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

By www.eversheds.com
Published On :: 2010-01-15

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

By www.eversheds.com
Published On :: 2010-01-20

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

By www.eversheds.com
Published On :: 2011-03-17

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

By www.eversheds.com
Published On :: 2011-07-01

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

By www.eversheds.com
Published On :: 2011-11-23

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

By www.eversheds.com
Published On :: 2012-02-13

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

By www.eversheds.com
Published On :: 2012-06-12

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

By www.eversheds.com
Published On :: 2012-07-13

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


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Affordable housing construction briefing: Local Democracy, Economic Development and Construction Act

By www.eversheds.com
Published On :: 2010-02-23

No hurry to change your construction documents The most significant piece of legislation for the UK construction industry, Part II of the Housing Grants, Construction and Regeneration Act...


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Affordable housing construction briefing: contractor insolvency - warning signs

By www.eversheds.com
Published On :: 2010-02-23

In the current uncertain times it is common to hear rumours of financial difficulties at contractors and sub-contractors which are bound to cause concern for employers on construction works. However, there are a number of steps yo...


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Affordable housing litigation e-briefing: when is a RSHP not a public authority?

By www.eversheds.com
Published On :: 2010-04-01

After the recent decision in R (Weaver) versus London and Quadrant Housing Trust [2009] EWCA Civ 587 the answer, more frequently than not, will be when it is not acting as a 'hybrid authority' and not exercising the pow...


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Eversheds' developers and construction e-briefing: Special report on changes to construction contracts

By www.eversheds.com
Published On :: 2011-07-04

Special report on changes to construction contracts to come into force on 1 October 2011 The statutory framework that governs all construction contracts is changing on 1 October 2011.Part II of the Housing Grants, Construction and Regeneration Act 1...


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Eversheds' developers and construction e-briefing: Implications of recent disturbances on the Construction Sector

By www.eversheds.com
Published On :: 2011-08-12

Welcome to some important ‘news’ for the Developer & Construction sector. I predict a riot: What you need to consider if your building site is impacted by the recent disturbances The current riots/disturbances in cities across Engl...


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Education Briefing - Next step for the mutualisation agenda

By www.eversheds.com
Published On :: 2015-06-25

With the dust settling after the recent General Election, it is possible to better speculate as to the likely direction of travel of the new Conservative government. The new administration has a slim majority, therefore, there still may be an elemen...


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Education Procurement Briefing: Supreme Court dismisses Edenred's challenge to the government's decision not to tender for the administration of a new childcare scheme

By www.eversheds.com
Published On :: 2015-07-09

In Edenred (UK Group) Ltd v (1) Her Majesty’s Treasury (2) Her Majesty’s Commissioners for Revenue and Customs (HMRC) (3) National Savings and Investments [2015] UKSC 45, the Supreme Court unanimously dismissed Edenred’s challenge ...


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IHC HR e-briefing 98: vetting and barring scheme guidance

By www.eversheds.com
Published On :: 2010-03-23

Last Friday, the Home Office issued comprehensive guidance to assist employers and volunteer organisations in properly implementing the vetting and barring scheme. October 2009 saw the introduction of barred lists (which replaced t...


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IHC HR e-briefing 99: EU prompts complete rethink of Working Time Directive

By www.eversheds.com
Published On :: 2010-03-24

The EU Commission has today taken the first step towards a comprehensive review of the Working Time Directive (WTD). This is despite last year's failure to agree changes to the treatment of on-call time or amendments to the 48 hou...


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IHC HR e-briefing 100: the right to request time off for training or study the right to request time off for training or study

By www.eversheds.com
Published On :: 2010-04-06

From today, a new right for employees to request time off work to undertake training or study applies to all businesses in England, Scotland or Wales with 250 or more employees. For employers familiar with the right to requ...


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

By www.eversheds.com
Published On :: 2010-04-14

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

By www.eversheds.com
Published On :: 2010-04-27

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?

By www.eversheds.com
Published On :: 2010-05-13

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

By www.eversheds.com
Published On :: 2010-05-19

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

By www.eversheds.com
Published On :: 2010-05-25

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

By www.eversheds.com
Published On :: 2010-06-15

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

By www.eversheds.com
Published On :: 2010-07-07

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?

By www.eversheds.com
Published On :: 2010-07-22

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

By www.eversheds.com
Published On :: 2010-07-23

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

By www.eversheds.com
Published On :: 2010-07-28

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!

By www.eversheds.com
Published On :: 2010-07-30

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

By www.eversheds.com
Published On :: 2010-08-05

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

By www.eversheds.com
Published On :: 2010-08-23

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

By www.eversheds.com
Published On :: 2010-09-17

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

By www.eversheds.com
Published On :: 2010-09-27

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

By www.eversheds.com
Published On :: 2010-10-01

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

By www.eversheds.com
Published On :: 2010-10-12

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

By www.eversheds.com
Published On :: 2010-10-15

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

By www.eversheds.com
Published On :: 2010-10-27

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

By www.eversheds.com
Published On :: 2010-11-09

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

By www.eversheds.com
Published On :: 2010-11-25

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

By www.eversheds.com
Published On :: 2010-11-25

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

By www.eversheds.com
Published On :: 2010-12-14

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

By www.eversheds.com
Published On :: 2011-01-13

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

By www.eversheds.com
Published On :: 2011-01-27

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

By www.eversheds.com
Published On :: 2011-02-03

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

By www.eversheds.com
Published On :: 2011-02-11

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

By www.eversheds.com
Published On :: 2011-02-17

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

By www.eversheds.com
Published On :: 2011-02-18

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

By www.eversheds.com
Published On :: 2011-03-02

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

By www.eversheds.com
Published On :: 2011-03-17

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

By www.eversheds.com
Published On :: 2011-03-23

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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