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HR e-briefing 232 - Resolving workplace disputes: first EAT decision

For the past 14 months, cases clarifying the complex statutory dispute resolution procedures have been eagerly awaited. Our patience has been rewarded by a sudden flurry of cases all of which deal with the statutory grievance procedures (SGPs). In t...




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HR e-briefing 233 - More EAT decisions on the Statutory Grievance Procedures

The first EAT decision on the statutory grievance procedures (SGPs), Thorpe v Poat and Lake was reported in briefing 232. Hot on its heels come four further EAT decisions ( Sher...




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HR e-briefing 299 - Notice pay may be taxed

The extent to which payments in lieu of notice (PILONs) may attract tax has for a long time been a complex issue and one which has not always received consistent treatment by HM Revenue and Customs. The issue is straightforward if the payment is ma...




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International HR briefing - France

Amicable terminations: a new way to terminate ?   Apart from dismissal and resignation, French law provides for a third way to end an employment contract: the amicable termination. However, this way is rarely encountered in practice, especiall...




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International HR briefing - Switzerland

Protection against unfair dismissal during the probationary period Introduction The key sources of Swiss labour law are to be found in Arts. 319 - 362 of the Swiss Code of Obligations and in the Swiss Federal Labour Act. In comparison to most othe...




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IHC e-briefing no 12: ACAS launches consultation on draft Discipline and Grievance Code

Background The Employment Bill is currently on its passage through Parliament and will, when enacted, have a significant impact on dispute resolution within the employment relationship. It is anticipated that relevant provisions within the Bill wil...




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HR e-briefing 355 - ACAS launches consultation on draft Discipline and Grievance Code

The repeal of the fated statutory dispute resolution procedures moved a step closer last week when ACAS issued, in draft, a revised Code of Practice on Discipline and Grievance for consultation.  The Code has been significantly amended and simp...




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HR e-briefing 405 - European age discrimination ruling with a sting in its tail

The European Court of Justice (ECJ) has this morning given a ruling that represents a significant victory for the charity Age Concern in their fight to have certain parts of UK age discrimination legislation ruled unlawful. As expected, the ECJ has...




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HR e-briefing 417 - unfair dismissal awards to rise with redundancy pay

In e-briefings Full Article



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HR e-briefing 421 - dismissal by letter

You have written a dismissal letter and can now relax in the knowledge that what was an unpleasant experience for all concerned is concluded. Or can you? When does the employment end? Is it the date you wrote the letter, the date it is posted, the d...




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HR e-briefing 429 - employment tribunal statistics for 2008/09

Despite an overall drop in the number of claims last year, statistics for 2008-09 released by the Tribunals Service last week reveal that claim numbers remain high at 151,028 and the majority of claim types rose in that period. The latest statisti...




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HR e-briefing 441 - Maximum compensatory award reduced for 2010

The Government has today announced, just as predicted, a fall in RPI-linked compensation limits. The maximum compensatory award for unfair dismissal will decrease from £66,200 to £65,300 for effective dates ...




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HR e-briefing 442 - tribunals to blow the whistle from April

This morning, the Government has clarified its proposals to enable employment tribunals to pass on whistle-blowing allegations, raised in ET1 claim forms, to the relevant regulatory authorities. New powers are to be introduced ...




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HR e-briefing 445 - Right to legal representation at internal hearings

When asked whether employees have the legal right to bring a lawyer to internal disciplinary hearings, most employers would say no. Indeed, most organisations have formulated policies around the statutory provisions, which refe...




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HR e-briefing - 496 Changes to pay procedures

From 6 April 2011 significant changes will be made to the operation of PAYE on both payments made to employees following the termination of their employment and on the engagement of new employees who fail to provide a P45. From that date, employers ...




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Eversheds' HR e-briefing 513: Termination Payments – Parting on good terms

The Employment Appeals Tribunal has issued a decision this week which highlights a potential pitfall for employers who fail to identify correctly the nature of a termination payment. Payments expressed to be “ex-gratia” (ie paid without ...




