in Employment law innovations - a change for the better? By www.eversheds.com Published On :: 2011-11-18 Aiming for Consistency The Minister for Jobs, Enterprise and Innovation, Richard Bruton, recently announced plans to rest... Full Article
in HR e-briefing 528: Employment Tribunal reform: next steps and other measures By www.eversheds.com Published On :: 2011-11-23 Today, the Government has announced a number of measures aimed at resolving disputes more quickly, reducing the pressure on the employment tribunal system and saving costs for employers and the taxpayer. The Government published its consultation on... Full Article
in HR e-briefing 534: Employment tribunal fees and shortening the 90 day consultation period: what do employers think? By www.eversheds.com Published On :: 2012-01-30 As a follow-up to our previous employer survey on proposals to reform the employment tribunal system, in January 2012 we conducted a second survey seeking views on the introduction of tribunal fees, on the Government’s decision to al... Full Article
in Eversheds' HR e-briefing 538: April employment law changes By www.eversheds.com Published On :: 2012-03-28 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. A number of these changes will take ... Full Article
in Eversheds' HR e-briefing 545: Government reveals employment law changes in Enterprise and Regulatory Reform Bill By www.eversheds.com Published On :: 2012-05-23 The Government has this afternoon published the Enterprise and Regulatory Reform Bill which will, if passed, introduce some of the tribunal and dispute resolution measures previously announced (see HR ... Full Article
in UK HR ebrief: Employment tribunal claims continue on a downward trend By www.eversheds.com Published On :: 2012-09-20 Employment tribunal claims continue on a downward trend At the start of the year, interim figures released regarding the number of employment tribunal claims already indicated a further drop when ... Full Article
in Disciplinary Procedures within the NHS By www.eversheds.com Published On :: 2014-02-04 Chhabra v West London Mental Health NHS [2013] UKSC 80 The case of Chhabra v West London Mental Health NHS [2013] UKSC 80 has once again considered the question of when and how NHS employers should progress disciplinary actions on grounds... Full Article
in Dismissal for discriminatory reasons and just cause By www.eversheds.com Published On :: 2015-07-09 Marcello Floris, Partner at Eversheds Bianchini 23 February 2015 On 20 February 2014 a Decree was passed by the Italian Council of Ministers and is now in force: such Decree contains provisions on open-ended employment contracts covering various top... Full Article
in UK HR e-briefing: Strike changes: 1 March 2017 implementation confirmed By www.eversheds.com Published On :: 2017-02-14 Regulations have confirmed that changes to industrial action law introduced by the Trade Union Act 2016 (‘Act’) will be implemented on 1 March 2017. The changes include introducing: a 50% ballot threshold for voter turnout, a 40% ballot ... Full Article
in UK HR E-briefing: Holiday pay uncertainty ended in employees favour By www.eversheds.com Published On :: 2017-03-01 The Supreme Court yesterday refused British Gas permission to appeal in the holiday pay case of Lock: the Working Time Regulations are properly to be read purposively to give effect to the CJEU ruling in Lock. Crucially, we now know that repres... Full Article
in The beginnings of a value-for-money duty under the SMCR? By www.eversheds.com Published On :: 2017-07-04 The FCA has yet to consult on the extension of the Senior Managers and Certification Regime. However, in its Asset Management Market Study: Final Report, MS15/2.3, the FCA signalled its intention to impose a “prescribed responsibility” u... Full Article
in Something Borrowed, Something New: The FCA's Plan for Extending the SMCR By www.eversheds.com Published On :: 2017-07-27 The FCA has issued its long awaited consultation on extension of the Senior Managers and Certification Regime (also known as “Accountability II”). Consultation Paper (CP17/25), which sets out the “what” and the “why&rdq... Full Article
in The future of HR Management: at the intersection of AI and personal data protection By www.eversheds.com Published On :: 2017-10-11 Recent years have seen an outburst of interest in artificial intelligence. Technologies based on AI have attracted investors all over the world on an unprecedented scale. More and more smart services are becoming a reality. For example, Staples is u... Full Article
in IHC e-briefing 48: The Working Time Directive - European Parliament vote on opt-out and on-call time By www.eversheds.com Published On :: 2008-12-17 The 1993 Working Time Directive lays down basic principles concerning maximum weekly working hours, amongst other things. For some time now, the Council of the EU and the European Parliament have been debating whether the directive should be revised... Full Article
in HR e-briefing 398 - The Working Time Directive - European Parliament vote on opt-out and on-call time By www.eversheds.com Published On :: 2008-12-17 The 1993 Working Time Directive lays down, amongst other things, basic principles concerning maximum weekly working hours. For some time now, the Council of the EU and the European Parliament have been debating whether the directive should be revise... Full Article
in HR e-briefing 404 - TUPE and collective agreements By www.eversheds.com Published On :: 2009-02-26 The Employment Appeal Tribunal has issued a judgment that confirms that TUPE can, in some cases, bind incoming employers to pay increases negotiated by the outgoing employer under a collective agreement after the date of the TUPE transfer. Ba... Full Article
in HR e-briefing 411 - 48 hour opt-out preserved By www.eversheds.com Published On :: 2009-04-30 Despite a last ditch attempt to reach agreement to change the current rules, the 'opt–out' has survived the latest round of European discussions, namely conciliation talks between the European Council and the European Parliament. The opt&ndash... Full Article
