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IHC HR e-briefing 104: Which way now? Employment law and the manifestos

Our recent poll sought your views on the areas of employment law you would most like to see reformed following the election. Unfair dismissal protection, employment tribunal practice and procedure and retirement age an...




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IHC HR e-briefing 105 - Age discrimination: a qualification

The Court of Appeal has today handed down an important decision in the context of age discrimination and criteria for career progression. Endorsing the earlier judgement of the Employment Appeal Tribunal, the Court has found that ...




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IHC HR e-briefing 106: the coalition - prospects for employment law?

The Conservative and Liberal Democrat Coalition Agreement provides some clues as to the future development of employment law under the new Government. The seven page document is an interim agreement and will be followed "in due course" by a final Co...




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IHC HR e-briefing 107: balloting requirements for industrial action

A growing number of successful injunctions against trade unions to halt strikes is attracting increasing media attention. Arguments will undoubtedly continue about whether such injunctions are undemocratic, or simply reflec...




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IHC HR e-briefing 108 - Queen's Speech developments

For employers, what a new government might bring to bear in a difficult financial climate was glimpsed at in the party manifestos (see our previous Full Article



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IHC HR e-briefing 110 - Vetting and barring scheme implementation halted

This morning, the Home Secretary, Theresa May, announced that the new vetting and barring scheme for people who work with children or vulnerable adults is to be "brought to a halt" pending review. The scheme, the scope of which is defined by the Saf...




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Eversheds' IHC HR e-briefing 112: Employment Tribunal claims soar

Statistics for 2009-10 released by the Tribunals Service this week reveal that claims to employment tribunals have dramatically increased this year. Despite an overall drop in 2008-9, when the number of claims was 151,028, claims have soared to 236,...




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IHC HR e-briefing 113 - Is this farewell to the "Two Tier" Code?

There are rumours that Government is set to withdraw the so called "Two Tier Code" in public sector outsourcing contracts, a move which would represent a significant policy change, albeit not an unexpected one. Abandoning the Code would be likely t...




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IHC HR e-briefing 114 - Uncertainty over future of paternity leave

Comments made in Parliament yesterday by Theresa May, Minister for Women and Equalities, suggest that regulations introduced by the Labour government to extend paternity leave for fathers could be postponed and, ultimately, rewritten by the coalitio...




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IHC HR e-briefing 116 - Default retirement age to be abolished next year

Default retirement age to be abolished next year The Government has this morning confirmed that it plans to abolish the default retirement age (DRA) next year. The aim is that from 6 April 2011 the statutory retirement procedure in Schedule 6 of th...




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IHC HR e-briefing 117 - Disability discrimination: in preserving the status quo, the Court of Appeal takes a radical leap!

The Court of Appeal has approved the application of the House of Lords decision in the case of London Borough of Lewisham v Malcolm [2008] IRLR 700 to employment-related cases. See our previous HR e-briefing 366 for further information. In many res...




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IHC HR e-briefing 118 - The ECJ clarifies the effect of a relevant transfer on trade union recognition

After more than 10 years of European legal protection for employees in the event of a relevant transfer, many aspects of the Transfer of Undertakings Directive 2001 (Council Directive 2001/23/EC) and its predecessor have by now been litigated over a...




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IHC HR e-briefing 119 - Equality Act 2010: public sector duties

The Government Equalities Office (GEO) has launched a consultation into the specific public sector duties that it intends to apply to certain public bodies pursuant to section 153 of the Equality Act 2010. The proposals affect public bodies operati...




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IHC HR e-briefing 120 - Legal professional privilege and in-house lawyers: EU declines to extend the scope

Those in legal practice are all too aware of the benefits but also the limitations of legal professional privilege, none more so than lawyers working in-house. Where such protection arises in the context of UK practice is reasonably well settled. Ho...




