Archive for November, 2010

Banking on the big day off?

November 26, 2010

The announcement that Prince William and Kate Middleton’s wedding is to be marked by an extra Bank Holiday on 29 April 2011 will be great news for many people – but it is likely to leave some employers confused about their position.

This article first appeared on the People Management website.

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A risky compromise?

November 26, 2010

A drafting problem in the Equality Act 2010 means that there is a risk that it is not possible to validly settle claims under the Act using a Compromise Agreement. The Equality Act came into force on 1 October 2010 and applies to any discrimination claims arising since 1 October, or to ongoing issues that started before that, provided that they have continued beyond that date. Read more

The ACAS Code – a wider remit?

November 26, 2010

The ACAS Code of Practice was designed to “help employers, employees and their representatives deal with disciplinary and grievance situations in the workplace”. Redundancy dismissals and non-renewal of fixed-term contracts are expressly excluded from the ACAS Code of Practice. However, there is no mention of dismissals for ‘some other substantial reason’. Read more

Make it clear – or pay the price

November 26, 2010

In a recent case, Celebi v Scolarest Compass Group, the Employment Appeal Tribunal (EAT) illustrated how important it was for employers undertaking disciplinary investigations and hearings to make it clear to the employee exactly what they are being accused of. Read more

TUPE and changes of service provider

November 26, 2010

During the late 1980s and early 1990s it became clear that when there was a change in the provider of a service, that change may well be governed by the Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE). This meant that when for example local authorities outsourced their refuse collection services, TUPE applied. When TUPE was revised and became TUPE 2006, service provision changes were expressly included in the legislation. The Conservative party stated in April 2010, before the election, that they would seek to rein in these provisions, but the coalition government have now stated that they have no intention of changing TUPE. Read more