Employment and HR
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Whilst the Internet, tweeting, blogging and the like have revolutionised the way we communicate with one another, some estimates report that misuse of social networking tools by employees at work costs the British economy billions of pounds a year and...
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As a result of recent changes in the law, the last date on which an employer could lawfully notify an employee of a retirement dismissal using the statutory Default Retirement Age (DRA) provisions laid down by the Employment Equality (Age) Regulations 2006 ...
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It is indirect discrimination for an employer to apply a provision, criterion or practice that is, on the face of it, age neutral but which puts people in a particular age group at a disadvantage, unless it can be shown to be a proportionate means of...
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Employers should be aware of the potentially serious financial consequences of failing to consult when making collective redundancies. If an employer is proposing to make redundant 20 or more employees at one establishment within a period of 90 days or...
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A recent case before the Employment Appeal Tribunal (EAT) dealt with a situation that is quite common in the construction industry, whereby problems encountered on site require adjustments to the working and staffing arrangements in order to adapt to the...
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From 1st February 2011 compensation limits will increase as follows: Maximum compensatory award for unfair dismissal will increase to £68,400 from £65,300 Maximum amount of “a week’s pay” will increase to...
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As a general rule, ‘out of court settlements’ of employment disputes are not legally binding in that they cannot exclude an employee's right to take the matter concerned to an Employment Tribunal (ET). A formal compromise agreement is one of the...
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A compromise agreement is an agreement made between an employer and an employee who is having their contract of employment terminated. It sets out the terms under which the termination will take place and contains a provision that the employee will receive a...
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Costs orders are the exception, rather than the rule, in Employment Tribunal (ET) proceedings. However, where a claimant acts unreasonably in pursuing a claim, the ET can make a costs award in favour of the other party. In Dunedin Canmore Housing...
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The Court of Appeal has ruled that an employee who suffered a loss as a result of findings of personal and professional misconduct made against him in disciplinary proceedings that were conducted in breach of his employment contract, which would not...
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Employee absences can be both costly and disruptive. It is advisable to have systems in place to measure and analyse these costs so that you can identify problem areas. Are there patterns of absence? Does a particular department have a below average record?...
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Disgruntled News of the World employees who were left both jobless and reputations scarred could have reasonable ground for compensation, Alan Kennedy states. In June 2007 the House of Lords upheld, in principle, the right to award compensation to...
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The bookmakers odds on the dream being a reality are likely to be pretty low now, probably exactly the same as the odds of disruption to your business, as the recent adverse weather conditions has brought organisations around South Yorkshire to a...
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Research findings from Medscreen, based on drug testing carried out over the last ten years across a variety of professions, reveal that there has been a 3,000 per cent increase in the number of workers testing positive for cocaine. More than five per cent...
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The easy and cost effective way to remove the burden of employment legislation from your business. Not a call centre. With increasingly complex and costly employment legislation directly effecting the profitability of many businesses, it could be...
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The Bribery Act 2010 came into force on 1 July 2011. It created a new offence which can be committed by a commercial organisation if it fails to prevent persons associated with it from committing bribery on its behalf. A business can provide a defence by...
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According to research by the Risk Advisory Group, more than half of CVs submitted by job applicants contain lies or inaccuracies. These range from gaps in employment history to false claims regarding qualifications and failure to mention fraud committed...
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Local Governement Secretary, Eric Pickles, is expected to announce major reforms to council tax in an effort to help 'middle England.' Currently those who house relatives in an annex face two separate council tax bills, thanks to tax inspectors...
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A landmark ruling has put fox hunting views on the same legal footing as religion, saying that an animal rights campaigner's opionions amount to philosophical beliefs. Click here for a full report in The Telegraph For help or advice on discrimination or...
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It’s that time of year again. Love them or hate them, the invitations to office Christmas parties will be arriving soon if they haven’t already. For employers, parties pose a particular threat. Here are some tips on making sure your...
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In order to try to cut red tape, Vince Cable has announced a three-year moratorium on all new domestic rules for firms with fewer than 10 staff. Alan Kennedy, employment solicitor at Wosskow Brown says "The government's intention here...
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More and more workers are spending a large part of their day looking at a computer screen. The Health and Safety (Display Screen Equipment) Regulations 1992 specifically deal with the health and safety issues associated with working with VDUs. The Health...
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The Health and Safety Offences Act 2008 received Royal Assent on 16 October 2008 and came into force on 1 January 2009. It amends Section 33 of the Health and Safety at Work etc Act 1974 and has increased penalties for breaches of health and safety...
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This year will see a record number of employment claims brought against employers according to recent figures published by Her Majesty's Court Service. Staying on top of legislation and resolving grievances effectively is key to staying out of the...
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Hardly a day goes by without there being some mention of illegal immigration in the news. The number of people discovered working here unlawfully has risen sharply in recent years. There has been much talk of the possible introduction of a national identity...
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A leaked Government report suggests we may soon see a relaxation on increasingly stubborn employment legislation. The report calls for unproductive workers to lose their right to unfair dismissal - arguing sacking ‘lazy’ workers would...
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Dealing with stress in the workplace is a difficult issue for employers. As well as specific duties under health and safety legislation, employers owe their employees a common law duty to take reasonable care to safeguard their health and safety and this...
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The Court of Appeal has overturned the decision of the Employment Appeal Tribunal (EAT) in Alemo-Herron and others v Parkwood Leisure Ltd. Parkwood Leisure Ltd. had taken over a company that acquired employees of the London Borough of Lewisham’s...
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The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) apply to any size of business and protect the employment rights of employees when their employer changes as a result of a relevant transfer. This occurs when there is a...
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The Corporate Manslaughter and Corporate Homicide Act 2007 established a new statutory offence of corporate manslaughter (corporate culpable homicide in Scotland). An organisation is guilty of the offence if the way in which it manages or organises its...
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The Equality Act 2010 has replaced nine major pieces of discrimination legislation and other ancillary measures that have been introduced over the last forty years. The core provisions of the Act came into force on 1 October 2010. As well as harmonising...
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Social networking is here to stay – we all know that. The growth of networks such as Facebook, Myspace, Twitter and Linked In has been phenomenal, but the headache it is causing to businesses all over the country is even bigger. Should staff be able to...
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Judges and Magistrates have raised concerns against plans on heavier sentencing for re-offending criminals. MPs will vote next week on legislative amendments, penned to impose mandatory sentences. If new legislation passes, offenders convicted twice...
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Workplace bullying is not only unpleasant and demotivating but it is also claimed to cost British business £14 billion annually. Surprisingly, there is no specific law relating to workplace bullying, although some forms of offensive behaviour would...
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Long established Sheffield Solicitors, Wosskow Brown, launched its new series of business events with a breakfast seminar at Ice Sheffield on 26th January. The event, an update of recent and up-coming changes in employment legislation and regulations was led...
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A contract of employment may be verbal but all employees, whether part-time or full-time, are entitled by law to be given a written statement setting out the main particulars of their employment, provided their employment lasts for one month or more. All the...