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The risks of seeking to recruit a whole team of staff from a rival employer before their employment ends have been highlighted by a recent ruling, explains Christine Young ‘Poachers (and, in fact, any new employer) will need to think about how they treat a new hire even before employment commences, given that they may …
Continue reading "Team Moves: Appeal court takes aim at poachers"
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Clare Parkinson examines the new single public sector equality duty in light of a recent finding that HMRC’s treatment of a disabled woman was discriminatory ‘Section 149 of the Equality Act widens the scope of the existing public sector equality general duties by requiring public authorities to have due regard to the need to “advance” …
Continue reading "Equality Act: Duties on public bodies"
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It may not be the landmark case hoped for, but the conviction of Cotswold Geotechnical points the way to significant fines following workplace fatalities in the future, argues Jan Burgess ‘Geotechnical disappoints because it fails to reveal anything about the way in which the new legislation will really work.’ In February, Cotswold Geotechnical Holdings Ltd …
Continue reading "Corporate Manslaughter: Learning the lessons from the first prosecution"
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The government’s consultation document on resolving workplace disputes gives Esther Smith a distinct sense of déjà vu ‘Despite what many employers think, employment lawyers aren’t only interested in areas where we perceive that we can make more money, but do have a genuine wish to see the system overhauled both for our own benefit and …
Continue reading "Tribunal Reform: Back to the future"
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Caroline Stroud and Charlotte Stafford investigate how the ending of the right to retire employees automatically at 65 will affect employers ‘Among employers there is widespread concern about the effects on the workforce and the implications for businesses, despite the government’s assurances in its response to the consultation.’ On 13 January 2011 the government confirmed …
Continue reading "Default Retirement Age: Practical impact of the abolition"
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In light of the recent civil unrest in the Middle East, Stephen Ravenscroft and Helen Mulligan look at employers’ obligations towards staff working in troubled regions abroad ‘If employees are required to travel to, and work in, locations where their safety may be compromised, employers should carry out risk assessments to consider the practical dangers …
Continue reading "Crisis Management: Employees in danger zones"
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As calls grow for interns to be paid, David Green examines what legal responsibilities employers have towards young people on work experience ‘Work experience is an opportunity to gain an insight into the particular work, the chance to acquire skills and experience, make important contacts and ultimately help secure a permanent job.’ Following the Daily …
Continue reading "Work Experience: Risks and rewards"
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Andrew Taggart and Sarah Hitchins consider the circumstances in which employees of varying seniority may be obliged to reveal their own wrongdoing ‘When considering whether an employee owed a duty to disclose their own wrongdoing, a court is likely to look at their terms and conditions of employment. Some employees (even those who do not …
Continue reading "Misconduct: Coming clean"
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David von Hagen looks at a recent EAT decision on whether employers can justify dismissing a worker to avoid paying enhanced pension benefits ‘In Woodcock v Cumbria PCT, Underhill J said that the adoption of the costs plus rule tends to involve parties and tribunals in artificial game playing, including one of “find the other …
Continue reading "Age Discrimination: Time is money"
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The surge in the popularity of websites such as Facebook, Twitter and LinkedIn has brought with it new risks for employers, warn Andrew Taggart and Sarah Hitchins ‘If an employer is considering taking action against an employee for bringing the company into disrepute as a result of online activities, it should consider the impact and …
Continue reading "Social Networking: Virtual misconduct"
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