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You lose, you audit - equal pay audits to be implemented

28 June 2012 by Nicola Brown

The Government has confirmed that a proposal to implement equal pay audits will go ahead. The proposal says that where an employer is found in the Employment Tribunal to have discriminated mainly on the grounds of sex in relation to pay, then that employer will be obliged to conduct a pay audit in... read more »

Dramatic changes ahead in employment law?

22 May 2012 by Nicola Brown

As we have previously reported, in 2011 the Prime Minister asked Conservative donor and venture capitalist, Adrian Beecroft, to review existing employment legislation and propose changes.  The Beecroft Report was officially published this week.  This was earlier than planned, following the leak to the media of a draft report, which... read more »

What you REALLY need to know about Seldon

22 May 2012 by Nicola Brown

To read some of the media reports, you might be forgiven for thinking that the Supreme Court’s recent decision in the Seldon case gives employers the go-ahead to force their staff to retire. But as always, the position is far more complicated than the headlines! We take a look at the real story... read more »

Too old to get qualified? The odyssey continues for Mr Homer

22 May 2012 by Nicola Brown

The Supreme Court recently gave judgment on the cases of Seldon and Homer on the same day. In all the reports about the Seldon case, the case of Homer got slightly lost. Admittedly the implications are not quite as wide-ranging as Seldon’s, but it is still an important age discrimination case that... read more »

Lapdancing in the Employment Appeal Tribunal

22 May 2012 by Nicola Brown

Well not literally, of course, but it was the topic for discussion! In a recent case, the Employment Appeal Tribunal (“EAT”) has reversed a decision made by the Employment Tribunal that a dancer working at Stringfellows was not an employee. Only an employee has the ability to bring a claim for unfair dismissal (based... read more »

Dismissal without taking account of menopause symptoms – discriminatory and unfair

22 May 2012 by Nicola Brown

In the case of Merchant v BT plc, the employee alleged that she had been discriminated against on the grounds of her gender when her employer failed to deal with her menopause symptoms in the same way that it would have dealt with other medical conditions. Ms Merchant was underperforming in her role. She... read more »

Q&A - How long should we keep employee information?

21 May 2012 by Nicola Brown

There has recently been a great deal of media coverage about organisations losing data, and as a result we receive many enquiries about data protection and in particular, how long employers should keep employment data and records. The Data Protection Act 1998 itself does not specify any particular retention periods for employment data and... read more »

Award winning Pure Employment Law!

23 April 2012 by Nicola Brown

We hope you will excuse us while we blow our own trumpet for a moment...   We were absolutely delighted to be awarded ‘Best Start Up’ at our local business awards on 30 March. The category was for businesses which have shown “determination, drive and passion to start and grow a successful business.”   Since our... read more »

Employment law changes from April 2012

23 April 2012 by Nicola Brown

As you will know from our previous articles, the time for which an employee needs to be employed in order to bring a claim of unfair dismissal increased to two years for employees who started with their employer on or after 6 April 2012. The increase in the qualification period was not the... read more »

When silence isn't golden

23 April 2012 by Nicola Brown

It is relatively common for an unsuccessful job applicant to ask for feedback from the prospective employer. In that situation the team at Pure Employment Law are often asked whether the organisation has an obligation to reply, or whether it is best to say nothing. Our advice has always been that you don’t have... read more »

Apprentices - new developments

23 April 2012 by Nicola Brown

No, nothing about Alan Sugar’s show, we promise! We recently reported about the impending change in the rules on apprentices – these have now been brought into effect. As you may recall, the Apprenticeships, Skills, Children and Learning Act 2009 states that an apprenticeship agreement entered into under the Act has the status... read more »

Frequently Asked Questions - Employee Monitoring

23 April 2012 by Nicola Brown

Employee monitoring can take place in many ways, such as checking emails and internet sites visited by employees or CCTV coverage of the workplace premises. It can be a difficult area for employers to navigate, because a number of areas of law can come into play, including data protection, human rights and the laws on... read more »

Internal vs external candidates - better the devil you don't know?

23 April 2012 by Nicola Brown

In a recent case, Samsung Electronics v Monte-D’Cruz, the Employment Appeal Tribunal (EAT) looked at the fairness of an employer recruiting external candidates to fill vacancies in preference to redeploying existing employees whose positions had been made redundant. In this case the company was undergoing a restructure.  As a result, a number of... read more »

TUPE and franchises - is there an ETO reason?

23 April 2012 by Nicola Brown

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) specifies that any dismissal of an employee before or after a relevant transfer will be automatically unfair where the sole or principal reason for the dismissal is either: the transfer itself; or a reason connected with the transfer that is not an economic, technical or... read more »

Effective Date of Termination - one rule for employers, another rule for employees

23 April 2012 by Nicola Brown

There can sometimes be a dispute about exactly when an employee’s employment actually ended (the effective date of termination). This applies particularly when notice is given by methods such as post and email, because generally speaking, notice can only be effective when it is received by the other party.   You may recall that read more »

Q&A – Sabbaticals and Career Breaks

23 April 2012 by Nicola Brown

One of our long-standing employees has asked if he could take an unpaid career break/sabbatical of one year to enable him to do some travelling and volunteering. As he is a valued member of staff and someone we do not want to lose in the long term, his manager has said that he... read more »

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