in HR e-briefing 412 - the role of HR in responding to the threat of a pandemic By www.eversheds.com Published On :: 2009-05-06 While the recent media reporting of swine flu has dwelt on the obvious health and safety issues, the threat of a pandemic, whether now or in the next few months, also raises some practical challenges for HR departments across the country. Necessary... Full Article
in HR e-briefing 414 - National Minimum Wage increases By www.eversheds.com Published On :: 2009-05-12 After a delay of some two months from the usual release date, the National Minimum Wage (NMW) hourly rates that will apply from 1 October 2009, have been announced today, as follows: Workers aged 22 and over: £5.80 (up from the current &pou... Full Article
in HR e-briefing 416 - fit notes - the new sick notes By www.eversheds.com Published On :: 2009-05-28 The Department for Work and Pensions has today published further details of its proposal to replace GP sick notes with 'fit notes' with effect from April 2010 and has launched a public consultation on the design and content of the new medical certif... Full Article
in HR e-briefing 418 - sickness and annual leave By www.eversheds.com Published On :: 2009-06-10 This morning the House of Lords has handed down its judgment in the case of HMRC v Stringer and others, so concluding the long running saga of how employers should deal with holiday entitlement for those workers who are off sick. The House of Lords&... Full Article
in HR e-briefing no 424 - swine flu - work in progress? By www.eversheds.com Published On :: 2009-08-18 We received an excellent response to our recent survey concerning employer reaction to swine flu (Full Article
in HR e-briefing - Review of the default retirement age By www.eversheds.com Published On :: 2009-08-25 25 August 2009 Review of age discrimination laws – what will the impact be on employers? Last month, the Government announced its intention to bring forward a review of the law around forced retirement. The review concerns the ‘default... Full Article
in HR e-briefing no 425 - sickness and holidays - new European ruling could cause problems for employers By www.eversheds.com Published On :: 2009-09-10 The European Court of Justice (ECJ) has ruled that workers who go on sick leave during a period that has been scheduled as annual leave for the purposes of the Working Time Directive should be allowed to reschedule their holidays, even if that means... Full Article
in HR e-briefing 427 - Fathers are to have longer paternity leave from 2011 By www.eversheds.com Published On :: 2009-09-29 After the recent flurry of headlines announcing that long-standing uncertainty surrounding the extension of maternity pay and paternity rights was over, the Government has this week published details of its plans in the form of draft regulations. T... Full Article
in HR e-briefing 430 - The vetting and barring scheme - the facts By www.eversheds.com Published On :: 2009-10-09 The recruitment practices of many employers stand to be significantly affected by the introduction, from October 12 this year, of the new vetting and barring scheme for those working with children or vulnerable adults. The scheme will apply in Engla... Full Article
in HR e-briefing 434 - The right to request time off to train By www.eversheds.com Published On :: 2009-11-12 Today, the Government’s proposals regarding apprenticeships and training have received Royal Assent in the Apprenticeships, Skills, Children and Learning Act 2009. One of the Act’s provisions in particular is of relevance to all employer... Full Article
in HR e-briefing 443 - some clarification from the EAT on holidays By www.eversheds.com Published On :: 2010-01-18 Today, the EAT has handed down its decision in the case of Lyons v Mitie Security Limited, which involved a claim for holiday pay from an employee whose request to take annual leave did not comply with notice requireme... Full Article
in HR briefing 449 - fit notes to replace sick notes in April 2010 By www.eversheds.com Published On :: 2010-02-01 The Department for Work and Pensions has confirmed that GP sick notes are to be replaced by 'fit notes' with effect from 6 April 2010. The Government consulted on the design and content of the new medical certificate last ... Full Article
in HR e-briefing 454: 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... Full Article
in Eversheds' HR e-briefing 478 - 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... Full Article
in HR e-briefing 482 - Scottish appeal court ruling on annual leave By www.eversheds.com Published On :: 2010-10-21 The Scottish Court of Session has ruled that employers are permitted to schedule leave under the Working Time Regulations (WTR) and Working Time Directive (WTD) so that it falls at a time an employee would not otherwise be working... Full Article
in HR e-briefing 484 - 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
in HR e-briefing - 497 Red tape cuts By www.eversheds.com Published On :: 2011-03-18 The Department for Business, Innovation and Skills (BIS) has revealed that the right to request flexible work arrangements will not be extended to parents of 17 year olds in April as previously announced. Contrary to some reports, the existing law p... Full Article
in Eversheds' HR e-briefing 503: July 2011 Implementation of the Bribery Act confirmed By www.eversheds.com Published On :: 2011-04-05 After many months of speculation and delay, the Ministry of Justice published Government Guidance in respect of the Bribery Act 2010 last week, paving the way for the Act coming in to force on 1 July. Although, as the name suggests, the Act is aime... Full Article
in Eversheds' HR e-briefing 507: Flexible parental leave, working time, equal pay and flexible working - more changes afoot By www.eversheds.com Published On :: 2011-05-16 Today, a consultation has been launched on government plans to: Full Article
in Eversheds' HR e-briefing 511: Bribery Act in force By www.eversheds.com Published On :: 2011-06-27 The Bribery Act 2010 will come in to force this Friday, 1 July 2011. