A leading construction union has accused the government of complacency about workplace safety which is putting employees' lives at risk. Ucatt warned that the government's failure to toughen up company directors' responsibilities for health and safet
More...03 July 2008 10:47 The government White Paper on the Equality Bill was published on 26 June 2008. And although it doesn't go as far as some employers had originally feared, the clear message is that the government is committed to working to achieve equality in the workpla
More...02 July 2008 16:07 New guidance for organisations about whistle-blowing arrangments has been released to coincide with the 10th anniversary of the Public Interest Disclosure Act. Standards body BSI has published a new code of practice in association with whistle-bl
More...02 July 2008 00:01 MPs have rejected claims that spending £35m to reduce the burden of regulation on employers could yield a 50-fold return. A House of Commons Public Accounts Committee (PAC) report states that the figures were based on unreliable estimates. In 2005,
More...01 July 2008 11:04 Encouraging or forcing workers to opt out from a workplace pension scheme will become unlawful under proposed changes to the Pensions Bill. Pensions reform minister Mike O'Brien said an amendment to the current Bill would stop employers from o
More...24 June 2008 14:40 What can employers do if they think staff's behaviour outside work oversteps the mark? The ninth series of the TV reality show Big Brother yet again raises questions about employees' duty to uphold their employers' reputations outside work. There i
More...20 June 2008 00:00 I'm an HR manager at a food processing company that also owns some fruit farms. We use lots of labour supplied by gangmasters. How can I be sure they're operating within the relevant laws and how can I safeguard my company's position in case they aren't
More...18 June 2008 00:49 The High Court today ruled to support National Minimum Wage legislation on tips, siding with HM Revenue & Customs (HMRC) against Annabel's club/restaurant.
The ruling means employers are required to pay staff at least the minimum wage regardless
More...16 June 2008 16:06 The Acas Code of Practice states that employees should not normally be dismissed for their first misconduct offence, and should be given a chance to improve, using a written warning. Acas advises that a warning should last for a set period, after which
More...16 June 2008 11:47Ross Wigham finds out what the right to award qualifications means to McDonald's.
More...16 June 2008 00:16Employment law specialists are largely in the dark about the changes the government has made to the Sex Discrimination Act. Here's what the diversity experts have to say.
More...16 June 2008 00:07 Ms Coleman, who cared for her severely disabled son, brought a claim against her former employers alleging that she had been treated less favourably because of his disability. She complained that her former employers refused to allow her to return t
More...15 June 2008 12:08 The European Parliament has adopted a five-year strategy to reduce accidents at work by 25%. It is estimated that one worker dies in a work-related accident in the EU every three-and-a-half minutes.
To raise awareness of the issue the strategy prov
More...15 June 2008 00:00 Changes to the Sex Discrimination Act will affect pension contributions during maternity leave. Changes to the Sex Discrimination Act 1975 (SDA), which came into effect on 6 April 2008, requires employers to continue paying pension benefits for emp
More...11 June 2008 00:00 Home secretary Jacqui Smith's decision to stage the latest police pay rise was lawful, the High Court ruled today.
The Police Federation, which represents rank-and-file officers, took Smith to court in February after she ignored an independent arbit
More...10 June 2008 11:50 Commission for Healthcare Audit and Inspection v Ward
FACTS The claimant, Ms S Ward, had been employed by the Commission for Healthcare Audit and Inspection (CHAS) and its predecessor since February 2001. Following a second restructuring exerc
More...10 June 2008 00:00 Q What is a casual worker? A The phrase 'casual worker' is often used to describe workers who are not part of the permanent workforce, but who supply services on an irregular or flexible basis, often to meet a fluctuating demand for work. Their leg
More...10 June 2008 00:00 When companies go bust, is there anything that HR departments can do to ease the pain? My first job was making books at a factory in Frome. Twenty years on, the BBC reports that the very firm, Butler and Tanner, is "history" and that nearly 287 staf
More...09 June 2008 00:00 Business secretary John Hutton's recent announcement that to introduce more employment legislation would be like "using a sledgehammer to miss a nut" has angered unions but has been largely welcomed by big business. Celebrating the 10th annive
More...09 June 2008 00:00 A landmark challenge to scrap the compulsory retirement age for employees will now be heard in less than a month, it has emerged.
Charity Heyday, part of Age Concern, will dispute the legal retirement age of 65 at the European Court of Justice (ECJ)
More...03 June 2008 15:14 The Employment Appeal Tribunal (EAT) has ruled in favour of the City lawyer whose discrimination and bullying claim is worth £19m - the largest amount on record. Gill Switalski quit her £140,000-a-year job as head of legal affairs last September fo
More...27 May 2008 10:30 Agency workers could gain equal rights to permanent staff at an even earlier stage than the 12-week watershed agreed last week, a senior official has warned. The government reached an agreement with the CBI and the TUC last week which would see tem
More...27 May 2008 00:01 Earlier this month, I used this column to accuse Gordon Brown of dithering over what to do about the rights of agency workers. Well, I send my apologies to the embattled prime minister: despite a rogue Bill making its merry way through Parliame
More...27 May 2008 00:01 Enfield Technical Services Ltd v Payne and BF Components Ltd v Grace Facts Mr Payne worked for Enfield Technical Services as, at his request, a self-employed sub-contractor. He worked exclusively for Enfield but received no sick or holid
More...27 May 2008 00:00 Earlier this year the Office for National Statistics released figures that showed 95,000 more people over the age of 50 were in work than in the last quarter of 2007.
But what does this increase of older people in the workplace mean for employers?
More...23 May 2008 17:59 Most employers know their key legal obligations - from duty of care to staff to dismissal procedures.
But it's easy to get caught out. Richard Kenyon and Louise Fernandes list 10 hazards to steer well clear of.
1. Providing particulars
Eve
More...22 May 2008 16:09 The Temporary and Agency Workers (Equal Treatment) Bill proposed by Labour MP Andrew Miller has been withdrawn following an announcement in Parliament. The death of the Bill was inevitable following the announcement earlier this week that employe
More...22 May 2008 14:47 Home secretary Jacqui Smith has attempted to defuse the police pay row by offering changes to the service's pension scheme. Officers will now get higher lump sums on retiring, although this will mean lower pension payments over the long term. If an o
More...21 May 2008 15:21 The Workers Registration Scheme (WRS) should be scrapped, according to an alliance of employers, unions and migrant groups. The TUC, the Association of Labour Providers, the National Farmers Union (NFU) and the Federation of Poles in Great Brit
More...21 May 2008 11:06 A landmark deal on the rights of agency workers has been agreed between the government, employers and trade unions.
Temporary and agency workers in the UK will receive equal treatment after 12 weeks employment. They will be entitled to the same pay
More...20 May 2008 12:40 Imelda Walsh has moved to calm employer fears that new flexible working laws will lead to a rapid rise in employment tribunal claims.
The Sainsbury's HR director sent shock waves through organisations last week when her government-commissioned flex
More...19 May 2008 00:01 The case of top City lawyer Gill Switalski, who won a record £13.4m in compensation for sex discrimination...
More...16 May 2008 00:00 What action can an employer legally take when a dispute escalates into industrial action?
There is no right to strike under English law, but you wouldn't know it judging by the number of industrial actions over the past few months. Schools have bee
More...16 May 2008 00:00 Impact v Ministry for Agriculture and Food (Ireland) and others A European Court of Justice (ECJ) decision has made it easier to enforce directly effective EU law against public sector employers where national legislation has been overdue. Facts
More...16 May 2008 00:00 Many previous cases have considered the effect of post-transfer changes to an employee's terms and conditions, and in particular the issue of enforcement where the new terms and conditions were to the employee's overall benefit. In this case the Cou
More...15 May 2008 00:59 Miss Eweida claimed that British Airways (BA) refusal to let her wear a small cross with her uniform was religious discrimination. Although the case caused BA much negative publicity, the tribunal actually dismissed the claim.
BA's uniform policy w
More...15 May 2008 00:51 EAT In two recent cases the EAT considered how employers should conduct themselves when faced with the question of whether to dismiss employees suffering from ill-health. First West Yorkshire Limited t/a First Leeds v Haigh "Capability" is o
More...15 May 2008 00:00 The UK has a patchy track record in its deployment of migrant workers. Incidents such as the accident on a London building site in 2005, when Polish worker Pawel Szczotka was permanently disabled after a two-ton concrete slab fell on him, serve to illus
More...15 May 2008 00:00 Gordon Brown used the draft Queen's Speech to announce a new right to request time off work for training. Revealing his plans for the next parliament, Brown said every adult should have the right "to make the most of their potential". He sai
More...14 May 2008 14:00 A major shake-up of discrimination laws is expected to be announced in Gordon Brown's draft Queen's Speech today.
