will one day be financial rewarded, have been given a boost after a recent survey found that 97% of financial service practitioners believe they should be paid.
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GOVERNMENT UNVEILS FLEXIBLE LEAVE REFORMS
24 May 2011
This week, the government unveiled new flexible working regulations it claims will benefit all sectors of society.
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PUBLIC WORRIED ABOUT REDUNDANCIES IN UPCOMING MONTHS
24 May 2011
Almost one third of the British public fear that they could be made redundant over the next 12 months, according to alarming new research from HSBC.
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Business Insight Issue 3 - The Bribery Act 2010 Seminar on Friday 24th June 2011
23 May 2011
You are invited to attend a series of presentations on the new Bribery Act 2010 which comes into force on 1st July 2011 and can potentially affect your business.
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Important Changes to Employment Law
19 May 2011
April is a busy time in employment law and there have been significant changes which employers need to be aware of. As there have been so many changes, readers should to refer to the Spratt Endicott website se-law.co.uk which gives further detail about the various issues covered.
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EMPLOYERS ENFORCE SOCIAL MEDIA BAN
16 May 2011
While social media sites such as Facebook and Twitter enjoy unparalleled popularity, almost half of UK businesses have banned employees from accessing certain networking sites during office hours within the last year.
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CLARIFICATION GIVEN OF THE EFFECTIVE DATE OF TERMINATION OF AN EMPLOYEE’S CONTRACT OF EMPLOYMENT
09 May 2011
The recent decision in the Employment Appeals Tribunal of Wang v University of Keele has given useful guidance on how to calculate the effective date of termination of an employee’s employment
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FIRM GUILTY OF SEX DISCRIMINATION FOR UNREASONABLY FAVOURING FEMALE EMPLOYEE ON MATERNITY LEAVE
09 May 2011
The employment appeals tribunal has ruled that it is discriminatory to unreasonably favour a female employee who is on maternity leave over a male colleague
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IMPORTANT EUROPEAN DECISION ON ANNUAL LEAVE AWAITED
09 May 2011
The European Court of Justice is currently considering whether annual leave entitlement can be terminated or whether it will continue to accrue and be carried forward indefinitely whilst employees are on long term sick leave.
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HR Watch Issue 79 - Employment Matters Seminar - 9th June 2011
05 May 2011
Spratt Endicott Solicitors and Whitley Stimpson Chartered Accountants Invite you to attend a series of presentations on legal and financial issues related to employment.
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AGE DISCRIMINATION CLAIMS ON THE INCREASE
05 May 2011
A London based law firm has published figures, obtained from the employment tribunals, which show a 164% increase in age discrimination claims in 2010.
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EMPLOYEE ABSENTEEISM HAMPERING UK BUSINESSES
05 May 2011
According to current research, Brits take on average ten unscheduled days’ off work each year, costing the nation’s business more than £32 billion per annum in lost productivity
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HMRC ‘CRACKDOWN’ ON REGULATION DODGERS
05 May 2011
In a warning to all employers not upholding UK labour laws, HM Revenue amp; Customs (HMRC) has revealed that it is doubling the number of specialist officers cracking down on those who fail to comply with government regulations
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MANAGERS ADVISED TO ‘EMBRACE FLEXIBLE WORKING PRACTICES’
26 April 2011
Managers scared that implementing flexible working policies will lead to a drop in employee productivity should embrace the new laws for the good of the workplace, experts have urged.
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BUSINESS GROUPS CALL FOR CHANGES IN EMPLOYMENT TRIBUNAL SYSTEM
26 April 2011
Some of the UK’s largest business groups have urged the government to review current Employment Tribunal practices and address the ‘failures’ being exacted on workers and employers.
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TO LEGISLATE FOR EASTER
26 April 2011
Many businesses will face at least some degree of disruption as a result of the Easter bank holidays
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HR Watch Issue 78 - Changes to employment in April 2011
13 April 2011
Companies and HR departments will have noted the range of issues which have taken place and changed in April 2011.
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National Minimum Wage to increase
12 April 2011
Almost a million of the UK's poorest workers will welcome further increases to the National Minimum Wage (NMW) following a Government announcement this week.
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CURRENT DRESS CODES ‘RESPECTFUL OF RELIGIOUS BELIEFS’
12 April 2011
The majority of organisations operating in Britain have dress code policies in place that reduce the possibility of employees launching harmful discrimination claims on the grounds of impinged religious beliefs.
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INDUSTRIAL ACTION TO INCREASE, FEAR EMPLOYERS
12 April 2011
According to a recent survey by the Chartered Institute of Personnel and Development (CIPD), more than 70% of employers predict a rise in industrial action over the next 12 months.
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PATERNITY LEAVE REFORMS ‘WILL DAMAGE BUSINESS’
12 April 2011
As working fathers undergo changes to their paternity leave allowances, a slim majority of employers believe that such reforms will have a hugely detrimental impact on their business’ bottom line.
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Real-time PAYE pilot given the green light
12 April 2011
A new system aimed at improving the operation of the Pay As You Earn (PAYE) tax system has been given the green light by the government, HM Revenue amp; Customs revealed this week.
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FIVE-STAR EMPLOYEE LAUNCHES MAJOR DISCRIMINATION CLAIM
08 April 2011
A five-star hotel chain is being charged by a former employee after he claimed he was told to fire employees who were not “sexy” and “blonde,” a tribunal heard last week.
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WORKING FATHERS WILL ‘REJECT NEW PATERNITY LAWS’
08 April 2011
As Government reforms to paternity regulations come into force this week, four out of 10 men claim they will not be taking advantage of the reforms, a new study has revealed.
