March 2012 #128 – Law Journals

Employer Survey: Attitudes to employment law in Northern Ireland

Businesses in Northern Ireland share the appetite for employment law reform that is evident in many companies across Britain, write Adam Brett and Paul Gillen ‘A joint survey on attitudes to employment law among Northern Ireland businesses, is based on responses from over 140 local businesses, surveyed in September 2011, which are members of the …

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Human Rights: Raising the standard

Businesses are under increasing pressure to adopt international principles protecting workers’ rights, despite weaknesses in the law in individual countries, warns Keith Corkan ‘It is apparent that campaigns by human rights organisations and unions to comply with international labour standards are increasing. Unions are collaborating internationally for such purposes.’Increasingly, multinational companies are being reminded by …

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Executive Pay: Linking rewards to performance

Matthew Howse and Celia Kendrick analyse Vince Cable’s proposals to rein in top employees’ pay packages ‘The government is aiming to address the apparent disconnect between top executives’ pay and company performance, whereby the most senior executives’ pay rises year on year even if their companies’ financial performance has stagnated or deteriorated.’On 23 January 2012 …

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Detrimental Treatment: Court adopts new causal link test

Helena Davies examines the new ‘material influence’ formula applied by the Court of Appeal in a recent whistleblowing case ‘A detriment claim will succeed if the protected disclosure has influenced the employer’s treatment “more than trivially”, whereas a claim of automatic unfair dismissal will need to show that the disclosure was the reason, or principal …

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TUPE: Justifying changes to contracts

Recent rulings seem set to make it easier to carry out post-transfer harmonisation of employees’ terms, report Andrew Taggart and Francesca Lopez ‘Providing a transferee can show a sound economic reason for the proposed changes that existed before the transfer, those changes may be valid after the transfer.’Following a business transfer, the incoming employer (the …

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Executive Indemnities: Read all about it

The claims by Andy Coulson and Glenn Mulcaire against the News of the World’s owners contain useful lessons for those negotiating, drafting and enforcing indemnities given by employers to their executives, explains Charles Wynn-Evans ‘The decisions in the Andy Coulson and Glenn Mulcaire cases demonstrate that employers need to consider the drafting and structuring of …

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Disability Discrimination: The importance of being reasonable

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Melanie Lane and Dominic Holmes argue that it is more important than ever for employers to adopt a wide-ranging and flexible approach to reasonable adjustments ‘The way in which the duty inter-relates with other strands of disability discrimination law is likely to become an increasingly significant issue as case law develops.’ The Equality Act 2010 …

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