Brown will outline the long-awaited Single Equality Bill, on a list of measures to be introduced during the 2008/9 Parliamentary sess
More...14 May 2008 09:10 A prison officer has been awarded £43,875 in damages after she was victimised by colleagues for appearing as a witness in a high-profile whistleblowing case. Emma Howie claimed fellow officers turned on her after she gave evidence at a disciplinary h
More...13 May 2008 11:10 Just what is the government's position on increasing workplace rights for temps and agency workers? Ministers will insist that the government is committed to finding a solution at European level through the Agency Workers Directive. But with negotia
More...12 May 2008 10:00 One of my team leaders has told me that she has been trying to have a baby for several years, and that her doctor has now recommended IVF. She will require three days off a month to have the treatment. She has also asked me what her maternity rights wou
More...12 May 2008 10:00 The spate of new guidance from the Pensions Regulator and its extra powers to protect people whose company pension scheme is involved in a buy-out have been more of a downpour than an April shower. The Pensions Regulator will gain additional powers to
More...12 May 2008 10:00 Lobbyists have hit back at a report by the TUC-backed Commission on Vulnerable Employment, saying employers shouldn't be punished by tougher laws just because of actions by "rogue organisations".
The Hard Work, Hidden Lives report published last
More...12 May 2008 07:26 Fresh claims that agency workers should be given equal treatment within the first few weeks have emerged after a report found the average length of time such workers stay in their jobs is less than five months. The report, Agency Working in the UK:
More...07 May 2008 11:03 Business leaders this morning called on the government and employers to rescue millions of mistreated UK workers from exploitation reminiscent of practices that were considered exploitative in the 19th century. A report by the TUC-backed Commission
More...07 May 2008 08:10 A recent Glasgow employment tribunal ruled that baldness was not a disability . James Campbell, a 61-year-old retired teacher, argued that his baldness was an impairment which had a "substantial and long-term adverse effect" on his ability to do hi
More...29 April 2008 10:00 Dr C D'Silva v NATFHE (now known as University and College Union) and Others , Employment Appeal Tribunal
Failure by an employer to reply to a Race Discrimination Act 1976 questionnaire will not result in a tribunal drawing an adverse inference
More...21 April 2008 10:53 Health screening is working its way up the government's agenda and earlier this month, health secretary Alan Johnson unveiled a new scheme to offer health screenings for everyone aged 40 to 74 . Based on the old philosophy that 'prevention is be
More...21 April 2008 10:14
HR news and analysis including:
An exclusive interview with Amit Kapadia, executive director of HSMP Forum, outside the High Court in London - on the landmark ruling which stated the government acted unlawfully in changing rules to
More...11 April 2008 16:19 Campaigners opposing the government's changes to the Highly Skilled Migrant Programme (HSMP) have won their High Court battle.
A judge ruled this morning that changes made by immigration minister Liam Byrne in November 2006 were unfair becau
More...08 April 2008 11:18 Robinson v Tescom Corporation
Facts
Mr Robinson was employed as a territorial manager for Tescom, a manufacturer of pressure regulators and valves. In 2006, Tescom formulated a restructuring plan that involved a expanding the territory covered
More...28 March 2008 17:07 Youth may be wasted on the young, but do age regulations accept any substitute for experience?
More...26 March 2008 10:52 Easter may be just around the corner, but when it comes to religious holidays, it doesn't pay to put all your eggs in one basket, as James Warren explains. Key points Employees do not have a statutory right to time off on public or bank holiday
More...17 March 2008 10:00 To lose a top team virtually overnight would be extremely bad luck. But when the loss is caused by a jackpot lottery win, the correct response would be warm congratulations, wouldn't it? Virginia Matthews reports. Last December a 16-strong syndicate
More...17 March 2008 10:00 Q What are works councils and how do they apply to me?
A The term "works council" applies to any body that represents the interests of employees, which an employer must inform and consult with on issues affecting their organisation.
Empl
More...17 March 2008 10:00 Significant changes in Italian employment and pensions law have been introduced after the Italian government implemented an agreement with the main employers' associations and trade unions.
They include changes to legislation about hiring disabled w
More...15 March 2008 00:28 In the recent case of English v Thomas Sanderson Blinds, the Employment Appeal Tribunal (EAT) held that a man who had been subject to homophobic 'banter' could not bring a claim for harassment under the sexual orientation regulations, because he was no
More...13 March 2008 10:29Employees with tactical stress will have to move at your pace instead of being untouchable.
More...10 March 2008 12:09 What HR can do to minimise the risk of corporate manslaughter claims under the new Corporate Manslaughter and Corporate Homicide Act, including:
What is changing in the law? (00m41s)
What penalties do companies face? (05m15s) Includes news
More...10 March 2008 10:31 We would like to extend the notice period of several of our senior managers. What legal rights do we have if they are not happy for us to change their employment contract? Do we need their consent? When seeking to change employees' terms and conditio
More...07 March 2008 16:54 Managing pregnant workers can be a sensitive issue for employers, but every organisation has a responsibility to carry out a risk assessment and take any necessary precautions to protect any pregnant employees. Several high-profile cases have recently hi
More...07 March 2008 16:50 Agency workers do not enjoy the employment rights enjoyed by those who can bring themselves within the legal definition of an 'employee'. But as demonstrated by the February 2008 Court of Appeal ruling rejecting an agency worker's unfair dismissal c
More...04 March 2008 10:00 Q We are a small company that unfortunately has to terminate the contracts of several employees. What should or should not be included in the termination package? If we are not requiring them to work their notice and are paying them in lieu, should that
More...03 March 2008 10:00
It is incredible to think an employment law textbook of 20 or so years ago consisted of about five pages setting out the relationship between 'master and servant'. Since then, workers have gained many new rights and employers face a legal min
More...25 February 2008 12:12
We ask six leading employment lawyers what legal developments they think you shold keep an eye on over the next 20 years
David Bradley, partner, DLA Piper
Keep abreast of employment regulations in emerging markets, such as China and In
More...25 February 2008 12:07 Opposition MPs have reacted angrily to the progression through Parliament of the controversial Bill on agency workers' rights. Despite more than 150 MPs turning up last Friday (22 February) to vote on the Temporary and Agency Workers (Equal Treatmen
More...25 February 2008 11:25
For Personnel Today's 20th anniversary issue, Gagandeep Prasad, employment lawyer at Charles Russell, reflects on the future of legislation and the workplace.
Now
The past 20 years have brought dramatic changes in terms of employment prot
More...19 February 2008 13:53 Slips and trips are the most common causes of workplace injuries, with almost 11,000 major accidents each year. This month the Health and Safety Executive (HSE) launched a new initiative aimed at reducing the number of slips, trips and falls in the work
More...18 February 2008 10:00 A new dawn is rising for human resources – that of the legal eagle. Ever since legendary guru Dave Ulrich first floated the idea of HR acting as a business partner, HR practitioners hoped the days of filing CVs, updating personnel records and
More...15 February 2008 08:00 The nights have drawn in, the days are short and winter is truly upon us. The constant darkness and coldness might make taking a 'duvet day' or 'throwing a sickie' seem attractive. Employee absence is proving increasingly costly for employers. While
More...15 February 2008 08:00 Looking ahead in 2008, what are the big issues facing organisations and how should they tackle them? Will 2008 be a year of business leading the way on employment law issues rather than government? Rachel Dineley, partner and head of diversity unit,
More...15 February 2008 00:00It is time to banish discrimination by association on the grounds of disability at work.
More...11 February 2008 14:18 Controversy over the rights of agency workers has been kept fully in the spotlight following a landmark legal ruling last week.
The Court of Appeal dismissed a claim for unfair dismissal against Greenwich Borough Council after it decided to replac
More...11 February 2008 11:20 This week's HR news and analysis programme includes a special guide to new illegal worker legislation. Louisa Peacock interviews Richard Port, partner and head of employment at Clarion Solicitors, about the introduction on 29 February of fines and po
More...08 February 2008 14:54 In many cases, employees who are subject to disciplinary action are suspended as a matter of course. However, the recent case of Camden and Islington Mental Health and Social Care Trust v Atkinson has highlighted the danger of suspension witho
More...04 February 2008 13:00 First West Yorkshire Limited t/a First Leeds v Haigh, Employment Appeal Tribunal
Where an employer provides an ill-health retirement benefit, it must consider an employee's entitlement to that benefit before dismissing for long-term sickness.