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REVERSAL OVER NEW FLEXIBLE WORKING LAWS
08 April 2011
The Government has announced a u-turn over regulations, due to come into force on 6 April this year, to extend the right to request flexible working to parents of children under the age of eighteen
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BUSINESSES LOSE PROFITS WHEN STAFF LOSE LUNCH BREAKS
01 April 2011
Research by the private health care provider BUPA suggests that UK businesses are losing up to £50 million a day as staff productivity is affected by staff failing to take adequate lunch breaks
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HUGE PAYOUT FOR RACIAL DISCRIMINATED WORKER
25 March 2011
A Brazilian office worker, who fell victim to racial abuse for a staggering 18 consecutive months, has been awarded more than £140,000 in compensation.
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RAPID INCREASE IN 'MALICIOUS DISMISSAL CLAIMS'
25 March 2011
UK employers are increasingly falling victim to instances of 'malicious dismissal claims' from disgruntled ex-employees.
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UK FIRMS 'POOR AT SAFEGUARDING FAMILIES'
25 March 2011
The majority of working mothers across the UK believe their employers are lacking when it comes to promoting family friendly policies, major new research has revealed.
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HR Watch Issue 77 - Tax, Tribunals and Paternity
22 March 2011
This month’s roundup of employment law developments covers a wide range of issues which will be of interest for HR departments and companies.
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LIABILITY FOR EMPLOYEE STRESS
18 March 2011
A recent survey has found that employee stress is still a major concern for employers
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REDUNDANCY SUFFERS CHALLENGING PAYOUTS
18 March 2011
Employees ‘laid-off’ in recent times are increasingly taking their former employers to court to dispute the size of their redundancy settlements.
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WOMEN’S RIGHTS ABUSE ‘RIFE IN THE WORKPLACE’
18 March 2011
Negative consequences of a deep and painful recession have been evident for all to see, and according to leading workers’ unions, the abuse of women's rights in the workplace has massively increased in the last few years
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CHANGES TO CONTRACTOR ‘IR35’ LAWS
18 March 2011
The Office of Tax Simplification issued a statement last week in relation to its awaited report on simplification of the IR35 rules for contractors
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SMES WANT 'PATERNITY EXEMPTIONS'
18 March 2011
A growing number of small business owners believe the Government should grant exemptions before new paternity leave regulations come into force later this year.
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EMPLOYERS ‘UNAWARE’ INTERNSHIPS MAY BE ILLEGAL
11 March 2011
An alarming number of employers are either unaware or are turning a blind eye to the law regarding internships, new research has revealed.
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EMPLOYERS ‘UNPREPARED’ FOR AGENCY WORKERS REGULATIONS
11 March 2011
With Agency Worker Regulations (AWR) to be introduced later this year, a worrying high number of employers are yet to assess how the legislation will impact on their workplace.
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INCREASE IN STRESS LEVELS AT WORK
11 March 2011
Continuing economic frailties in the UK are ramping up instances of stress in the workplace, a new survey by the Trade Union Coordinating Group has found.
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HOW TO PREPARE FOR THE NEW PATERNITY LEAVE LEGISLATION
04 March 2011
Employers should be aware of the new rules on paternity leave that are due to come into force on 3 April.
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HR Watch - Issue 76 - Latest Developments in Employment Law - Weddings, charters and changes ...
01 March 2011
Significant changes are underway in employment law, with changes being announced on a regular basis. Here is a summary of the latest changes announced this month.
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NO EXTENSION OF TIME TO TRAIN REGULATIONS TO SMALLER BUSINESSES
01 March 2011
The Time to Train Regulations were introduced for large businesses in April 2010
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IMMINENT EMPLOYMENT LAWS TO ‘COST BUSINESSES BILLIONS’
01 March 2011
Shifts in the employment legislation landscape could set back UK businesses to the tune of £23.87 billion over the next four years, the British Chambers of Commerce (BCC) has claimed.
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POOR WAGES TO INCREASE GRIEVANCE CASES
01 March 2011
An increasing number of workers unhappy about their level of pay in the current economic climate could bet set to launch grievance cases, an expert has suggested.
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PUBLIC SECTOR REDUNDANCIES TO ROCKET
01 March 2011
The UK public sector is bracing itself for a swathe of redundancies in the aftermath of deep and stringent Government austerity measures, according to this quarter’s Labour Market Outlook from the Chartered Institute of Personnel and Development (CIPD) and KPMG.
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ALARMING NUMBER OF EMPLOYEES FEARING JOB LOSS
18 February 2011
Almost 20% of workers in the UK fear they are likely to lose their job in the coming months, according to research by the Chartered Institute of Personnel Development (CIPD).
A recent survey by the organisation found that one employee in five believes that they are likely to lose their job, with public sector workers the most concerned about their job and financial security.
Out of those public service workers questioned, one-third fear redundancy, compared with 17% in private companies and 22% in the third sector.
To compound the issue, staff were also pessimistic about their chances of finding another job should they be made redundant
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EX-EMPLOYEE WINS RIGHT TO SEEK INJURY COMPENSATION
18 February 2011
A former Royal Air Force (RAF) employee has won the right to seek personal injury compensation after a workplace team-building activity left him paralysed.
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WORKER ACCUSES HIGH-PROFILE RETAILER OF ‘TRIVIALISING’ SEXUAL DISCRIMINATION
18 February 2011
A male shop assistant has launched a sex discrimination case against household retailer John Lewis, claiming the company laughed off a clear instance of harassment.
According to the Evening Standard, Konstantinos Kalomoiris, a former employee for at John Lewis’ flagship department store on London's Oxford Street, accused colleague Bianca Revrenna of slapping his bottom in the workplace.
Mr Kalamoiris claimed the 68-year-old manager performed the inappropriate action on three occasions, forcing him to quit his job, despite complaints to upper management
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CHANGES TO CRIMINAL RECORDS BUREAU CHECKS AND VETTING AND BARRING SCHEME
18 February 2011
The Government’s provisions in the new Freedom Bill, due to become law in early 2012, include plans to cut back on the number of people required to undergo criminal record bureau checks in order to work with children and vulnerable adults
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NURSE SACKED FOR SAUCY COMMENT WINS UNFAIR DISMISSAL CASE
18 February 2011
The Court of Appeal has ruled that nurse, Laura Bowater, was unfairly dismissed by North West London Hospitals NHS Trust when she was sacked for making a lewd comment whilst trying to restrain a man undergoing an epileptic shock
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EMPLOYMENT AGENCIES ‘FAILING WORKERS’
11 February 2011
An alarming number of employment agencies throughout the UK are in breach of current employment legislation, research has found.
