June 2013 #141 – Law Journals

Victimisation: A dilemma for employers

Hannah Cunningham examines the litigation risk faced by employers who wish to turn down candidates or dismiss employees who have brought claims against a former employer ‘This article considers when liability for victimisation arises; what duties (if any) individuals have to disclose past or ongoing tribunal claims to their prospective or current employer.’Some employers believe …

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Tribunal Procedure: Lessons from recent case law

Charles Wynn-Evans reports on some new decisions on employment tribunal procedure ‘It cannot be right to allow a case which otherwise has no reasonable prospect of success to proceed simply on the basis that “something may turn up” during the course of the hearing.’ There has been plenty of coverage of the new employment tribunal …

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Employee Shareholders: A third way

The government’s last-minute concessions have done little to allay concerns about the shares for rights legislation, contends Jennifer Millins ‘There is a distinct possibility that, in practice, the employee shareholder concept will be unattractive to employers, employees and job seekers alike.’ Despite substantial opposition in response to the government’s consultation at the end of 2012, …

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Employment Law Reform: Countering the claim culture

Catrin Llewellyn and David Speakman discuss how effective the introduction of employment tribunal fees and new procedural rules will be in preventing vexatious claims ‘One of the main objectives of the review of the employment tribunal rules was to ensure that cases with little or no prospect of success were dealt with robustly.’ If, like …

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Terms And Conditions: The rise of zero-hours contracts

Luke Blackburn weighs up the pros and cons of a controversial method for employers to cope with peaks and troughs in demand for labour ‘In zero-hours contracts the employer has almost all of the flexibility of using casual workers, but no obligation to pay anything where no work is available.’ With the recession putting even …

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Maternity Discrimination: Out of sight, out the door?

Following recent findings that one in seven women on maternity leave do not have a job to go back to, Harriet Bowtell considers the rise in the number of maternity-leavers being made redundant ‘Of those who seek legal advice, only a tiny percentage go on to bring a claim in the employment tribunal. Even fewer …

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Book Review: Demystifying TUPE

The Law of TUPE Transfers offers welcome guidance for practitioners on a particularly complex area of employment law, writes Geoffrey Mead The Law of TUPE Transfers Charles Wynn-Evans 2013, Oxford University Press £60.00 ISBN: 978-0-19-966169-5 The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) have been in force in the UK for a little over …

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Regulatory Obligations: Dealing with the employment aspects of an investigation

During any investigation by the authorities, an employer may face a conflict between its duties to the regulator and to its employees, warn Stephen Ravenscroft and Helen Joseph ‘An employer needs to strike a balance between its obligation to co-operate with a regulatory investigation and an employee’s right to be treated fairly and reasonably.’ Employers …

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