More...04 February 2008 12:00 The opportunities for European businesses to take advantage of the cheaper labour available in the EU accession states was challenged recently in the European Court of Justice (ECJ) by a landmark case. International Transport Workers Federation and
More...04 February 2008 12:00 We have a similar situation to that of Liverpool Football Club, which admitted to holding talks with a potential replacement for manager Rafael Benitez, without his knowledge, while he was still employed . The manager at our company is now seeking
More...04 February 2008 12:00 I have noted in recent issues much discussion about addressing the skills gap and the increased willingness of employers to look at apprenticeships as a means to achieving this ( Personnel Today , 29 January). I just wanted to remind readers of Personne
More...04 February 2008 12:00 Is there a profession in the UK more consistently maligned than human resources? Those of you busy getting on with the day-to-day business of working in human resources (HR) could be forgiven for burying your head in your hands and wondering why you bot
More...04 February 2008 12:00 Given the recent press speculation about the 'Spyware' software favoured by Microsoft in the US , what are the implications of 'Big Brother' technology in the workplace? And how far can HR practitioners go when it comes to monitoring employees?
More...28 January 2008 16:24 We have just had a quote for renewing our medical insurance policy. We have several workers aged over 65 and if we cover them too, the overall cost increases substantially. Can we exclude these workers from the insurance?
First, a practical point -
More...21 January 2008 14:03 The recent ruling in the Employment Appeal Tribunal case of Cortest v O'Toole has finally given some clear guidance on the circumstances and length of time that people can take as emergency time off to care for dependants. But what is the right, and w
More...21 January 2008 13:58 Q What are the main changes proposed?
A The Employment Bill received its first reading in the House of Lords on 6 December 2007. The Bill proposes to repeal the statutory dispute resolution procedures and make a number of other changes relating to
More...14 January 2008 12:57 A crucial European legal opinion that could dramatically increase the workplace rights of carers has been delayed.
The Advocate General, one of the European Union's senior legal experts, was due to give his opinion on a landmark case on the rights o
More...14 January 2008 09:16 The equalities commission said it was "disappointed but not surprised" by a lack of female promotions at Barclays Capital (BarCap), the investment banking division of Barclays. It follows an advertisement by Barclays in the Financial Times , which r
More...09 January 2008 16:00 The government is to launch an advertising campaign next week warning employers of the stiff penalties they face for hiring illegal migrant workers. UK bosses face up to two years in prison or unlimited fines for every illegal individual they 'knowi
More...07 January 2008 11:30 Exclusive All migrant workers coming to the UK under the new points-based system will be told that the rules allowing them to stay could change at any time. The Home Office is to issue the warning in a bid to avoid a repeat of the embarr&s
More...07 January 2008 11:17 A leading employers' organisation has urged the government to stand firm in 2008 under increasing union pressure to implement employee-friendly European Union legislation. Trade unions have been pushing strongly for the introduction of the Agenc
More...07 January 2008 10:00 I am the HR manager of a large accountancy firm. We have discovered that a member of the team is going to a lap-dancing club during his lunch time. He is never back late, but some of the women in the firm find this type of behaviour upsetting. Can we st
More...07 January 2008 08:00 The government is urging everyone to make sure they are getting all the benefits they are entitled to if they find a new job in 2008. An extra four days holiday, new maternity leave rights and extended rights to flexible working were just some of the
More...02 January 2008 12:41 The Public Interest Disclosure Act 1998 (PIDA) has taken effect through amendments made to the Employment Rights Act 1996 in July 1999. It protects employees from being dismissed or penalised by their employers as a result of blowing the whistle on cert
More...02 January 2008 08:00 Hurrah. You have at last reached an agreement with your employee who accepts a termination payment and goes forth in peace.