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COST OF REDUNDANCIES TO SOAR FOR EMPLOYERS
11 February 2011
From February 1st, employers will find it more costly to make workers redundant as the maximum caps on statutory redundancy pay and unfair dismissal compensation are increased
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RECENT CASE HIGHLIGHTS THE NEED TO TACKLE WORKPLACE STRESS
11 February 2011
A former prison officer has been awarded thousands of pounds in damages by a tribunal for post traumatic stress disorder caused by his employer.
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DINNER LADY WINS UNFAIR DISMISSAL CASE
11 February 2011
A dinner lady has won her claim for unfair dismissal although she was only awarded compensation of £49.99 for the dismissal
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WORKER CONVICTED OF THEFT FOR FAILING TO RETURN OVER PAYMENTS OF WAGES
11 February 2011
A former NHS worker at NHS Calderdale was sentenced this week to a four month suspended jail sentence and a twelve month supervision order for failing to return wages paid to her by the hospital trust after she had left her job
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FREELANCER WINS IR35 CASE
04 February 2011
A freelance engineer has finally succeeded in a longstanding, seven-year dispute with HMRC over his employment status
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LANDMARK DISCRIMINATION CASE
04 February 2011
In a recent case brought under The Equality Act (Sexual Orientation) Regulations 2007, Bristol County Court has ruled that two hotel owners were in breach of the law by refusing to allow a gay couple to share a double bed in their hotel
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CONTROVERSIAL BRIBERY ACT TO BE REVIEWED
04 February 2011
The Bribery Act 2010, set to come into force this April, will be reviewed with a view to possible reforms, the Government has confirmed this week
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WORKPLACE DISPUTES TO UNDERGO GOVERNMENT REFORM
04 February 2011
Plans to overhaul the way in which workplace disputes are resolved have been announced by the Government, alongside the introduction of an ‘Employers’ Charter’ to remind businesses of their obligations and rights
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SEX DISCRIMINATION AND HARRASSMENT
04 February 2011
Shortly after the BBC lost its tribunal claim for age discrimination against presenter Miriam O'Reilly’s, another media channel, Sky Sports, is finding itself having to apologise over sexist remarks made by two of its presenters
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PROPOSALS TO INTRODUCE NEW FINES FOR EMPLOYERS WHO LOSE TRIBUNAL CASES
04 February 2011
As part of its planned reform of the employment tribunal system, the government is considering introducing fines for employers of 50% of the compensation awarded to the winning party, if they lose a tribunal claim
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NO DISCRIMINATION PROTECTION FOR VOLUNTEER WORKER
04 February 2011
The Court of Appeal has rejected a claim by an unpaid voluntary worker for disability discrimination
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EMPLOYMENT TRIBUNAL REFORM
04 February 2011
The government has published plans to reform the employment tribunal system
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EMPLOYEES TO EMBRACE NEW MATERNITY LAWS
28 January 2011
Expectant parents employed throughout England and Wales will soon benefit from wholesale changes to employment legislation geared towards better accommodating new families.
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80% OF FEMALES UNDERPAID
28 January 2011
The majority of female workers in the UK feel they are eligible for compensation on the grounds of sex discrimination in terms of their salary, as gender pay discrepancies reach 25% in some employment sectors
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DEFAULT RETIREMENT AGE ON LAST LEGS
28 January 2011
After months of Government and public discussion, the current default retirement age of 65 is to be finally phased out between April and October of this year.
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AGE DISCRIMINATION AND THE MEDIA
21 January 2011
The Equality Act’s age discrimination protection provisions can be particularly welcomed by older workers in the media industry, following the BBC presenter, Miriam O'Reilly’s, recent success in her tribunal case against the broadcasting company.
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GENDER AND INSURANCE
21 January 2011
The European Court of Justice has been asked to rule on the legality of the current derogation in EU law that allows insurers to take sex into account when determining insurance premiums and annuity payments for matters where sex is an established risk factor
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ADVANTAGES OF PAY TRANSPARENCY?
21 January 2011
Bankers’ bonuses have again hit the headlines amidst new disclosure rules for pay and bonuses in the financial sector
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HR Watch Issue 75 - Important changes to Employment Law
18 January 2011
The New Year has brought key changes and proposals to employment law.
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AWARENESS OF EMPLOYMENT RIGHTS ‘ON THE RISE’
14 January 2011
Britain’s workforce is becoming increasingly savvy when it comes to recognising and enforcing their employment rights, leading experts have revealed.
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WORKERS ‘DENIED SICK PAY’
14 January 2011
Public sector employers have been urged to give sick pay to all their workers after a new study found it was not being paid to some cleaning and catering staff in schools and hospitals.
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Redress for 'unlawful' immigration act
07 January 2011
The British Chambers of Commerce (BCC) has warned that businesses who were denied the opportunity to sponsor migrant workers under the coalition Government’s interim limit, may now seek redress or compensation after the concept was deemed unlawful.
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Small businesses and pensions
07 January 2011
The Pensions Act 2008 states that all businesses must start automatically enrolling eligible staff into a qualifying pension scheme between 2012 and 2016, unless individual workers decide to opt out of such a scheme. By 2017, the minimum percentages to be paid into the scheme must be 4% by workers, 3% by employers and 1% by the Government.
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SMEs to embrace flexible working in 2011
07 January 2011
Firms across the UK have expressed a desire to embrace flexible working practices in 2011.
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New Year minimum wage changes
07 January 2011
Minimum wage employees will welcome Governmental changes to pay schemes, enforceable from January 1st 2011.
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Employers watch out as decision paves the way for more equal pay claims
07 January 2011
A recent High Court decision has made it possible for employees and workers to bring equal pay claims for breaches that occurred up to six years ago.
