Pre-employment health questions – an FAQ
Last October the Government brought into force most provisions of the Equality Act 2010 (EqA). One of the more controversial aspects of this new law is turning out to be the prohibition on pre-employment health questions. The law is potentially a minefield and the Act itself is less than helpful, not even specifying what amounts […]
Paternity leave – can the government achieve family utopia?
Can the Government really achieve Utopia? Can there ever be a work life/balance for both men and women. That is what the Government hopes to achieve with expanding on the new Additional Paternity Leave provision. The current lawEligible employees as of 6 April 2003 are entitled to take either one whole week or two consecutive […]
Bribery act hesitation could lead to export blacklist for UK
UK companies face ending up on an international export blacklist as a result of coalition government moves to water down the Bribery Act, an international anti-corruption watchdog has warned. Mark Pieth, chairman of the Organisation for Economic Co-operation and Development’s (OECD) 36-member anti-bribery group, issued the warning after Ken Clarke, the justice secretary, said yesterday […]
Businesses to be fined when losing employment tribunal
Business groups have reacted with shock to coalition government proposals to fine employers up to £5,000 if they lose an employment tribunal case. The plans, which are buried in a government consultation paper that is intended to shake up the tribunal system, would result in employers having to pay the Exchequer half the amount of […]
Ask the expert: a TUPE puzzle
The experts, Adam Partington and Esther Smith advise on a TUPE puzzle… The question: TUPE puzzle A well known bank recently closed down the Independent Agency Network – staff are employed by an Independent Agent who has a contract with the Bank to run local agencies for them. It was decided by the bank […]
Nine million will not receive a full state pension
Her Majesty’s Revenue & Customs has denied trying to shift the blame to employers for a National Insurance blunder that could mean millions of people are not entitled to a full state pension. The entitlement problem came to light after an All Party Parliamentary Taxation Group found that about 9.3 million NI payments made […]
Gray to sue over sexism sacking
Former Sky Sports presenter Andy Gray is set to sue the broadcaster for £3 million in an unfair dismissal lawsuit after losing his job following a sexism row with fellow presenter Richard Keys. The football pundit was sacked on Tuesday after leaked videos showed him making sexist comments and actions. But he has now […]
Paternity leave: A practical guide
The Government has confirmed that the rules concerning “shared” maternity leave will come into force, supplementing a father’s existing right to two weeks paternity leave. The two separate rights are “Paternity Leave” and “Additional Paternity Leave”. Paternity Leave: the entitlement In order to qualify for up to two weeks’ paternity leave, the following must apply: […]
Ask the expert: AWOL or Sickness?
This time the experts, Esther Smith and Martin Brewer give their advice on dealing with an employee who appears to be AWOL… The question: AWOL or Sickness? A member of staff has been off sick since beginning of October. The last contact was via a "family friend" in mid November which was followed up with […]
Legal lowdown: Age discrimination at the BBC
Miriam O'Reilly’s successful age discrimination case against the BBC last week sets a benchmark for age discrimination cases going forward, says employment lawyer Emma Bartlett. The BBC’s public apology and acceptance of the Employment Tribunal’s decision and desire to take Ms O’Reilly back is somewhat exceptional. Taking her back could mitigate the BBC’s potential liability […]
Parental leave shake-up “ignores needs of business”
Coalition government proposals to overhaul the current parental leave system have been slammed by employers’ groups as an example of "rushed thinking" that "fundamentally ignores" the needs of business. Speaking yesterday at the launch of a report on parenting by thinktank Demos, Deputy Prime Minister Nick Clegg confirmed that measures formulated by the […]
Ask the expert: Question regarding redundancy
The experts, Adam Partington and Esther Smith advise on what a vauge redundancy conversation means for an employee. The question: Question regarding redundancy I was in a meeting with my manager last week to discuss topic a. During the meeting my manager raised the issue of redundancy and suggested a possible leave date of […]
Video: How will the default retirement age abolition affect you?
With the news that the coalition intends to go ahead with the abolition of the DRA, it's imperative to know how it will affect your business. Employment lawyer at Pinsent Masons, Sarah Banatvala, explains what approach businesses should take once the law is removed.
Companies could ‘report rivals’ to fraud office
The head of the Serious Fraud Office will invite companies to report rivals that they suspect of corrupt practices later this week following a row over controversial coalition government efforts to water down the Bribery Act. According to the Daily Telegraph, Richard Alderman, head of the SFO, which is to be given sweeping powers to […]
Stonewall index highlights most inclusive places to work
Stonewall has named the Home Office as the best place to work for lesbian, gay and bisexual people because of its specifically inclusive policies and efforts to embed equality and diversity into everything it does. The Lloyds Banking Group was ranked second in the gay rights charity’s Top 100 Employers index, while accountancy firm Ernst […]
Employment law takeaways for January
Employment law takeaways: our bitesize legal updates for busy HR professionals, provided by Suzanne Horne of Morrison and Foerster. This month; a Polkey reduction, six years to bring an equal pay claim and the BBC is in trouble… again. Arhin v Enfield Primary Care Trust – Unfairly dismissed employee gets no compensation due to Polkey […]
BBC Tribunal has lessons for whole industry
The entire broadcasting industry needs to look at its diversity practices in the wake of presenter Miriam O’Reilly winning her age discrimination case against the BBC, the corporation has said. O’Reilly, who is aged 53, took the broadcaster to an employment tribunal for age and sex discrimination when she, along with three other female presenters […]
Ask the expert: Work-related anxiety
This time the experts, Esther Smith and Martin Brewer give their advice on dealing with an employee away from work with anxiety and an eating disorder. The question: Work-related anxiety We have a junior member of office based staff currently signed off with “work related anxiety and an eating disorder”. The employee has been away […]
Employment tribunals cost BBC £600k in 2010
The BBC paid out more than £600,000 to deal with employment tribunal claims last year, nearly £400,000 of which went on settlements to aggrieved staff. According to information obtained via a Freedom of Information request, some 33 employees brought cases against the broadcaster in 2010, of which 22 were settled, five withdrawn or dismissed and […]
Europe turns down maternity leave extension
The European parliament has turned town proposals to extend maternity leave from 14 to 20 weeks. The proposals to amend the Pregnant Workers Directive would have allowed new mothers to take 20 weeks maternity leave on full pay. However, ministers said they went “too far” and that the terms were “not a basis for negotiation”, […]