OK, so the money is a bit more than you would have liked, but you have got authority to go to that level of money (the chief
More...20 December 2007 00:05 The Home Office last night warned employers about migrant workers - as it admitted it had employed an illegal worker to guard its front door. Paula Higson, director of managed migration at the Home Office, told Personnel Today that firms will be st
More...18 December 2007 11:50 The Chinese government has been focusing on reforms that will significantly affect the national employment law. The most relevant piece of legislation is the Employment Promotion Law, issued by the Standing Committee of the National People
More...18 December 2007 00:00 There seem to be fewer firm legislative proposals in the employment arena in 2008 than has been the case in the past few years. The only definite proposals so far being the Corporate Manslaughter and Corporate Homicide Act 2007 and the Informat
More...17 December 2007 08:00 Employers face bigger fines at employment tribunals if they fail to follow a statutory code of practice under proposed new laws. The Employment Bill gives tribunals the power to increase compensation by 25% if an employer 'unreasonably fails' to fo
More...14 December 2007 11:00 In the dock Organisations will soon be answerable for the actions or omissions of any senior manager if a death occurs. Kevin Elliott explains. The Corporate Manslaughter and Corporate Homicide Act , which comes into force in April 2008, appears
More...13 December 2007 08:00 Party with care Q Should we have written rules on work-related social events? A Make sure you provide clear written guidance to all employees about acceptable standards of behaviour at work-related social events - and the disciplinary sanctions
More...13 December 2007 08:00 Employers that fail to make payments into new personal pension accounts could be hit by fines of up to £50,000. The Pensions Bill received its first reading in Parliament last week, and proposes automatic enrolment into a qualifying workplace schem
More...10 December 2007 10:40 Fears that domestic legislation will be passed giving temporary workers full employment rights have grown after EU ministers failed to reach agreement on the Agency Workers Directive last week. The UK government was one of the few that opposed th
More...10 December 2007 10:30 Once again, we have been treated to a steady diet of new laws, cases and European regulations that ranged from the sensible to the ridiculous. See if you were paying attention to some of the more extraordinary stories from the past 12 months with our an
More...10 December 2007 07:58 Employers must include annual leave and bank holidays when calculating how much pay to deduct for strike action, the High Court has ruled. Public sector union Unison brought the test case, Cooper v Isle of Wight College , following a strike i
More...04 December 2007 11:18 Business leaders have told the government to get its own house in order before subjecting firms to dawn raids and huge fines over data security and work permits.
Employers' group the CBI scoffed at suggestions that private sector companies should be
More...04 December 2007 08:39 Employers will have to pick up the tab when 'benefit scroungers' are forced to work. New incapacity benefit tests due in October 2008 look set to force a significant number of people who are disabled or have been unable to work owing to long-term s
More...03 December 2007 14:54 The president of the Employment Tribunals, HHJ Meeran, has handed down a 'practice direction' staying all current and future tribunal claims which concern the UK's mandatory retirement age.
The judgement on the legality of the UK's mandatory
More...03 December 2007 12:01 The threat to tens of thousands of British jobs through the takeover of Jaguar and Land Rover illustrates the risks of giving temporary workers full employment rights, manufacturers have warned. Employers body the EEF said that without the ability to
More...27 November 2007 08:20 With the government putting in place a complex package of support to get people back to work ( Pathways to Work ), there is a growing focus on what employers could and should do to get ill or injured people back into the workplace.
Employers are
More...26 November 2007 08:00 We're trying to organise our Christmas party and it's proving to be a nightmare. I have a number of Muslim employees in my workforce who are concerned that the normal format revolves around alcohol. I'm worried that if I don't change it, we could face r
More...26 November 2007 08:00 Johns v Solent SD Limited , Employment Appeal Tribunal
Background The default retirement age exemption in the Employment Equality (Age) Regulations 2006 allows employers to retire employees at 65, as long as a retirement process is followed.
More...26 November 2007 08:00 Human resources news and analysis including: the winners of the Personnel Today Awards 2007 why the FA should use psychometric testing, and following the HM Revenue & Customs' "datagate", what possible new powers for the informati
More...23 November 2007 16:36 Recent media reports alleging the use of child labour by a manufacturer of Gap's children's clothing in India have highlighted the problems that can arise where manufacturing is outsourced. An outsourcer loses direct control of the employees w
More...20 November 2007 07:01 With the festive season almost upon us, now is the time to update drugs and alcohol policices, says Nick Thomas
With Christmas just around the corner, we're already seeing the annual flurry of articles warning of the pitfalls and politics associated
More...20 November 2007 01:00 Limiting the number of foreign players in an English Premier League team could set a dangerous precedent. Phil Boucher investigates. When Arsenal Football Club won the English Premier League in 2004 it became the first team in 116 years of top-flig
More...20 November 2007 00:00 The government has launched a consultation on its plans for barring unsuitable people from working with children and vulnerable adults. It wants to gather views on who the scheme will protect, who will need to join the scheme, how to refer inform
More...15 November 2007 13:10 A British Airways check-in clerk who was suspended for refusing to conceal a small crucifix on a necklace at her post at Heathrow Airport has accused her employers of having a "culture of hostility" to Christianity at an employment tribunal. When Nad
More...15 November 2007 12:20 Jackson v Computershare Investor Services Under the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) , on a sale of a business, employees working in the business transfer to the new owner with their existing terms and
More...12 November 2007 11:00 From April 2008, the new Corporate Manslaughter and Corporate Homicide Act 2007 will come into force. The Act reflects what appears to be the public's view, that companies and managers should be held more directly responsible for their employees'
More...12 November 2007 10:20 Few would deny that, despite major reforms, more needs to be done to help tackle workplace discrimination.