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Employers overlooking disadvantaged applicants
07 January 2011
Unqualified youngsters and ex-offenders are just a few of the disadvantaged groups being overlooked by employers, new research has found.
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Legislative Changes in 2011
23 December 2010
This Articles contains a brief overview of some of the legislative changes due to come into force over the next year.
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It's snow excuse - Employment rights and obligations in bad weather
22 December 2010
Many workers assume that if they are prevented from travelling to work because of snow and bad weather, they will be entitled to a “snow day” for which they will receive their usual pay
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Gross misconduct and unfair dismissal
22 December 2010
The Employment Appeal Tribunal has recently ruled in the case of Weston Recovery Services v Fisher that an employer was not liable for unfair dismissal for summarily dismissing an employee for serious misconduct that did not amount to gross misconduct
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Immigration cap declared unlawful by High Court
22 December 2010
The High Court last week ruled that the temporary government caps on migrant workers that have been in force since the summer were unlawful and should be removed
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HR Watch Issue 74 - What happens next?
17 December 2010
With the year drawing to a close, readers may be ready to cast their minds towards the new challenges which 2011 will be bringing for HR departments and others involved in managing staff. The good news is that there’s going to be plenty to do…
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Social media and the workplace
17 December 2010
Social networking sites such as ‘Facebook’ and ‘Twitter’ can be excellent tools for business owners and their staff to market and network the business’ goods and services.
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Small businesses to benefit from trained apprentices
17 December 2010
A new apprentice agency has been set up by the Learning and Skills Network to make it easier for small businesses to take on apprentices
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Employers should beware of the Christmas party season
16 December 2010
Businesses have been warned to beware of ‘festive Friday’ discrimination claims.
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Disability discrimination and mental illness
15 December 2010
A recent employment tribunal case warns employers of the dangers of ignoring employees’ disabilities when making employment decisions
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Employment in the family business
14 December 2010
Family businesses often start out as small, close-knit affairs with the owner(s) and their family carrying out most if not all of the work.
However, as such businesses expand and generate more work, employees are often taken on from outside the family
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Planned improvements to the PAYE system
10 December 2010
Her Majesty’s Revenue and Customs (HMRC) has published a consultation paper on improvements to be made to the PAYE system.
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Snow, Parties and the Law – A Brief Legal Guide to Help Businesses through the Winter
09 December 2010
The best approach is to think about the issues which may arise over winter, and to circulate information in advance to employees.
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Drug testing of employees
09 December 2010
Employers have a duty under health and safety legislation to ensure that their employees and workers do not put themselves or others in danger through their actions and behaviour
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Employers beware of bogus applicants
09 December 2010
The recent employment tribunal case of Berry v Recruitment Revolution amp; Others has highlighted the dangers of age discrimination in recruitment campaigns
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Age discrimination and retirement
07 December 2010
Legislation to abolish the default retirement age is due to come into force in October 2011
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Agency workers lose out on employee benefits
07 December 2010
The Court of Appeal has rejected a claim by an agency worker that he was unfairly dismissed by the company he was working for, on the basis that he was an independent contractor, rather than an employee
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Council worker wants compensation after being subjected to disciplinary action
03 December 2010
A council official has launched a £330,000 damages bid at the High Court.
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Unfair dismissal – employers beware
30 November 2010
The recent employment tribunal appeal case of Tao Herbs amp; Acupuncture Ltd v Jin [2010], should be a warning to employers of the potentially devastating cost of being found liable for unfair dismissal
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The impending rise in equality act cases
29 November 2010
The Equality Act was implemented on October 1 as a consolidating Act designed to replace and reform existing discrimination and equality laws
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Changes in Employment Law – 2010
29 November 2010
Paternity Rights
As from April 2011 fathers will be entitled to take up to twenty-six weeks of paid paternity or adoption leave, provided that the mother returns to work before the end of her maternity/adoption leave
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Gender pay discrimination
23 November 2010
The recently implemented Equality Act gives increased force to the illegality of discrimination by employers on the basis of gender.
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Transgender discrimination
22 November 2010
The Trades Union Congress (TUC) is aiming to raise awareness of discrimination against transgender people both in everyday life and in the workplace.
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Doctor pursues religious discrimination claim
19 November 2010
A Christian doctor is bringing a case of religious discrimination against Northamptonshire County Council.
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Collective Redundancies
18 November 2010
In these difficult economic times, large scale redundancies can be inevitable and some well known Banbury businesses have already been affected. The law respects that tough decisions need to be made, but requires that fair procedures are followed to protect the employees affected by these important decisions.
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HR Watch Issue 73 - Retirement dismissals - time for a re-think?
18 November 2010
Readers will be aware of the complex issues surrounding the retirement of employees. Since 2006, employers have been able to rely on the Employment Equality (Age) Regulations 2006 (which were not amended by the Equality Act 2010). Employers can use these regulations to insist that employees retire at age 65 (known as the “default retirement age” or DRA) without incurring liability for claims of unfair dismissal or age discrimination as long as a largely prescriptive statutory procedure is carefully followed.
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Redundant workers informed by conference call
18 November 2010
The Union of Construction, Allied Trades and Technicians (UCATT) has criticised the handling of redundancies from a company in administration.
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Director not awarded redundancy payment
18 November 2010
An individual from a firm in Halesowen has missed out on redundancy pay after the company went into liquidation
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Former care worker wins case for discrimination
18 November 2010
A former care home worker who was dismissed from her job has won her case for discrimination.
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Immigration cap may affect recruitment
09 November 2010
The Government’s plan to impose a cap on non-EU migrants has concerned recruiters according to The Recruitment and Employment Confederation (REC).
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Compromise agreements unenforceable
05 November 2010
Experts have warned that current changes enforced under the Equality Act could halt the use of compromise agreements in the workplace.
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Calls for minimum wage increase
02 November 2010
Minimum wage employees throughout England and Wales could receive a bumper increase in their pay packet next year.
