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The Queen’s Speech 2013 – employment law proposals

The government has just issued its background briefing on the 2013 Queen’s Speech. Of interest to employment lawyers and HR managers are: 1 The National Insurance Contributions Bill, which will introduce an “Employment Allowance”, add...

Published 8 May 2013 12:20 PM by Work/Life/Law

Filed under: employment law, discrimination, employment tribunals
The Equality Act – victimisation after employment has ended

There is a problem with the drafting of the Equality Act 2010. Victimisation, which in this sense means disadvantaging someone because they have brought a discrimination claim, or done “any … thing for the purposes of or in connection with...

Published 1 May 2013 5:23 PM by Work/Life/Law

Filed under: employment law, discrimination, Equality Act, employment tribunals, victimisation
Unpaid wages claims – employment tribunal or small claims court?

Claims for unpaid wages can be brought in either the courts or the employment tribunal. In the past, most such claims have been brought in the employment tribunal. Only very large claims have been brought in the courts. One of (…) Read the rest...

Published 30 Apr 2013 10:24 AM by Work/Life/Law

Filed under: employment law, employment tribunals, employment tribunal fees
Employee shareholders – from speech to legislation

The government’s plans for employee shareholders were first announced by George Osborne in his speech to the 2012 Conservative party conference: “This idea is particularly suited to new businesses starting up; and small and medium sized firms...

Published 25 Apr 2013 7:16 AM by Work/Life/Law

Filed under: employment law, employment tribunals, employee shareholders
One Man, Two Guvnors – outsourcing and employment law

When work is outsourced, an employee will often be accountable both to their employer and to the client they are working for. For instance, a chef might work at a canteen which his or her employer runs for one of (…) Read the rest of this entry...

Published 24 Apr 2013 5:08 PM by Work/Life/Law

Filed under: employment law, unfair dismissal, employment tribunals, outsourcing
Caste discrimination

Section 9(5) of the Equality Act 2010 contains a power for the government to legislate to include caste as an aspect of race discrimination. There has been controversy over whether caste can be included as an aspect of race discrimination (…) Read...

Published 23 Apr 2013 12:41 PM by Work/Life/Law

Filed under: employment law, discrimination, employment tribunals
ACAS’s example redundancy selection criteria

Where employers need to make redundancies, and have to decide who amongst a group of employees should be made redundant, it has become standard practice to carry out “scoring” of employees across a range of different selection criteria. Sometimes...

Published 15 Apr 2013 5:33 PM by Work/Life/Law

Filed under: employment law, unfair dismissal, redundancy
Problems with access to legislation

Put yourself in the position of a litigant in person. You think you haven’t been allowed enough holiday. You’ve heard that the Working Time Regulations have something to say about holidays, and you send in a claim to the employment (…...

Published 26 Mar 2013 5:56 PM by Work/Life/Law

Filed under: employment law, employment tribunals
Hayes v Willoughby – harassment and the prevention or detection of crime

Most employment lawyers will come across the Protection from Harassment Act 1997 at some point in their professional careers. The Act created for the first time a criminal offence of harassment and, alongside that, a civil cause of action in (…...

Published 20 Mar 2013 10:42 AM by Work/Life/Law

Filed under: employment law
New employment tribunal rules to be introduced in summer 2013

The government has today announced that the planned new employment tribunal rules will come into force in summer 2013. The ministerial statement to Parliament explains the reason for the delay from the expected implementation date of April: “It...

Published 14 Mar 2013 2:08 PM by Work/Life/Law

Filed under: employment law, employment tribunals
The social media law project

Sean Jones QC of 11KBW has today launched “The Social Media Law Project“. The project has two aims – first, the development of a balanced “open source” social media policy for use by employers, and second, to be a resource...

Published 13 Mar 2013 10:01 AM by Work/Life/Law

Filed under: employment law, tech, twitter, social media
New employment law podcast – employment law reform 2013

My colleagues, Darren Smith and Andy Whiteaker, have recorded the latest Boyes Turner Employment Law Podcast, all about the latest plans for employment law reform. The podcast will shortly be available for download here, but in the meantime you can get...

Published 27 Feb 2013 5:05 PM by Work/Life/Law

Filed under: employment law, podcast
Whistleblowing – protected disclosures after employment has ended

Whistleblowing, and the protection that employment law gives to whistleblowers, has been much in the news recently. This follows the Mid Staffordshire NHS Trust Inquiry, and the decision of the former Chief Executive of the United Lincolnshire Hospitals...

Published 16 Feb 2013 11:20 AM by Work/Life/Law

Filed under: employment law, employment tribunals, whistleblowing
Implementing the Redfearn judgment – protection of political opinions and affiliations

Last year, in the case of Redfearn v UK, the European Court of Human Rights declared that UK law was incompatible with the article 11 right to freedom of association, in that it did not give protection against dismissal on (…) Read the rest of this...

Published 14 Feb 2013 1:20 PM by Work/Life/Law

Filed under: employment law, employment tribunals, human rights
British Home Stores (BHS) v Burchell – misconduct and unfair dismissal

One of the most significant cases in employment law is British Home Stores v Burchell. That case sets out some of the principles that an employment tribunal should follow in deciding whether a dismissal for misconduct is fair or unfair. (…) Read...

Published 13 Feb 2013 5:42 PM by Work/Life/Law

Filed under: employment law, unfair dismissal, employment tribunals

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