Trevor Phillips , in his first major speech as chair of the new Equality and Human Rights Commission (EHRC), has called for the government
More...05 November 2007 08:00 HR departments may soon have to deal with more absence and lateness problems as the days get shorter and the nights get colder. In many cases, this may be down to a reluctance to get out of bed or leave the house to face the cold. However, it could also
More...05 November 2007 08:00 Hospitality, retail and construction staff are the most likely to consider making employment tribunal claims, according to the new chairman of conciliation service Acas. Ed Sweeney , who took the reins from Rita Donaghy this month , said high staff
More...30 October 2007 08:00 Millions of people across the UK routinely provide unpaid care by looking after an ill, frail or disabled family member or friend. In addition to their caring responsibilities, many of these individuals are also in regular employment.
Staff who fal
More...29 October 2007 08:00 The TUC has launched a new Polish website to support the increasing number of Polish workers in the UK.
The website - run by the TUC in partnership with Citizens Advice and Polish trade union Solidarnosc - explains the rights they can expect
More...26 October 2007 09:30 Prison officers have started to pay a levy to fund a court battle aimed at restoring their right to strike. According to newspaper reports, the Prison Officers Association (POA) has been collecting a monthly levy of £1 from its 37,000 members to ra
More...24 October 2007 09:49 The government's focus on childcare leave should switch from women to men to help eradicate the gender pay gap, according to a leading equalities campaigner. Duncan Fisher, chief executive of lobby group Fathers Direct, has called on the government t
More...22 October 2007 08:00 Nesbitt and Nesbitt v Secretary of State for Trade and Industry
When is a director and shareholder also an employee? In Nesbitt and Nesbitt v Secretary of State for Trade and Industry the Employment Appeal Tribunal (EAT) said that, in decidin
More...15 October 2007 08:00 It was once clear that the purpose of the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) was to protect the employment and associated rights of employees on business transfers. But a practice appears to be emerging which shows th
More...15 October 2007 08:00 HR professionals may have been alarmed by recent media reports that YouTube video footage of people with speech defects such as stammers are being regularly downloaded and circulated on the internet as 'comedy'. Stammer sufferers have been dee
More...15 October 2007 08:00Michael Powner highlights the top 10 ways employment law is often flouted.
More...15 October 2007 00:52 The definition of what constitutes a disability has perplexed employers for years as they grapple to keep up with evolving case law on the subject. Clearly, there are still grey areas. And our survey of Employers' Law readers earlier this year showed th
More...15 October 2007 00:39 Department of Constitutional Affairs v Jones
In Department of Constitutional Affairs v Jones , the Court of Appeal concluded that a tribunal had been right to extend time for a claimant who refused to acknowledge his own disability.
F
More...01 October 2007 10:00 An employee sustained whiplash in a car accident and has weekly osteopath appointments. He works 9am to 5pm and the latest appointment he can get means leaving work at 3.30pm. He works as part of a small team who are finding it difficult to cover for th
More...01 October 2007 08:00 According to the latest statistics from the Tribunal Service , the number of claims reaching the employment tribunal stage has risen by 15% in 2006-07. While the attitudes and behaviour of some employers is certainly a factor in this growth, the co
More...01 October 2007 08:00 Personnel Today online editor Rob Moss interviews Jo Stubbs, managing editor of XpertHR, on the introduction on Monday, 1 October 2007 of new legislation on statutory holiday entitlement.
The change is the first wave of change to the law that will s
More...28 September 2007 13:39 Manufacturing employer ALA Rail is refusing to pay compensation to a widow whose husband and son were killed in a car crash with a member of staff - because the employee was on his lunch break. Diane O'Dell lost her husband Curt and seven-year-old so
More...18 September 2007 12:00 Regular rail commuters will not be surprised to learn that the rail regulator's report reveals that almost 400,000 passengers face daily delays in their journeys. The situation was not helped by the summer floods, and most recently London witnessed trav
More...17 September 2007 08:00 A 'protected period' is needed to encourage employers to seriously consider equal pay. The debate surrounding the government's Discrimination Law Review is an important opportunity to look afresh at anti-discrimination laws and create truly modern
More...17 September 2007 08:00 The controversial Agency Workers Directive (AWD) has been hanging over the British workplace for almost all of the new millennium but despite an uneasy cease-fire in recent time the battle lines are once again being drawn.