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Stress now leading cause of absence
01 November 2010
Stress has become the most common cause of long-term sickness absence, according to new research.
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Seven year ban for wage withholding recruiter
01 November 2010
The Director of a recruitment firm has been banned from running an employment agency for seven years after unlawfully withholding over £11,000 in wages.
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Flexible working more valued than pay rises
27 October 2010
Any cash-strapped employers keen to show staff some appreciation could consider introducing more flexible working arrangements over increasing salaries, new research has suggested.
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EU maternity plans to be blocked
27 October 2010
The European Parliament will shortly vote on extending maternity leave to 20 weeks on full pay for all workers but Britain is expected to block the legislation if passed.
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Maternity extension proposals voted on
25 October 2010
The European Parliament has voted in favour of several measures that would strengthen maternity protection for new parents.
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HR Watch Issue 72 - Changes to Employment Law from 1 October 2010 - Amendment
21 October 2010
Readers will have noted that last month’s HR watch contained conflicting information as to the ages at which National Minimum Wage rates apply.
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Compromise agreements on the rise
20 October 2010
A large percentage of employers are reporting an increase in the use of compromise agreements, according to new research.
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Increase in equal pay claims likely
20 October 2010
Equal pay claims in the private sector look set to rise following new research from legal experts.
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Businesses lifting recruitment and pay freezes
20 October 2010
In a sign of Britain’s emergence from a long-arching recession, businesses are beginning to lift the widespread pay and recruitment suspensions that occurred during the economic downturn.
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HR Watch Issue 72 - Changes to Employment Law from 1 October 2010
15 October 2010
1 October is always a date when changes take effect in employment law. Companies should note the following:
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Bar man’s ‘last orders’ for dismissal were unfair
14 October 2010
The Employment Appeal Tribunal (EAT) has supported a case brought by an individual whose employment was terminated when his place of work changed hands
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Businesses should prepare for winter disruptions
14 October 2010
Small businesses throughout the UK must prepare for weather-related disruptions this winter by drawing up continuity plans, a business group has warned.
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Coalition upholds paternity regulations
05 October 2010
Despite previous predictions, the coalition government has upheld Labour ideas on paternity leave, to the benefit of millions of fathers.
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Public roasting for wage abusing employers
05 October 2010
Employers who fail to implement and adhere to newly enforced minimum wage regulations could be named and shammed in public, new government plans have revealed.
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October 1st change in minimum wage
04 October 2010
Starting October 1st 2010, employees on minimum wage will embrace a slight governmental increase in hourly rates but employers who fail to heed new rules could find themselves in financial trouble.
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Employers warned over damaging references
04 October 2010
Employers must do all they can to avoid future legal action caused by less than flattering references, a current legal case has shown.
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HR Watch Issue 71 - Special Edition on The Equality Act 2010
01 October 2010
Significant parts of the Equality Act 2010 come into force as from today, 1st October 2010. Discrimination law is currently contained in a number of different pieces of legislation. The Equality Act brings these together in a consolidating act, and aims to adopt a single approach where possible. However the Act also extends and amends discrimination law in a number of important areas which companies need to be aware of.
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Updates on employment law
01 October 2010
National Minimum Wage rates and age bands will apply from 1st October 2010 as follows:
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Businesswoman sues boss over ‘sexy nurse’ insults
30 September 2010
A recruitment executive forced from her job following a barrage of lewd comments is pursuing a claim for sexual harassment against her “humiliating” boss
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Smokers ‘suffering workplace discrimination’
30 September 2010
As local authorities begin forcing smokers to clock off before taking their daily breaks, campaigners feel workplaces are slowly being filtered to exclude those who spark-up
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Increase in age discrimination success rate
29 September 2010
The number of age discrimination claims accepted by employment tribunals increased by more than a third over the past year, according to the Employment Tribunals Service
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Survey highlights employer pension fears
28 September 2010
More than half of Britain’s SMEs think government plans which automatically enroll workers into pension schemes will add significantly to business costs, surveys have indicated
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Employers ‘unfairly blocking home working requests’
27 September 2010
Millions of employees across the UK are desperate to work from home but are being denied the opportunity by stern employers, the TUC has claimed
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Immigration cap set for High Court battle
27 September 2010
The government’s controversial immigration cap will be reviewed in London’s High Court following concerns on behalf of the Joint Council for the Welfare of Immigrants and a number of small businesses
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Government outlines October Equality Act provisions
24 September 2010
With the Equality Act being rolled out in just a few weeks, the government has confirmed which regulations will be immediately be enforced on businesses throughout the country
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PAYE overhaul proposed
23 September 2010
Following recent turmoil surrounding the Pay As You Earn (PAYE) tax system, a new “real-time” option has been proposed which may eliminate the current problems faced by tax authorities
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HR Watch Issue 70 - When is a redundancy not a redundancy?
22 September 2010
Being made redundant is usually one of the most difficult times in any employee’s life. However employers should be aware that a “redundancy” for the purposes of unfair dismissal law, only arises in certain circumstances. An interesting decision of the Employment Appeal Tribunal considers what an employer’s duties and risks are, when the redundant employee is away on maternity leave during the redundancy process.
