Dispute Resolution: Just how mandatory is mandatory early conciliation?

With no clear incentive for employers and employees to enter into genuine settlement discussions, James Watkins, Kathryn Clapp and Rachel Farr question how effective the new early conciliation regime will be ‘There is no obligation on either party to engage actively or in good faith in early conciliation discussions.’Perhaps the most intriguing of the radical …
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Shared Parental Leave: Failure to give enhanced pay was justified

A recent tribunal decision has given some clues on how to tackle the payment of employees on shared parental leave, reports Claire Hollins ‘Maternity leave is considered to be distinct from paternity or parental leave and this tribunal was willing to distinguish between the two when looking at the amounts paid during those periods of …
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Notice Obligations: Forced labour

Julian Yew looks at a recent case in which an employee continued to be bound by his contract even though the employer was no longer required to pay him ‘The court had to decide whether Mr Rodgers was still employed and if he could be forced to return to work.’ Specific performance is a remedy …
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Age Discrimination: Where are we now?

Sarah Keeble and Mark Stroud review three recent age discrimination cases ‘Any mandatory retirement policy must be able to demonstrate that it is “reasonably” necessary and appropriate to achieve a legitimate aim.’Since the abolition of the default retirement age on 6 April 2011, dismissing an individual who is at or approaching retirement amounts to direct …
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TUPE: Identifying the date of the transfer

A recent EAT decision has provided welcome clarity about how to determine when a TUPE transfer took place, explains Jeffrey Jupp ‘A transfer may occur when no employees are working and none of the transferred activities are being carried out.’ The precise date of a business transfer can be an issue of great significance. In …
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Contractual Documents: Written in black and white

Emily Plosker and Rolleen McDonnell analyse a ruling that an employer was bound by a wrongly worded letter about a pay rise ‘Employers should be very careful when making anything that could be considered an offer of increased pay in any context, whether in writing or perhaps even orally.’ The Employment Appeal Tribunal (EAT) has …
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Ice Bucket Challenge: Avoiding legal slip-ups

Stuart Jones examines the risks that employers face if staff take part in campaigns like the ice bucket challenge at work ‘While no one wants to pour cold water on any event which seeks to raise money for charity, employers need to be vigilant to the risks which may arise if these challenges are undertaken …
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Discrimination Survey: Age before beauty?

A recent survey has revealed the impact of business size and employee age on levels of discrimination in the workplace, writes Tina Wisener ‘Employers need to embed a culture of equality into their processes and policies.’ Recent research carried out on behalf of employment solicitors Doyle Clayton reveals the truth of the popular saying ‘small …
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