This category can only be viewed by members.

Equality Act: Duties on public bodies

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” …
This post is only available to members.

Corporate Manslaughter: Learning the lessons from the first prosecution

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 …
This post is only available to members.

Tribunal Reform: Back to the future

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 …
This post is only available to members.

Default Retirement Age: Practical impact of the abolition

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 …
This post is only available to members.

Crisis Management: Employees in danger zones

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 …
This post is only available to members.

Work Experience: Risks and rewards

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 …
This post is only available to members.

Misconduct: Coming clean

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 …
This post is only available to members.

Redundancy: Selecting employees for new roles

The EAT has shed light on what is a fair method for choosing which potentially redundant employee to appoint to a newly created job, reports Jenna Clarke ‘Following a reorganisation of a business, it is often the case, as in Williams, that some roles become redundant but new roles are created.’As advisers, we are all …
This post is only available to members.

Fair Pay Review: Multiple problems

Keith Corkan summarises the findings of Will Hutton’s interim report on public sector pay ‘A recurring theme of the Hutton report is the influence of many features of private sector remuneration on the public sector.’In early December, Will Hutton, the former head of the Work Foundation, issued his interim report on pay in the public …
This post is only available to members.