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Staff stress dangers for employers
22 September 2010
As money worries and job cuts hang over the heads of thousands of UK employees, their managers have been warned to recognise and sympathise with stress or face legal consequences
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Financial warnings shadow EU maternity pay reform
20 September 2010
Plans to extend maternity leave across Europe to 20 weeks on full pay will cost the Treasury and taxpayers an extra £2.5 billion a year, forcing many to question its relevance, a report claims
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Majority of employers ‘unprepared for Equality Act’
20 September 2010
With just weeks to go until one of the biggest shifts in employment legislation for a generation, two-thirds of employers have admitted they feel unprepared for the upcoming Equality Act
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Confusion still surrounds Agency Worker Regulations
17 September 2010
The government’s plans for Agency Worker Regulations remain unclear and employers are reportedly growing anxious over what changes could be made
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Muslim employees claim discrimination over Ramadan ban
17 September 2010
Muslim postal workers denied the chance to celebrate the end of the holy month Ramadan have threatened legal action on grounds of religious discrimination
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Mediation ‘key to employee grievances’ claims Acas
17 September 2010
With employment tribunal rates spiralling and recession-related grievances climbing, Acas and the Trade Union Congress (TUC) have published a set of guidelines aimed at promoting mediation in employment claims
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October warning over minimum wage increase
17 September 2010
Employers are being warned that failure to introduce October’s new National Minimum Wage could lead to expensive employment claims and government penalties
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Mixed result for TUPE care workers
14 September 2010
The Employment Appeal Tribunal (EAT) has ruled that staff at a care home should have been consulted on changes to pay arrangements following a TUPE transfer but original payouts should be reduced
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Civil service redundancy Bill gets MP’s vote
10 September 2010
MPs have voted on a Superannuation Bill which will cap civil service redundancy pay at one year’s salary or 15 month for voluntary redundancies
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Government softens tax reclaims
10 September 2010
As millions of Brits open their post this week to demands for unpaid tax, the government has softened the blow for those owing under £300 as a sign of goodwill
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Rise in office sexual harassment
10 September 2010
One in 12 women has felt sexually harassed in the workplace but less than half have reported it to another member of staff, research has revealed
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Employer compensates ‘overworked’ staff
09 September 2010
Employers are being warned to properly assess all health and safety dangers when introducing new working systems following a recent compensation award in Cumbria
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Tube-affected Londoners not entitled to missed wages
09 September 2010
As London recovers from frenzied days of cancelled tubes and travel chaos, employment solicitors have warned that staff who missed days in the office are not entitled to receive wages
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Employers ‘scared of DRA scrap’
07 September 2010
As the government prepares to bring an end to the highly controversial Default Retirement Age (DRA) employers are increasingly concerned about what the future will bring, new research has revealed
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Business urged to adapt equal pay policies
06 September 2010
The British Chambers of Commerce (BCC) and Equality and Human Rights Commission (EHRC) have called on small and medium size businesses to examine their pay systems and ensure they comply with equal pay laws
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Flexible working equals improved relations
06 September 2010
Employers who offer their staff the chance to adapt working hours are more likely to enjoy a positive working relationship, new research has found
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Discrimination warning surrounds new online software
26 August 2010
A new facial recognition software developed with humanitarian intentions could lead to discrimination claims in the employment sector, experts have warned.
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Employees ‘suffering in silence’
25 August 2010
UK employees would prefer to keep stress and health related issues to themselves rather than confide in their employers, new research has found
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Customer data top choice for thieving staff
24 August 2010
Departing employees and contractors are more likely to steal customer data and colleagues’ property when leaving their job than any other goods, new research has discovered
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Emails landing employees in hot water
24 August 2010
Inappropriate emails have led to 5% of UK employees being fired or reprimanded by their employers, according to a new survey
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Sun damage warning for UK employers
24 August 2010
Employers who fail to ensure their staff are provided with sufficient sunscreen whilst working outdoors could be scorched by employment law following a recent Australian case
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HR Watch Issue 69 - FREE Seminar on the latest developments in employment law
23 August 2010
You are invited to attend a FREE Seminar aimed at helping HR Directors/Managers understand the important changes now taking place within employment law.
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Unpaid overtime ‘soaring’ following recession
23 August 2010
More and more workers around the UK are putting in extra unpaid hours and employers could be risking legal action, new research has revealed
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Sharp rise in job-related legal cases
20 August 2010
Solicitors throughout England and Wales are reporting a noticeable increase in the amount of work-related claims over recent months, new figures have revealed
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Social Networking - Employer/Employee Guidelines
19 August 2010
Networking via social media is on the increase in business and can be a useful tool for promoting the business. However, employers need to find a balance between making it work for them and protecting their business from the negative issues which may arise.
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‘Staff fraud to rise’ claims report
19 August 2010
Over the past year there has been a 31% increase in staff identity fraud and a doubling of the number of confidential disclosures to third parties, a new report by UK fraud prevention service CIFAS has revealed
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Employers ‘must stop staff violence’
17 August 2010
Employers have been warned that measures must be put in place to stop staff being targeted by violence following an abused care worker’s recent payout.
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Male workers ‘most affected by stress’
17 August 2010
Men are four times more likely to take days off work suffering from stress-related illnesses, new research has found.
Medicash’s recent survey of over 3,000 workers found that 20% of men admitted to skipping at least two day’s work over the past month due to stress
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HR Watch Issue 68 - Latest Developments in Employment Law & FREE Seminar
13 August 2010
The sun may be shining, the beaches may be calling, the Directors may be on their yachts in the Med, but employment law continues to develop and change. Luckily for readers of HR watch, we are here to provide a brief and manageable summary of the latest developments.