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IHC HR e-briefing 122 - Employment law changes from 1 October 2010

We have set out below a summary of the notable legislative changes from 1 October 2010. Equality Act 2010 Regulations have recently confirmed which parts of the Equality Act 2010 will take effect on 1 October this year and which parts are currentl...




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IHC HR e-briefing 123 - European case set to boost paternity rights

A new ruling from the Court of Justice of the European Union (CJEU) suggests fathers who take advantage of new rights to extended paternity leave from April next year could be entitled to the same rights and benefits from their employer as women who...




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IHC HR e-briefing 125 - Equality Act 2010: public sector duties in Wales and Scotland

The Scottish Government and the Welsh Assembly Government have issued consultation documents setting out their plans for specific duties for their respective relevant public bodies. These specific duties will supplement the new general duty, introdu...




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IHC HR e-briefing 126: Two new European Court rulings on age discrimination

The Court of Justice of the European Union (CJEU) has handed down two important judgments on age discrimination this week. The first, on retirement, will be of interest to those employers deciding whether to retain a compulsory retirement age follow...




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IHC HR e-briefing 128 - Important TUPE case on non contractual employers

Does the transferor need to be the employer? This may sound a strange question in abstract but, in the context of group companies, can be a highly relevant issue to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). In...




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IHC HR e-briefing 129 - Court of Appeal decides collective redundancy consultation law is unclear

The Court of Appeal has today cast doubt on existing domestic case-law on when the obligation to consult begins under section 188 TULRCA and the EU Collective Redundancies Directive. Having considered two opposing views as to when consultation begin...




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IHC HR e-briefing 130 - Annual Limit for Non-European Workers

On 23rd November, the Home Secretary, Theresa May, made the long awaited announcement regarding the limits for workers from outside Europe which will come into effect in April 2011. In July 2010 interim limits were brought into effect to prevent a s...




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IHC HR e-briefing 131 - Data protection: ICO flexes muscles with first use of new fines power

The ICO has announced its first use of its recent power to issue fines or monetary penalties for serious breaches of the data protection legislation. The power became effective in April 2010 (see Full Article



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IHC HR e-briefing 132 - Update on the Two-Tier Code

Last month we commented upon speculation that the Government planned to withdraw the Cabinet Office statement of practice on workforce matters, “Two-Tier Code” (Full Article



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IHC HR e-briefing 133 - Government confirms October abolition of default retirement age

The Government has today published a response to its public consultation on plans to abolish the default retirement age. Although the regulations by which this will be effected are unlikely to be published for a few weeks, the Government has confirm...




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IHC HR e-briefing 134 - Employment Tribunal reform: a promising start

The Government has today published a consultation on employment tribunal reform.  The consultation floats a wide-range of proposals, going well beyond the measures which were rumoured to be up for consideration. The consultation document inclu...




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IHC HR e-briefing 135 - New tax rules may impact on employee rewards and incentives

New draft legislation may adversely impact on commercial arrangements which have been put in place by employers to reward and/or incentivise employees or which employers may wish to use in the future. The new legislation relates to 'Disguised Remune...




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IHC e-briefing 136 - Scaling down for Vetting and Barring

The government has today published the Protection of Freedoms Bill. The Bill contains many proposals, but those of most significance to employers are those which are the result of an extensive review of the vetting and barring system, and which incl...




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IHC HR e-briefing 137 - Retirement abolition regulations not as expected

The government has laid before Parliament the draft Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 aimed at abolishing the default retirement age. However, in the version seen by Eversheds, the transitional arrangements f...




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IHC HR e-briefing 138 - EAT decides key case on TUPE and insolvency

Against a backdrop of difficult economic times, the appeal decision in Olds v Late Editions (and other cases) has been keenly awaited in the hope that it would clarify the application of TUPE law to insolvent businesses. A key question sits at the h...




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IHC HR e-briefing 140 - Retirement regulations amended

The Government has laid before Parliament a revised draft of the Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 which are intended to abolish the default retirement age. The new regulations correct a pr...




