This category can only be viewed by members.
Christopher Hitchins casts doubt on the government’s ability to limit damages for discrimination given the restraints of EU law ‘The government is considering implementing a system of caps on discrimination awards in the UK. Some of these changes have already been announced and a proposed implementation date has been set.’ Against the backdrop of the …
Continue reading "Discrimination Awards: Why the cap doesn’t fit"
This post is only available to members.
Kate Hodgkiss considers how employers can reduce the risks posed by employees posting damaging or confidential material online ‘Social networking has had a major impact on the way we interact and communicate, particularly for the generation now entering the workplace. Unfortunately, the impact is not always positive’. The use of social media has become an …
Continue reading "Social Media: Networking know-how"
This post is only available to members.
Michael McCartney and Rebecca Johns discuss the UK courts’ jurisdiction to hear claims brought by employees working abroad ‘The territorial limits that apply to the various statutory employment rights will also only be relevant if the tribunal is applying English law to the dispute in question.’ The issue of which UK employment rights overseas workers …
Continue reading "Overseas Workers: Beyond borders: the scope of UK employment rights"
This post is only available to members.
In light of a recent EAT decision, Lee Rogers looks at how organisations can successfully make changes to workers’ contracts of employment by dismissing and re-employing them ‘An employer would be well advised to embark on a period of consultation with its employees or any recognised trade unions to try and secure their express consent …
Continue reading "Varying Terms And Conditions: The route to re-engagement"
This post is only available to members.
Employers need to take care if they alter the grounds for dismissing an employee part-way through the disciplinary process, warn Ann Robson and Imogen Bourke ‘This case involved the employer relying on a different decision to dismiss an employee at the appeal hearing from the one that it relied on at the initial disciplinary hearing.’ …
Continue reading "Dismissal Procedures: Beware of changing reasons"
This post is only available to members.
Nicholas Stott reviews the third edition of The Employment Tribunals Handbook: Practice, Procedure and Strategies for Success The Employment Tribunals Handbook: Practice, Procedure and Strategies for Success Alan Payne, John-Paul Waite and Jonathan Dixey 3rd ed., 2011, Bloomsbury Professional Ltd £60.00 ISBN: 978 1 84766 672 7 This book, written by three barristers, is a …
Continue reading "Book Review: All things to all people"
This post is only available to members.
Fixed-term employment can be a useful tool in an outsourcing situation but there are dangers when such contracts come up for renewal, writes Nicola Ihnatowicz ‘TUPE operates to transfer employees with their existing contractual rights, so an employee who is in the middle of a fixed-term contract will transfer with that same contract of employment.’With …
Continue reading "TUPE: Quick fix or in a fix?"
This post is only available to members.
Sarah Young analyses a recent case on whether a worker knew he was not entitled to claim self-employed status ‘As a general rule, an illegal contract is unenforceable and most statutory employment rights, such as the right to bring an unfair dismissal claim, cannot be enforced under it.’ The Employment Appeal Tribunal (EAT) has recently …
Continue reading "Illegality: Mistake or misrepresentation?"
This post is only available to members.
Andrew Burns asks whether the courts will be able to stop public sector workers going on a general strike in protest at government cuts ‘The statutory provisions governing a ballot are complex and detailed, and have been amended over the years so that Part V of TULRCA could be described as a minefield for the …
Continue reading "Industrial Relations: Autumn of discontent"
This post is only available to members.
As the unions gear up for a fight over changes to public sector pensions, David Gallagher and Peter Holt suggest a new strategy for employers to challenge the legality of planned strike action ‘The normal retirement age, at which a full pension is payable without an actuarial reduction, varies across the different schemes.’ One of …
Continue reading "Industrial Action: How employers can strike back"
This post is only available to members.