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£13.5million sought by discriminated ‘baby banker’
13 August 2010
A female investment banker is claiming a multi-million pound settlement from her former employers after she was made redundant following maternity leave
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Right to request training given government review
13 August 2010
The government has announced that it is reviewing the recently introduced right to request time for training regulations which came into force this April
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Christian council worker ‘fairly dismissed’ after religious claim
12 August 2010
A resolute Christian who proclaimed that a woman should “put her faith in God” to survive an incurable illness has lost his claim for unfair dismissal
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Pensions could be slashed under coalition proposals
12 August 2010
Government plans to directly link final salary pensions to the Consumer Prices Index (CPI) could axe almost 25% off pensioner’s weekly allowances and “prove a nightmare for millions”, experts have warned
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Workplace sexual harassment affects 90% of women
12 August 2010
International research has detailed the plague of sexual harassment and discrimination affecting female workers
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Flexible working to damage relationships, claim FSB
11 August 2010
Government plans to introduce flexible working to all workers in the UK could “endanger” existing relationships between employees and employers, the Federation of Small Businesses (FSB) has warned
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Women workers win ‘unsocial hours appeal’
09 August 2010
After battling their employers for six years, female medical staff in Merseyside have successfully secured equal pay for working unsocial hours on weekends
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Social media ‘costs British businesses billions’
06 August 2010
Popular social networking sites such as Facebook and Twitter are costing UK businesses billions in lost productivity, new research suggests
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EU grants self-employed maternity and pension rights
06 August 2010
As part of a pledge to improve female entrepreneurship, self-employed workers are set to gain maternity and pension benefits under new proposals outlined by the European Union
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Guidance published on employing asylum seekers
05 August 2010
Employers have been issued much-need guidance on employing refugees and asylum seekers via new publications by the UK Border Agency (UKBA)
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Paternity extensions could be scrapped
03 August 2010
Extended paternity leave promised by the outgoing government could be abandoned and rewritten in the coming months, it has been revealed
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National Minimum Wage threshold dropped
03 August 2010
The age at which an employee will become eligible for full National Minimum Wage (NMW) payments will be dropped by 12 months, from 22-years-old to 21
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DRA to ‘retire’ in 2011
30 July 2010
From October 2011 the highly-controversial Default Retirement Age (DRA) will become illegal meaning employees will be able to work past the current 65-year-old limit enforced by many employers
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Government closes minimum wage loophole
30 July 2010
Thousands of employees are set for a minimum wage increase thanks to the termination of a widely-used employer loophole
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HMRC changing PAYE following public opinion
29 July 2010
HM Revenue amp; Customs (HMRC) is calling on millions of taxpayers to help adjust current Pay As You Earn (PAYE) regulations and improve the tax system’s efficiency
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Start-ups to reach ‘record numbers’
29 July 2010
Entrepreneurial Brits will launch news businesses by the droves this year and tackle the rising problems of unemployment, the Federation of Small Businesses (FSB) has predicted
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Country welcomes flexible working proposals
27 July 2010
More than 50% of the nation’s workforce are embracing government plans to introduce flexible working to employees across the board, according to new research.
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‘Ageism wall’ impeding mature workers
26 July 2010
Elderly employees are finding it increasingly difficult to locate new employment due to an “invisible wall” of ageism currently plaguing the country’s employment sector, leading charity Age UK has warned.
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Employers – withdraw pre-employment health questionnaires now
22 July 2010
Almost two-thirds of employers who routinely draw on pre-employment health questionnaires are being urged to halt their usage in time for the new Equality Act
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Unfair dismissal compensation for Portsmouth F.C. employees
22 July 2010
Beleaguered ex-Premier League club Portsmouth F.C
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EU Commission to force women into the boardroom
21 July 2010
Businesses throughout Europe have been warned that unless they start appointing females to prominent board room roles the European Commission will do it for them
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Agency fees update given lords’ approval
20 July 2010
Workers in the entertainment industry are set for increased salary protection as the House of Commons and House of Lords approve changes to up-front fees
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‘Stamp out workplace bullying’ urges leading charity
20 July 2010
Employers and their staff should be taking all the necessary measures to combat bullying in the workplace and safeguard mental health, a prominent charity has argued
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‘Pay gagging’ to be outlawed this year
19 July 2010
Employers who regularly instruct their staff not to discuss wages with outside parties will have to amend their employment contracts over the next 12 months, the government has confirmed.
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Temporary immigration cap comes into force
19 July 2010
Following pledges to reduce immigration’s burden on public services and employment, the government has brought into force a temporary cap on immigration in the UK.
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Encourage flexible working and keep absenteeism in-check
16 July 2010
Following reports that more than 120million sick days are taken every year by European employees, organisations must introduce flexible working policies to reduce staff’s need to take a ‘sickie’, leading management firms have suggested.
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Car wash firm prosecuted under Employers’ Liability regulations
16 July 2010
As calls for increased Employers’ Liability punishments ring around Whitehall, an Essex car wash company has been fined £6,750 for failing to properly insure itself against staff injuries and deaths.
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Workers increasingly feel bullied by their boss
16 July 2010
More than a fifth of the nation’s workforce feel unfairly harassed and bullied by their employers, a new HR study has revealed.
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The Coalition Government - a new dawn for employers?
15 July 2010
Employers must be wondering with a new government what changes are around the corner which will affect their workforces and their businesses.
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Government urged to punish Employer’s Liability ‘dodgers’
15 July 2010
Employers who fail to secure insurance cover for staff injuries or deaths in the workplace should receive increased government punishment, a leading insurance group has urged.
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One in ten employees ‘naïve’ over payslips
15 July 2010
Almost 10% of Britain’s employees do not understand all the details of their payslips and could be losing out on wages, according to new research from the Institute of Payroll Professionals (IPP).
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HR Watch - Issue 67 - Contracts, bonuses, cars and pensions ...
14 July 2010
Readers of HR Watch will recall that we have been considering the stages of recruiting new staff into the workplace. You have found the perfect applicant, what happens next?
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HR managers ‘must update equality policies’ says Acas
14 July 2010
To limit the damage of upcoming equality legislation HR managers should update their employment polices, Acas has urged.
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Whistleblower wins right to protect earnings
13 July 2010
A female radiographer who blew the whistle on her fraudulent colleagues has won the right to protect her earnings until her employment case is concluded
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Coalition to review Agency Workers Regulations
12 July 2010
Reviews and possible amendments to the controversial Agency Workers Regulations have been proposed by the government just months before its introduction to the public
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Record level of employees launching tribunal claims
09 July 2010
The number of claims accepted by Employment Tribunals around Britain has rocketed by 56% in the past year, according to figures released by the Tribunal Service.
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Teacher awarded £8,250 over religious discrimination
08 July 2010
A Protestant teacher who claims she was selected for redundancy due to her religious beliefs has been awarded £8,250 in damages
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Cap enforced on civil service redundancies
08 July 2010
The impact of the government’s spending cuts within the nation’s public sector became ever more apparent this week as a maximum redundancy limit was set for civil servants.