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IHC HR e-briefing 142 - 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' IHC HR e-briefing 144: Progress on public sector specific equality duties

The Government Equalities Office (GEO) is proposing to make significant changes to the planned specific equality duties that will apply to certain public bodies in England, as well as some operating across Great Britain. The Welsh Assembly Governme...




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Eversheds' IHC HR e-briefing 145: Local government two-tier code to be scrapped

The Government has confirmed that the Code of Practice on Workforce Matters in Local Authority Service Contracts is to be withdrawn. It is not yet clear when the withdrawal will take effect. The Code applies in England and Wales to local authority ...




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Public Sector Pensions Speedbrief: Supreme Court refuses Government permission to appeal in public sector age discrimination cases

It has been reported that on 27 June 2019, the Supreme Court denied the Government’s request for permission to appeal against the Court of Appeal’s decision in the cases of McCloud and Sargeant regardi...




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Speedbrief: The Pension Schemes Bill – was it worth the wait?

Eighteen months ago, the Government published a white paper on protecting DB pension schemes.  This was followed by consultations on a variety of matters, including a stronger Pensions Regulator, the introduction of collective defined contribut...




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Procurement Briefing Issue 1 2006 - The new procurement Directives

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Procurement Briefing Issue 2 2006 - EC procurement thresholds from 31 January 2006

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Procurement Briefing Issue 3 2006 - Competitive dialogue - A brave new world

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Procurement Briefing Issue 4 2006 - Awarding contracts to in-house companies

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Procurement Briefing Issue 1 2007 - Bidder beware?

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Procurement Briefing Issue 2 2007 - Tendering burdens removed in electricity and gas supply markets

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Affordable housing construction briefing: the Remedies Directive

How important is public procurement to the public sector? Many contracting bodies incur more expenditure each year on externally provided works, services and supplies than they do on their own workforce, but focus typicall...




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Eversheds HR e-briefing 543: Queen's Speech: what news for employment law?

As part of the State opening of Parliament, the Queen today set out the government’s plans for legislation over the course of the new parliamentary session.  Disappointingly, however, the Queen’s Speech contained...




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Brexit Briefing: Cross Border Employees and Social Security Contributions

  1. Brexit Implications for Social Security Contributions 1.1 If the UK leaves the EU there may be social security implications for UK employers who have employees working in the EU, EEA or Switzerland. If there is a no deal Brexit then action...




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HR e-briefing 397 - EU agrees major changes to European Works Councils

The European Parliament agreed to a new 'recast' version of the European Works Council (EWC) Directive on Monday 15 December and this was confirmed when MEPs voted in favour on Tuesday 16 December. The recast EWC Directive is now expected to be...




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HR briefing 450 - new blacklisting regulations now in force

The Government has today implemented new regulations (The Employment Relations Act 1999 (Blacklists) Regulations 2010) to outlaw the compiling and use of trade union blacklists. The regulations also aim to stop trade union...




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HR e-briefing 464: balloting requirements for industrial action

A growing number of successful injunctions against trade unions to halt strikes is attracting increasing media attention. Arguments will undoubtedly continue about whether such injunctions are undemocratic, or simply reflec...




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Eversheds' HR e-briefing 468 - Temporary cap on non-EU migration and launch of consultation on permanent annual cap

On Monday, the Home Secretary, Theresa May, launched the consultation document for the proposed permanent annual limit on non-EU economic migration. At the same time, details of a temporary limit to operate in the interim period until April 2011 wer...




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HR e-briefing 494- Key strike law decision from Court of Appeal

The law relating to industrial action is complicated and many aspects are unclear, mainly because of conflicting court decisions, complex statutory rules or because of the absence of judicial interpretation. In particular, uncertainty exists over th...




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IHC HR e-briefing 141 - Key strike law decision from Court of Appeal

The law relating to industrial action is complicated and many aspects are unclear, mainly because of conflicting court decisions, complex statutory rules or because of the absence of judicial interpretation. In particular, uncertainty exists over th...