The Agency Workers D
More...17 September 2007 08:00 The Court of Appeal has considered whether an employer is liable for stress caused to the employee during a grievance investigation. Deadman was accused of sexual harassment. The council's policy provided that incidents of harassment should be dealt
More...12 September 2007 00:00 A police officer who suffered from dyslexia and was disadvantaged when carrying out examinations for promotion was disabled within the meaning of the Disability Discrimination Act 1995 (DDA) . In this case, the Employment Appeal Tribunal (EAT) foun
More...12 September 2007 00:00 Pilots of an early dispute resolution scheme across a number of employment tribunals have been a success, initial results suggest. The Tribunals Service introduced the scheme to test the effectiveness of judicial mediation in settling a range of disc
More...11 September 2007 00:00 The Information Commissioner's Office (ICO) has launched a consultation on its new draft CCTV Code of Practice . This draft code sets out advice on good practice for organisations that operate CCTV cameras and other devices which record images of i
More...10 September 2007 16:27 Are we returning to the bad old days of endless industrial disputes, walkouts and wildcat strikes? You may think so, given all the publicity the Prison Service strike has generated. It is a clear example of the power that can be exerted by unio
More...10 September 2007 16:23 'Now is the winter of our discontent' . In 1978-79, the opening line of Shakespeare's Richard III was bandied about by the editor of the Sun, Larry Lamb, as unions led widespread strikes to demand pay rises for their members. Nearly 30 years on, news
More...10 September 2007 12:09 HR professionals have been urged to help tackle gang culture by a group of employers targeting youngsters in Manchester's notorious Moss Side district. The Central Manchester Employers Alliance - which includes the BBC, Central Manchester NHS Trust a
More...10 September 2007 00:00 Smoking at work demanded the attention of employers for many years before the law eventually intervened. And with new super casinos in the UK and the expansion of TV advertising about gambling from this month, does online gambling present similar
More...03 September 2007 10:08 Government agency UKvisas failed to put in place adequate controls when outsourcing work to private firms, risking the security of personal data, an official investigation has found. The report by UKvisas watchdog Linda Costelloe Baker slammed the
More...21 August 2007 10:37 Macmillan Publishers has recently been fined £55,000 for failing to comply with the Information and Consultation of Employees Regulations 2004 (ICE Regulations). This is the first penalty awarded under the ICE Regulations, which were recently
More...20 August 2007 00:00 The Conservative Party's celebrated plan to slash £14bn per year of legislative costs from business misjudges the mood of employers, a leading figure has warned. Tory attempts to win back voters from Labour will be kick-started on Friday (17 August)
More...13 August 2007 00:00 Domino's Pizza has denied claims that its central HR team has lost control of its franchisees after eight migrant staff were sacked last week amid claims of abuse. Trade union Unite claimed that Domino's fired the Hungarians for speaking out against
More...06 August 2007 10:57 Maternity, paternity and adoption rights for babies due on or after 1 April 2007 are discussed below in a question and answer format. At the end of this article you will find further information about the rights of new parents, both on our site and on
More...01 August 2007 17:23 The government should resist trade union calls to extend the gangmaster licensing regulations to other sectors such as care homes, the Recruitment and Employment Confederation (REC) has said. The current licensing scheme focuses on the food in
More...31 July 2007 15:00 The CBI has welcomed a fresh drive by the government to reduce the regulatory burden on business, announced by business secretary John Hutton.
Greater pressure will be placed on regulators to review and reduce the number of unnecessary bu
More...27 July 2007 10:04 The Home Office has insisted that it did not break race laws with its controversial changes to the Highly Skilled Migrant Programme (HSMP). The Commission for Racial Equality (CRE) wrote to the Border and Immigration Agency expressing co
More...25 July 2007 16:20 Gender equality is still generations away and needs urgent action across all aspects of life to close the stubborn gaps in the next 10 years, the Equal Opportunities Commission (EOC) has warned. Completing the Revolution, the EOC's final report bef