Under new government proposals, compulsory redundancies within the sector will be limited to 12 month’s salary as a maximum pay-off, instead of the current six year maximum, and voluntary redundancies will be set at 15 months
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Minimum rudeness equals premium workforce
07 July 2010
Leading psychologists have found that rudeness in the workplace causes increased employee mistakes regardless of the staff targeted
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Fine ‘opens optician’s eyes’ to minimum wage penalties
06 July 2010
A northern optician has been fined more than £3,000 after ignoring government regulations and refusing to pay workers the National Minimum Wage
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Employee’s four letter rant earns five-figure compensation
06 July 2010
A former machine operator has been awarded more than £10,000 in unfair dismissal compensation after being sacked for swearing at his foreman
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UK businesses ‘ill-equipped for recession fallout’
06 July 2010
Executives from some of Britain’s leading companies believe their businesses lack the right skills and experience to survive the current financial climate
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Public death brings director fines
06 July 2010
A British company and its directors have been fined almost £75,000 after a member of the public died on an unsupervised building site
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Equality Act given October green light
05 July 2010
Despite ongoing suspicions the Equality Act legislation will be introduced in October as planned, the Government Equalities Office (GEO) has confirmed
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Workplace bullying increases ill health, report suggests
05 July 2010
Employees who regularly undergo bullying from colleagues and employers often display signs of psychological ill health in the future, a new academic study has revealed
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Banker sues over maternity discrimination
02 July 2010
A female Vice President of collapsed global investment bank Lehman Brothers is suing her former employers after being made redundant one month into her maternity leave
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Care home employers warned over ‘sleep-in’ salaries
01 July 2010
Employers running residential care homes and other similar establishments have been warned about the underpaying of staff through ‘sleep-in’ shifts
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Employers landed with health care bills under immigration changes
29 June 2010
Under new government proposals, firms employing non-EU migrants could be expected to pay for their private health insurance
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Five-star cleaners win minimum wage compensation
28 June 2010
Thirteen minimum wage cleaners working at some of London’s five-star hotels have been awarded back pay and damages after successfully challenging their employer’s gross underpayments
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Non-EU immigration cap announced
28 June 2010
A temporary limit on the number of non-EU migrants allowed to live and work in the UK has been announced by the government following consultations with British businesses
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Employers inundated with fraudulent qualifications
25 June 2010
Two-thirds of the country’s employers have interviewed prospective employees with misrepresentative CVs, according to new research
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Severance victory for NHS ‘bug boss’
24 June 2010
A former boss who was “demonised” after 90 people died from a fatal outbreak at her NHS trust has been awarded more than £190,000 in damages following legal battles over severance pay
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Depressed workers compensated by EAT ruling
22 June 2010
Depression sufferers who claim disability discrimination should no longer be assessed by strict medical diagnosis but by the effect their depression has on everyday employment, the Employment Appeal Tribunal (EAT) has ruled
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Staff must ‘be on time’ following tough recession
18 June 2010
With Britain’s commercial industries still reeling after a universally painful recession, new research has revealed employers are keeping a closer eye on employees’ time keeping
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Self-employed drivers to be governed by Working Time Directive
18 June 2010
In a blow to entrepreneurship, the European Parliament has thrown out European Commission plans to exempt self-employed drivers from the 2002 Working Time Directive
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Top jobs for minorities ‘still hampered by racism’
17 June 2010
“Blatant and shocking racism” is still evident throughout the workplace and is stopping qualified ethnic minority employees from achieving the country’s top jobs, according to a new report
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HR Watch Issue 66 - Stages of Recruitment - Disabled Employees
01 June 2010
Avid readers of HR Watch will know that we considered last month what should and should not be included in the advert placed to recruit your new member of staff. You’ve received a set of CVs – what do you need to do next to avoid falling foul of the law?
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Firefighter secures discrimination settlement
12 May 2010
A female firefighter who claims she endured years of abuse after being “singled out and isolated” has landed an out-of-court settlement just two days into her tribunal hearing
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Tribunal rules over redundancy consultation
12 May 2010
A major university has been ordered to pay 60 day’s salary to dozens of staff whose contracts were terminated without proper consultation
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Businesses increase whistleblower support
12 May 2010
More than half of the UK’s businesses now have measures in place which allow whistleblowing employees to report fraud and other suspect activities, new research has revealed
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HR Watch Issue 65 - Job adverts –what to say
01 May 2010
It’s a very straight forward scenario. A new post becomes available, and an advert needs to be placed to
find the new recruit to fill the position. However canny readers of HR Watch will already be aware, that
placing a job advert in the local newspaper, trade press, or even internally on the intranet needs some
careful consideration of the potential legal pitfalls involved.
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HR Watch Issue 64 - Important new changes
01 April 2010
April heralds new legislative changes for anyone employing staff. We highlight the most important of these changes for readers of HR watch.
New right to request time off for training. Businesses with more than 250 staff now need to cope with a new right for employees to be able to request time off for training. This right will be extended to all businesses as from 6 April 2011.
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The Agency Workers Regulations 2010
18 March 2010
At present, temporary and agency workers do not enjoy the same employment rights as directly employed members of staff. However, the EC Temporary Agency Workers Directive (No.2008/104) is due to come into force in the UK on 1 October 2011 and will make substantial changes to businesses because after 12 weeks of employment, temporary and agency workers will have equal rights to permanent staff.
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HR Watch - Issue 63 - Discrimination - Avoiding Liability for the Actions of Employees
01 March 2010
In many areas of law, employers may be held liable for the wrongful actions of their agents and employees.
This is what is known as ‘vicarious liability’ in law. If an employee does something “in the course of his or her employment”, the employer may, in certain circumstances, be liable for those actions. Discrimination law is no exception.
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HR Watch - Issue 62 - Fit Notes
01 February 2010
The Social Security (Medical Evidence) and the Statutory Sick Pay (Medical Evidence) (Amendment) Regulations 2010 (the “Regulations” for short) are intended to come into force from April 2010.