Archives

Archives / 2012 / May
  • Employment law proposals to help economic growth: update

    Tags: ACAS, Employment Law Reforms, The Enterprise and Regulatory Reform Bill, The Beecroft Report, Employment Law

    For those of you following my blog and/or keeping up with the rapid employment law proposals which are ultimately to assist business growth in today’s challenging economic conditions, may find this round up of this week’s events useful.

    The Enterprise and Regulatory Reform Bill

    The Enterprise and Regulatory Reform Bill, which was mentioned in the Queens speech this year, was laid out before parliament on the 23 May. It is essential for employers to keep up with the bill as it sets out a number of amendments to the current legislation.

    The Bill sets out the following amendments:

    1. A mandatory period of ACAS conciliation before presenting claims to an employment tribunal (guidance on this will be published in due course). I think this may help employment disputes to be … more

  • Are documents prepared by HR Consultants “privileged”?

    Tags: Employment Tribunals, HR Consultancies, Legal Professional Privilege, Legal Advice Privilege, Employment Law

    No, says the High Court in Water Lilly & Co Ltd –v- Mackay (1) DMW Developments Ltd [2012] EWHC 649 (TCC). The claimant in this case applied for an order against the second Defendant (D) to disclose, correspondence and relevant documentation, created by D’s retained claims consultancy (K).

    D argued that the documentation requested attained legal professional or legal advice privilege as the parties working for the claims consultancy were qualified barristers and solicitors. However the court held that this was not enough.

    The first thing the court explored was the relationship between D and K. The court noted that the retainer between D and K was for “contractual and adjudication advice”, there were no rates offered for the services of solicitors or … more

  • Leeds Half Marathon 13 May 2012

    Tags: Leeds Half Marathon, 13 May 2012

    I am pleased to announce that I completed the Leeds Half Marathon in 2 hours 13 minutes.

    Donations for CANdlighters, a Yorkshire based charity which assists children (and their families) with cancer, are still being collected so please dig deep into your pockets for this worthwhile cause.

    Donations can be made at: http://www.justgiving.com/LeedsJLD-Supporting-CANdleLighters.

    Thanks in advance.

    Warmest regards, Samira Ali more

  • The Queens Speech 2012: the effects on employment law

    Tags: Employment Law Reforms, Flexible Working, The Enterprise and Regulatory Reform Bill, The Queens Speech 2012, The Public Service Pensions Bill, The Defamation Bill, Employment Law

    The Queens speech earlier this week was focused on economic and financial reforms intended to boast the UK economy out of dare I say it what the media had termed “a double dip recession”.

    The Enterprise and Regulatory Reform Bill introduces the following changes employers should be aware of:

    1. Reforms the employment tribunal system by providing more options for the early resolution of disputes through ACAS.

    2. Allows father’s flexible working patterns to enable them to share parenting responsibilities with their partners. Unfortunately for employers no guidance has been provided as to how this will work in practice.

    3. Strengthens the framework for setting directors’ pay and shareholder power so they can hold companies to account.

    4. Repeals unnecessary … more

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  • Understanding Your Legal Rights When an Employee Leaves

    Tags: Notice, Garden Leave, Payment, Company Property, Training Costs, Restrictive Covenants, Exit, Resignation, Employer, Employee, Employment Law, UKEmpLaw

    When an employee leaves, the focus is often on their entitlements. But what are your rights as an employer and what practical steps can you take to ensure a smooth exit? 

    Giving Notice 

    When it comes to employees giving notice, there are several key areas to note. Employers do not have to ‘accept’ a resignation – it is a unilateral act. Equally, they do not have to accept a retraction of notice, unless it was given in the heat of the moment, or the employee was unwell.

    Employees must give at least a weeks’ notice once they have been employed for more than a month. However, longer notice is usually set out in the employment contract.

    If the employee starts work for someone else in their notice period, it is possible to obtain an injunction to prevent … more

    

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