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Extra Jubilee Bank Holiday – cause for celebration?

20 March 2012 by Nicola Brown

We are all getting used to the idea of extra bank holidays – 29 April was an extra one last year, for the Royal Wedding, and this year there will be an extra one to celebrate the Queen’s Diamond Jubilee, which will be on 5 June. The usual late May Bank Holiday is... read more »

Weaker law for employees of small firms?

20 March 2012 by Nicola Brown

As part of its review of employment law, the Government has issued a Call for Evidence on the introduction of the concept that small employers will have the right to dismiss employees without cause, provided they make a statutory payment to the employee.  It is suggested that this might be the equivalent... read more »

Crime and suspension - an employer’s tale of knee jerk reactions

20 March 2012 by Nicola Brown

The Court of Appeal recently considered the case of Crawford and another v Suffolk Mental Health Partnership NHS Trust. This was an appeal by the Trust from a successful claim for unfair dismissal by two nurses. The two nurses had been dismissed following an incident where they attempted to restrain a patient in... read more »

Can a redundancy pool of one be fair?

20 March 2012 by Nicola Brown

An area employers often find particularly difficult when dealing with redundancy situations is the question of which employees should go into the pool for selection. If there are employees whose jobs are sufficiently similar, then they should be put in a pool for selection, and objective criteria should be applied in order to determine... read more »

Holidays and Sickness - the latest news

20 March 2012 by Nicola Brown

We have written previously about the rights of employees to accrue holidays when they are off work sick, and the issues around this (see for example here). The courts have however been inconsistent in their interpretation of the law and how it applies to people who become ill whilst on holiday,... read more »

Location, Location, Location – TUPE and changing the place of work

20 March 2012 by Nicola Brown

Under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) outsourcing a service or part of a service can constitute a TUPE transfer. This is called ‘a service provision change’.  Where such a transfer takes place, if an employee’s working conditions are changed to their material detriment then the employee may be... read more »

Whistleblowing and the Law

20 March 2012 by Nicola Brown

Employers should want whistleblowers in their businesses. Some may consider this statement to be controversial because the term ‘whistleblowing’ attracts some negative press. However, there are few employers who would not want their employees or workers to tell them about important, and potentially damaging, practices or matters of concern going on in their... read more »

Smoking and Employment

20 March 2012 by Nicola Brown

Smoking in enclosed or substantially enclosed public places and workplaces in England has been prohibited since July 2007. Although you might think this would 'stub out' many of the issues relating to smoking employees, employers still frequently ask for our advice about problems relating to smoking, so we thought it would be helpful... read more »

Employment Law Update seminar

20 March 2012 by Nicola Brown

Join the solicitors at Pure Employment Law for our free seminar to bring you right up to date. We will take a practical look at recent developments and how these affect employers. We'll also examine forthcoming changes - there's no shortage of topics to cover at the moment! In particular we will focus on: read more »

Presentation to Chichester Business Breakfast

6 March 2012 by Nicola Brown

Peter Stevens will be presenting at the Chichester Business Breakfast on 14 March. The topic will be the increase in the qualifying period for unfair dismissal from one year to two (coming into effect on 6 April 2012) and the implications of this. We have now been informed that the breakfast is *sold out*... read more »

It Takes Two - increasing the qualifying period for unfair dismissal

28 February 2012 by Nicola Brown

As we have previously reported, the qualification period for employees to claim unfair dismissal will rise to 2 years from 6 April 2012.  This change will also apply to the right for an employee who has been dismissed to request written reasons for dismissal from their former employer. Strictly speaking this right will accrue... read more »

More Tribunal changes

28 February 2012 by Nicola Brown

As part of the Government’s measures to reform the Employment Tribunal system, regulations have now been laid before Parliament and will come into force in April 2012. These include an increase to the figure the Employment Tribunal can impose by way of costs – from £10,000 to £20,000 – and also by way of... read more »

Vicarious liability - what could you be held responsible for?

28 February 2012 by Nicola Brown

Vicarious liability is a legal term which deals with the situation where someone is held responsible for someone else’s actions. Generally, an employer will be liable for the acts of its employees, provided those acts are done in the course of their employment.  The key question in determining whether there is liability or... read more »

Overtime or opting out?

28 February 2012 by Nicola Brown

As you are probably aware, the Working Time Regulations 1998 (WTR) implemented the European Working Time Directive. The Directive set a limit of an average of 48 hours worked for each seven days of work over a reference period. In the WTR the reference period is 17 weeks. The WTR allows employers to... read more »

You're (not) fired! Apprentices have greater protection than employees - for now

28 February 2012 by Nicola Brown

With so many people currently unemployed, the Government are very keen to encourage businesses to take on apprentices. However, many employers are unaware that apprentices currently have significantly greater protection than employees, and it does not require a qualifying period. This is because apprenticeships are considered different from employment contracts in law – their... read more »

Balancing the scales - employee or self employed?

28 February 2012 by Nicola Brown

In a recent tax case it was decided that Weight Watchers (UK) Limited were liable to pay income tax and national insurance contributions in relation to their ‘Leaders’ who arranged and conducted meetings for members and had prior to this decision, been considered by Weight Watchers as independent contractors.  The decision delves into the... read more »

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