In R (on the application of T) v Chief Constable of Greater Manchester and ors the Court of Appeal has held that the statutory criminal record checking scheme (now the responsibility of the Disclosure and Barring Service) is incompatible with Article 8 of the European Convention on Human Rights (ECHR). The Court held that while[…]
Changes to TUPE The Government has issued a consultation on proposed changes to the Transfer of Undertakings (Protection of Employment) Regulations 2006, formulated in response to the ‘call for evidence’ that concluded in 2012. One of the most significant proposed changes is to repeal the ‘service provision change’ coverage, under which contracting out, contracting in[…]
Is it within the range of reasonable responses for an employer to refuse to undertake further investigations which would support the account of an employee accused of gross misconduct? Usually not, says the EAT in Stuart v London City Airport, as a reasonable employer will normally investigate such matters unless there is a good reason[…]
In its response to its consultation on the collective redundancy rules, the Government has announced that the current 90-day minimum consultation period where employers are proposing to make 100 or more redundancies at one establishment will be reduced to 45 days. The Government believes that this will give businesses the flexibility to respond to changing[…]
The Employment Rights (Increase of Limits) Order 2012 SI 2012/3007 has been published. The Order will increase the limits on certain employment tribunal awards and other amounts payable under employment legislation from 1 February 2013. The notable changes are: • the limit on the amount of a week’s pay for the purposes of calculating, among[…]
The Government has responded to its consultation on employee ownership which allows employees to give up some employment rights, such as unfair dismissal, in return for shares. The Government intends to implement the policy, despite 92 per cent of respondents viewing the plans in a negative or mixed way. Among other things, the Government response[…]
European Commission proposes Directive to increase women’s representation on boards
LATEST NEWS Nov 15, 2012
The European Commission has proposed a Directive to increase women’s representation in non-executive board-member positions to 40 per cent in publicly listed companies, with the exception of small and medium enterprises. Member States would be exempted from the proposed means to achieve this if they put in place measures to improve women’s representation on company[…]
Government to introduce flexible parental leave and the right to request flexible working for all
LATEST NEWS Nov 13, 2012
The Deputy Prime Minister, Nick Clegg, has announced that, from 2015, the UK will have a new system of flexible parental leave. The Government will also legislate to extend the right to request flexible working to all employees from 2014. The remaining element of the delayed response to the ‘Modern Workplaces’ consultation, on reforming the[…]
Paid annual leave may be calculated on pro rata basis for zero-hours contracts
LATEST NEWS Nov 12, 2012
In Heimann and anor v Kaiser GmbH the ECJ has held that calculating the paid annual leave of workers on short-time working on a pro rata temporis basis did not breach EU law. ECJ case law requiring the accrual of paid annual leave in full while on sick leave was of a fundamentally different character[…]
The Government has published a consultation on the detail of implementing ‘employee owner’ status. Under the proposals, the Employment Rights Act 1996 will be amended to create a third employment status of ‘employee owner’ in addition to that of employee or a worker. ‘Employee owners’ would receive between GBP2,000 and GBP50,000 worth of shares in[…]