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HR e-briefing 527: BIS announcements on collective consultation and protected conversations

Today, Vince Cable has announced a number of measures with the stated aim of making “it easier for businesses when taking on, managing and letting go their staff, while also being fair to workers”. As well as announcing further details ...




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HR e-briefing 536: New Regulations pave the way for April’s employment tribunal changes

Last year the Government announced a number of measures aimed at resolving workplace disputes more quickly, reducing the pressure on the employment tribunal system and saving costs for employers and the taxpayer. In November, amid...




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Eversheds' IHC e-briefing 195: Enterprise and Regulatory Reform Bill update - Headline news but little detail

In our briefing of 23 May 2012, we reported the publication of the Enterprise and Regulatory Reform Bill, legislation which proposes various measures to improve resolution of employment disputes and tribunal refo...




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UK HR e-brief: Employment Tribunal fees to be introduced next summer

Employment Tribunal fees to be introduced next summer The Government has today published its Full Article



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Directors' conflicts of interests - are you ready for 1 October 2008?

From 1 October 2008, all directors have a duty under the Companies Act 2006 to avoid actual or potential conflicts between the duties they owe to a company and either their personal interests or other duties owed to third parties.   There are a...




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Local authority highways maintenance PFI - on the road to success?

Central government funding has long been focused on social infrastructure such as schools and housing - with massive programmes of investment such as Building Schools for the Future. Infrastructure such as roads and bridges has not typically been fu...




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Refinancing and the credit crunch: new rules from 1 November

The credit crunch has affected all areas of life. It is now bringing about changes to the main guidance on UK private finance initiative (PFI) projects: the Standardisation of PFI Contracts (SoPC4). It has been clear in recent months that the ...




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The Draft Construction Contracts Bill: what does it mean for the private finance initiative industry?

In July this year, the Department for Business Enterprise & Regulatory Reform put forward the Draft Construction Contracts Bill (the 2008 Bill). A number of important changes have been proposed by the 2008 Bill,  but, most importantly for p...




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To disclose or not to disclose? New Freedom of Information guidance for procurement information

Procuring authorities and private sector contractors have for some years struggled with the application of the Freedom of Information Act to PFI/PPP procurement processes, and to the legal documentation that results from them. Procuring authorities...




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An important new measure for PFI projects

£2bn Government boost to PFI The latest budget has included an important measure for PFI projects. The Government will spend up to £2bn this year to rescue PFI projects which are struggling to reach financial close. The Treasury Infras...




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PPP: a win-win situation for the public and private sectors

Public-Private Partnerships have become an effective way for Government to raise finances for large infrastructural projects, especially considering the current situation of most public coffers. Business Agenda speaks to Tomasz Korczynski about how ...




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Legislation update: the Enterprise Act 2016 and the Concession Contracts Regulations 2016

Enterprise Bill 2016 On 4 May 2016, the Enterprise Act 2016 (“the Act”) received Royal Assent. The Act will be commenced in stages and has been enacted to help promote the growth of enterprise and small businesses within the UK. One of the main prov...




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Project Financing in Qatar: A case of evolution

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Hydrogen: Fuelling the next generation of rail travel?

Rail prides itself as being a green alternative to competing modes of transport, and with hydrogen-powered trains now a viable proposition, can this fuel a step-change in the pursuit of new low carbon rail services? There have been a number of recen...




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Coronavirus - Employment law update - South Africa

Overview Our previous briefing on this topic (Coronavirus: Implications for Employers) set out the main issues facing employers when dealing with the CoVID-19 outbreak. In this briefing we address some common...




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Coronavirus - Employment update - Sweden

Overview Our previous briefing on this topic (Coronavirus: Implications for Employers) set out the main issues facing employers when dealing with the CoVID-19 outbreak. In this briefing we address some of the more common questions raised by Swedish ...




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Coronavirus - Employment law update - Austria

1. Overview Our previous briefing on this topic (Coronavirus: Implications for Employers) set out the main issues facing employers when dealing with the CoVID-19 outbreak. In this briefing we address some of the more common ...




