March 2011 #118 – Law Journals

Tribunal Reform: Back to the future

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The government’s consultation document on resolving workplace disputes gives Esther Smith a distinct sense of déjà vu ‘Despite what many employers think, employment lawyers aren’t only interested in areas where we perceive that we can make more money, but do have a genuine wish to see the system overhauled both for our own benefit and …

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Default Retirement Age: Practical impact of the abolition

Caroline Stroud and Charlotte Stafford investigate how the ending of the right to retire employees automatically at 65 will affect employers ‘Among employers there is widespread concern about the effects on the workforce and the implications for businesses, despite the government’s assurances in its response to the consultation.’ On 13 January 2011 the government confirmed …

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Crisis Management: Employees in danger zones

In light of the recent civil unrest in the Middle East, Stephen Ravenscroft and Helen Mulligan look at employers’ obligations towards staff working in troubled regions abroad ‘If employees are required to travel to, and work in, locations where their safety may be compromised, employers should carry out risk assessments to consider the practical dangers …

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Work Experience: Risks and rewards

As calls grow for interns to be paid, David Green examines what legal responsibilities employers have towards young people on work experience ‘Work experience is an opportunity to gain an insight into the particular work, the chance to acquire skills and experience, make important contacts and ultimately help secure a permanent job.’ Following the Daily …

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Misconduct: Coming clean

Andrew Taggart and Sarah Hitchins consider the circumstances in which employees of varying seniority may be obliged to reveal their own wrongdoing ‘When considering whether an employee owed a duty to disclose their own wrongdoing, a court is likely to look at their terms and conditions of employment. Some employees (even those who do not …

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Redundancy: Selecting employees for new roles

The EAT has shed light on what is a fair method for choosing which potentially redundant employee to appoint to a newly created job, reports Jenna Clarke ‘Following a reorganisation of a business, it is often the case, as in Williams, that some roles become redundant but new roles are created.’As advisers, we are all …

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Territorial Jurisdiction: The long arm of the employment tribunal

The EAT has extended the protection available to employees who work in the UK for a foreign company, explains Mandeep Kalsi ‘According to the EAT in Pervez v Macquarie Bank, Mr Pervez came within the “legislative grasp of the statutes and regulations” on which his claims were based, even though Hong Kong remained his base …

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