Archives

Archives / 2014 / February
  • Legal round-up so far...

    Tags: TUPE, Employment Law Reforms, Flexible Working, Discrimination

    You will all agree with me when I say that last year was a busy year for employment law, so it will not come as any surprise that we will see much of the same in 2014! So what’s on the agenda (this side of the year)?

    TUPE

    On 31 January the revised TUPE regulations came into force. Here’s a summary of the changes:

    Collectively negotiated provisions will not bind a transferee (NewCo) if they are agreed and come into force after the date of the transfer, and NewCo was not a party to the agreement.

    A dismissal will only be automatically unfair if it is “by reason of the transfer” unless there is an Economical, Technical and Organisation (ETO) reason entailing changes in the workforce. The provisions relating to a reason connected to the transfer have been … more

  • How will the new mandatory ACAS Conciliation affect you?

    Tags: ACAS, Employment Law, Employment Tribunal

    Mandatory ACAS conciliation has been bandied about for the best part of a year, and it’s finally coming into play on 6 April 2014. So will this new concept revolutionise the concept of early settlement?

    This remains to be seen, however for the first time since the creation of Employment Tribunals (then called Industrial Tribunals) in 1964; all potential claimants will need to contact ACAS before submission of a claim. The idea is that ACAS will offer the opportunity for Early Conciliation (EC) and this will lead to resolution of the dispute saving parties time and cost.

    Whether you are a potential claimant or respondent the burning question will be how will it work? Well, there will be four steps to the procedure which will be administered through ACAS:

    1.    … more

  • Right to be Accompanied: Position Affirmed

    Tags: Unfair Dismissal, Disciplinary process, Employment Law, Employment Tribunal, Right to be Accompanied

    Observant readers will recall that back in August 2013 we reported on the highly pertinent issue of an employee’s right to be accompanied to a disciplinary or grievance hearing. The case illustration was that of Toal v GB Oils Ltd which considered the position when an employee is refused their first choice of companion. The Employment Appeals Tribunal (“EAT”) decided this would amount to a breach of the statutory right to be accompanied under section 10 of the Employment Relations Act 1999.

    The question of whether a worker’s right to be accompanied is limited only by the reasonableness of their request was recently raised again as to whether the Toal decision was correct.

    A separate division of the EAT found that the Toal decision was the correct approach in … more

  • Unfair Dismissal and Prior Warnings

    Tags: Unfair Dismissal, Warnings, Employment Law, Employment Tribunal, ACAS Code of Conduct

    The use of warnings as a disciplinary tool by employers and the litigation that can sometimes result from this can be a rather confusing area of employment law. This may well be due to the historic alterations in the relevant law.

    Prior to April 2009 there was a statutory three-stage disciplinary procedure in place, which while relatively clear and understandable, was overly rigid and so was replaced by the current ACAS Code of Practice. This then left employers to their own devices in putting disciplinary policies in place, including how to stage warnings leading towards the dismissal of an employee.

    In the recent Employment Appeals Tribunal (“EAT”) case of Rooney v Dundee City Council, the question was considered as to whether it is within the range of reasonable … more

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  • Advice for Employers on Accommodating Parents with Premature or Sick Babies

    Tags: Maternity Leave, Maternity Rights, Maternity Pay, Statutory Maternity Pay, Premature or Sick Babies, MAT B1, Maternity Allowance

    Every year, over 95,000 babies (or 1 in 8 babies born) are cared for in neonatal units in the UK due to premature birth or sickness. While some pregnancies inherently pose a higher risk for premature birth, such as twins and multiples, there is no guarantee a mother will be able to carry to-term.  

    Depending on how premature or sick the babies may be at birth, parents might find that their babies have to stay weeks or months in hospital, and some of these babies may continue to be at risk even after being discharged. In some cases, the babies may be transferred to a different or specialist hospital if the treatment or care they require is not available in the area in which they are born.  

    Maternity Leave: 

    Doctors and midwives must issue the pregnant … more

    

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