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UK labour law quarterly update – March 2020

Welcome to our March UK labour law quarterly update. This edition contains the following content: News round-up Trade unions and Covid-19 Trade union blacklisting claims on the rise during employment disputes Recent labour case law Full Article



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PRA letter on board diversity

David Bailey, Director of International Banks Supervision, and others at the Prudential Regulation Authority (PRA) have written to Solvency II insurers, large non-Directive firms (NDFs) and Capital ...




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Coronavirus – COVID 19-Guideline for Employers – Germany

What should employers consider? The existing risk of infection and disease must be explained to the employees and they must be informed of precautionary measures and indicated conduct (disinfection, washing hands). The (always up-to-date) informati...




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Coronavirus - Employment law update - Romania

Overview Our previous briefing on this topic (Coronavirus: Implications for Employers) set out the main issues facing employers when dealing with the CoVID-19 outbreak. In this briefing we address some of the...




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Coronavirus - Employment law update - Ireland

Our previous briefing on this topic (Coronavirus: Implications for Employers) set out the main issues facing employers when dealing with the CoVID-19 outbreak. In this briefing we address some of the more common quest...




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Coronavirus - FAQ short-time work - Germany

What is short-time work? One is speaking about short-time work when working hours and correspondingly also remuneration are temporarily reduced due to a considerable loss of work. Short-time work is introduced in an establishment if full capacity u...




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Coronavirus – Income protection – Europe

The COVID-19 global pandemic has moved faster than anyone could have anticipated and governments across the world have rushed to shore up protection on two key fronts: the health of the public and the economy. In the UK, measures were introduced by ...




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Coronavirus – Does the Mine Health and Safety Inspectorate and the Department of Employment and Labour have the power to issue Compliance Instructions, Force Majeure, and Covid-19 as an Occupational Disease?

On 17 March 2020, we sent out an e-Brief: Occupational Health and Safety: COVID-19 (click here to access this e-brief) where we discussed the responsibilities which are placed on employers in terms...




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Worker's Rights ACt guide 2019 - Mauritius

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Coronavirus – Emergency volunteering leave - UK

Updated 30/3/20 The Coronavirus Act 2020 was enacted on 26/3/20 and introduces a new statutory emergency volunteering leave, to support health and social care authorities. The Act’s provisions on volunteering leave are expected to be implement...




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Coronavirus - Employment law update - Lithuania

Overview Our previous briefing on this topic (Coronavirus: Implications for Employers) set out the main issues facing employers when dealing with the COVID-...




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Coronavirus - Overview of the impacts of the lockdown in Mauritius Part I - National Measures

National Measures 1. Foreign travel restrictions All foreign travel through the port and the airport of Mauritius have been banned from 19 March to 02 April 2020. 2. National curfew The Curfew  Order: In connection with the unfavourable develop...




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Coronavirus - Reservists are mobilised - impact on employers - UK

With the Ministry of Defence (MOD) announcing that they are expecting to mobilise up to 3,000 armed forces reservists to aid the military response to the coronavirus pandemic for at least six months, employers with reservist employees will be affect...




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Coronavirus - FAQs on employment law - Tunisia

We are here for you Considering the development of the pandemic COVID-19, our highly experienced team of fee earners and counsels remains committed to providing continued services for our clients during this period. Therefore, the use of communicati...




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Coronavirus – Employment law – Belgium

Strict social distancing measures have been taken in Belgium due to the spread of the COVID-19 within our country. The measures announced are (for now) applicable until 19 April 2020 inclusive. Population is expected to stay at home, except mainly t...




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Coronavirus - New Guidance: Government update on the Coronavirus Job Retention Scheme - UK

On Friday 20 March 2020, the Chancellor announced a new “Coronavirus Job Retention Scheme” (the Scheme) to help pay people’s wages. Updated Guidance on the Scheme was issued on 4 April 2020 (the Updated Guidance). This Alert seeks ...




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Coronavirus: Hong Kong Employers, travel industry receive support – Hong Kong

On 8 April 2020 the Hong Kong Government announced a second round of Anti-Epidemic Fund measures. While full details have yet to be released, we summarise the available information for some of the more significant measures: Employment Support Schem...