Employment Law
Can you make a pregnant employee redundant?
It’s a common misconception amongst employers that an employee cannot be dismissed by reason of redundancy when she is on maternity leave. There are rules (not dealt with in this article) giving a redundant employee who is on maternity leave a preferential position when it comes to the allocation of alternative employment. But such an […]
Read moreEmployment Tribunal Fees – a barrier to justice?
The Government has confirmed the level of fees for bringing employment tribunal claims which are to be implemented this summer. The fees are slightly lower than initially proposed, but nonetheless they represent a significant departure from the existing system which allows a claim to be made free of charge. The Government’s intention is to encourage […]
Read moreTUPE – What goes around, comes around
“Fashion! Turn to the left. Fashion! Turn to the right” sang David Bowie on his 1980 album, “Scary Monsters”. Many things in life are victims of fashion whether the height of ladies’ hems, the width of lapels or the presence or absence of turn-ups (remember them?). It’s not often that any aspect of the law […]
Read moreCrossed Wires
This week the European Court of Human Rights gave its ruling on a quartet of cases loosely bundled under the heading of religious rights (in this case, Christian rights, although the court decision sets a precedent for similar issues regarding any religion). What is surprising is not the decisions themselves, but the media response. For […]
Read moreIs the new State Pension overhaul a step in the right direction?
A new flat-rate state pension to be paid to new pensioners reaching state pension age from the estimated date of 6th April 2017 was outlined by the Government yesterday. David Cameron spoke of his aim to simplify the system by merging the state second pension with the basic state pension in order to create one […]
Read moreEmployment Law Update: Changes to Employment Tribunal award limits and a “week’s pay”
The new tribunal compensatory award limits and the increase in a “week’s pay” have been announced. The changes, which reflect a Retail Price Index increase of 2.6%, will take effect from 1 February 2013 and are as follows: The maximum compensatory award for unfair dismissal will rise from £72,300 to £74,200 The maximum limit on a […]
Read moreEmployee-Shareholder Contracts
I commented on George Osborne’s plans for a new type of “employment contract” on 10 October 2012. Since the proposal for this came to light the reviews have been mixed. In fact, it would be fair to say that the response has been rather unenthusiastic. It is notable that 92% of respondents surveyed in the […]
Read moreJust another Manic Monday
A term in an employment contract which restricts the employee’s activities after termination will be void for being in restraint of trade and against public policy. However, such a term will be enforceable where the employer can show that they have a legitimate interest to protect and that the protection which they are seeking is […]
Read moreA Modern Approach to Parental Leave
This week, Government Ministers have announced details of their proposals for a new, more flexible approach to parental leave in order to reflect working arrangements in modern day families. The proposals aim to introduce the ability for both parents to take parental leave together, or in turns, and have a legal right to request flexible […]
Read moreGeorge Osborne plans for new type of Employment Contracts
“Get shares and become owners of the company you work for. Owners, workers and the taxman, all in it together” George Osborne optimistically declared. The Issue Earlier this week the Chancellor of the Exchequer, George Osborne, announced the introduction of a new type of employment contract that could potentially alter the legal landscape for employers […]
Read moreCable announces Employment Law reform proposals
Last week, the Business Secretary Vince Cable announced his proposals to reform UK employment law. Employment law reform has been a hot topic for some months, especially since the controversial Beecroft Report was published earlier this year. The Government continues to look for ways of encouraging growth by giving employers the power to deal with […]
Read morePlayers, salaries and . . . . . . the ‘Micawber Principle’!!
The character Mr Micawber in Charles Dickens’ David Copperfield is a good source of quotes on the subject of happiness. In the novel, Micawber, an eternal optimist, is repeatedly convinced that ‘something will turn up’. His name is often used to refer to someone who lives in a constant expectation of a better life. A […]
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