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Sarah Parkin rounds up the key legal developments and cases that employment law practitioners need to be aware of next year ‘A particular issue likely to be of concern to employers is whether they will face discrimination claims if they pay enhanced maternity pay where someone is on maternity leave but do not pay the …
Continue reading "The Year Ahead: Fourteen predictions for 2014"
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Helen Cookson and Anna Scott review recent UK and European decisions on age equality ‘It is questionable whether the statistics will continue to show unemployment having a disproportionate impact on older workers, given the numbers of young unemployed graduates and NEETS (young people not in employment, education or training).’ Age discrimination is a key issue …
Continue reading "Age Discrimination: A unique approach to cost"
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Nicola Bartholomew and Heather Shallow explore how far the duty of fidelity extends when an employee is preparing to compete ‘The duty of fidelity, which has developed by case law over a significant period, is broadly an employee’s duty to have regard to the employer’s interest and not to take part in competitive activity.’ As …
Continue reading "Duty Of Fidelity: Clamping down on competitive activity"
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Alex MacMahon provides an overview of the activities business visitors are permitted to carry out, the restrictions placed on them and the consequences of non-compliance with the legal regimes ‘Employers should have policies in place to ensure that their human resources department is aware of the restrictions placed on business visitors’ activities so that problems …
Continue reading "Immigration: Business visitors: key issues for employers"
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This year’s conference season revealed a number of divisions between the three main political parties on issues such as low pay and employment rights, report Richard Kenyon and Will Hampshire ‘Employment, and as a consequence employment law, remains an obvious concern to voters and therefore to anyone with political ambition.’ In the absence of what …
Continue reading "Employment Law Policy: Gearing up for the ‘living standards election’"
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Emma Burrows and Anna Scott discuss two opposing Advocate Generals’ opinions on whether surrogate mothers are entitled to paid maternity or adoption leave ‘Under UK law an employee is specifically protected from discrimination because of her pregnancy or because she is exercising the right to maternity leave. Surrogacy arrangements are not dealt with’. There is …
Continue reading "Maternity Leave: Conflicting views on surrogate mothers’ rights"
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Sarah Booth looks at how to ensure that zero-hours agreements are legally enforceable without exploiting workers ‘This article considers the practicalities of using zero-hours contracts and ensuring that agreements are legally enforceable, commercially viable and confer the appropriate obligations on both parties without being exploitative of workers.’ In recent months employment practitioners could not have …
Continue reading "Employment Status: Practicalities of zero-hours contracts"
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Mark Kaye considers a recent EAT decision on an employer’s failure to carry out a proper appeal hearing ‘The EAT considered that the right to an impartial appeal was an important feature of both the Acas code and Aldi’s own grievance policy, and a failure to allow a fair appeal could amount to a breach …
Continue reading "Grievance Procedures: Don’t fall at the last hurdle"
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The reprieve for the service provision change rules in the government’s response to its TUPE consultation will come as a relief to most businesses, comment Chris Wellham and Oliver Spratt ‘The relative certainty introduced by the SPC provisions has reduced the number of TUPE tribunal claims and helps create a level playing field for contractors.’ …
Continue reading "TUPE: Something or nothing?"
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Mirit Ehrenstein summarises the requirements introduced last month aimed at curbing excessive executive pay ‘If the policy does not change, shareholder approval is required every three years. If the policy is not approved in the first year, companies will need to go back to shareholders as there is no previous approved policy.’ Directors’ pay for …
Continue reading "Directors: Understanding the new voting and reporting rules"
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