March 2013 #138 – Law Journals

TUPE: Back to the future

Richard Kenyon and Lee Harding examine the government’s proposals to scrap the service provision change test and the requirement to provide employee liability information Repealing the employee liability information obligations makes transfers potentially easier for transferors but at the expense of some certainty for transferees. On 17 January 2013 the coalition government issued a consultation …

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Agency Workers: Reform of recruitment sector regulation

Employment businesses and agencies could become effectively unregulated if government inspections are removed, warns Adam Hartley The most striking feature of the consultation paper is that it makes no concrete proposals on how the regulatory framework should be adapted to reflect the changing labour market and business environment within which agencies for temporary work are …

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Employment Law Review: Ending the employment relationship

Glenn Hayes analyses the government’s plans to change the cap on unfair dismissal compensation and reform workplace dispute resolution No ‘undue pressure’ should be put on a party to accept an offer of settlement.The government is midway through its self-proclaimed employment law review – a process that aims to improve ‘every stage of the employment …

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Criminal Record Checks: Striking a balance

Catherine Drinnan and Kendall Brown look at the Court of Appeal’s ruling on the conflict between individuals’ human rights and the law on disclosing criminal convictions Usually, if a job applicant discloses a criminal conviction, an employer will select another applicant with a clean record, even if the disclosure is not relevant to the individual’s …

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Religious Discrimination: At a legal crossroads

Oliver Spratt and Louise Mason consider the implications of the European Court of Human Rights’ decision in Eweida The tribunal rejected Eweida’s claim because wearing a cross was not a mandatory requirement of the Christian faith, but rather her personal choice. Judgment in Eweida & ors v United Kingdom was handed down on 15 January …

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Health At Work: Strong medicine to combat sickness absence

Employers should welcome the government’s positive response to the review of sickness absence, says Adam Lambert he whole sicknessmanagement process is strongly influenced by the need to make sure the actions of the employer would stand up to scrutiny if the employee is dismissed.The government’s Employer’s Charter is not a very helpful document. Despite the …

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Equal Pay: Mid-life crisis or fresh start?

Recent case law and government proposals could lead to a turning point in equal pay claims, suggests Brona Reeves By their nature, private sector employers tend to have a much narrower set of roles, which do not fall so easily into traditional ‘male’ or ‘female’ jobs. As the evidence sessions of the Women in the …

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