An analysis of the latest TUPE amendments
TUPE has been a thorn in the side of businesses and lawyers for over 30 years, and there has been on going consultation by the Government in relation to the current TUPE regulations, almost since their implementation in 2006. This is despite the fact that they were implemented with the intention of remedying some of […]
Holiday pay suddenly becomes more expensive for employers
Holidays used to be simple for employers – you waved goodbye to your staff for two weeks in August and one at Christmas. No longer. In recent years, a series of cases in the Employment Tribunals and the European courts have made holiday pay increasingly complex and expensive for employers. The recent Employment Tribunal decision […]
Universities twice as likely as other employers to use zero-hours contracts
Universities and colleges are more than twice as likely to use zero-hour contracts than other employers, according to freedom of information requests. Over half of the 145 UK universities and two-thirds of the 275 further education colleges that responded to the requests said they made use of the contracts. The information was collated by the […]
People on zero hours contracts are ‘paid less than others’
Workers on zero hours contracts are paid six pounds an hour less than other workers (£9 compared to £15), according to research from living standards charity The Resolution Foundation. Those employed on zero hours contracts are expected to be available when the employer needs them (legally they can turn down shifts), although no working hours […]
Toal v GB Oil – EAT rules employers cannot interfere with choice of companion at hearings
A recent EAT decision has now effectively determined that a paragraph of the Acas Code of Practice on Disciplinary and Grievance procedures is wrong. As a result managers have very little scope to interfere with an employee or worker's choice of companion at disciplinary or grievance hearings (since the right applies to the broader category […]
Zero hours contracts – where are we now?
There is no statutory or other official definition of a zero-hours contract. Frequently it is a term applied to casual or bank workers who may be called on when needed and where there is no obligation to provide or accept work. Such workers are entitled to national minimum wage for hours worked, and the appropriate […]
Making the case for ‘disabled-confident’ businesses
In July the Government launched a two year campaign to identify and tackle the challenges facing disabled workers across the UK by making businesses more 'disabled-confident'. But in order to bring this campaign to life, there is a huge job to be done in educating businesses about the benefits in creating more inclusive workforces. There […]
Why did the Knicker Queen give up her throne…?
This article was written by Sofia Syed, employment solicitor at Mundays LLP. The UK’s so-called knicker queen Janie Schaffer has been in the news this week for taking legal action against her former employer Marks & Spencer for over £1 million in compensation after quitting her job after just three months. Janie, who launched lingerie chain Knickerbox, […]
Legal advice: the need for collective consultation when making redundancies
This article was written by Christopher Graham, Head of Employment at Watson Burton LLP. Background Woolworths may have disappeared from the high street but in a surprising development, the Employment Appeal Tribunal (EAT) has held that the duty to consult with a Trade Union of Employee Representatives applies whenever an employer is proposing more than 20 redundancies, […]
Invisible glass ceiling – the hidden side of gender discrimination
This article was written by Tara Daynes, director of HR consultancy Tara Daynes HR. “She’ll never be a senior manager, because she’ll always put her children before the business.” These words said to me once about a very competent, long-serving middle manager who was also a single mum, but incredibly, they were spoken by a […]
News: Pay gap influenced by low applications, says research
Women are underrepresented in high-paying jobs because they don’t apply for them, according to new research. Workplace discrimination at the point of hiring is a factor but many women choose not to apply for higher-paying positions because of ‘preconceived notions’ of job roles. This research came from Professor Roxana Barbulescu of the Desautels Faculty of […]
News: business perceptions of employment law differ from reality
Business perceptions of the impact of employment law are at odds with the reality, according to a new government-commissioned study published by Employment Relations Minister Jo Swinson. The study, Employer Perceptions and Impact of Employment Regulation, said that businesses viewing employment law as “burdensome” were often expressing a lack of understanding. In the case of […]
Legal commentary: what extension of parental leave means for HR
HR professionals will be more than familiar with the complex array of legal rights enjoyed by working parents – dealing with maternity leave and flexible working requests can consume huge amounts of time. However, parental leave tends to be something of an afterthought – take –up rates are low and employee awareness of the right […]
TUPE reform: Building bridges or creating hurdles?
As part of its “Red Tape Challenge”, in September 2012, the Coalition Government published the response to their call for views on the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”). At first glance, the response was distinctly unimpressive. It identified concerns expressed by employers and business groups, before stating that there were […]
Ask the Expert: what is harassment and victimisation based on religious belief?
Question: “Can anyone tell me what’s happened to the f***ing Pope?” is shouted twice across a busy newspaper editorial office by an undoubtedly stressed editor trying to hurry a story up about the Pope, at the time of his 2010 visit to the UK. The story, in the vernacular of the paper, is referred to as […]
Acas seeks views on flexible working for Code of Practice
Acas is seeking input from employers and workers for its draft Code of Practice on the new extended rights for flexible working. The Government announced changes to flexible working rules in November 2012. A key change is that the requirement to be a parent or carer to apply for flexible working will no […]
Legal Commentary: contract termination – it’s not cricket! (part 2)
In part one of this two part article, Andrew Yule, Assistant Solicitor at Withers LLP looked at the background to and lessons learned from the Supreme Court’s decision in Société Générale, London Branch v Geys. In this concluding part, he offers some practical advice on ways to avoid such situations arising. Let’s say your employer has told you […]
Legal Commentary: contract termination – it’s not cricket! (part 1)
The rules of cricket are notoriously complex. As a child, I had a humorous tea-towel – "The Rules of Cricket Explained to a Foreigner" – which included the following line: "Each man that’s in the side that’s in goes out, and when he’s out he comes in and the next man goes in until he’s […]
How to steer clear of office conflicts
As children, most of us would have been encouraged to ‘play well with others,’ but in later life, this advice doesn’t always govern behaviour in the workplace. It’s just a fact of business life that misunderstandings occur and personalities can clash. Even if you’re more of a peacemaker than a trouble-maker, you could find yourself […]
Ask the expert: Adjusting an offer letter to reflect a change in Ts & Cs
Question One of the members of staff that I manage is currently on a three day a week permanent contract (in the form of an offer letter). We have found the resources to increase this by an extra two days a week, but only for a time limited period (one year) and related to […]
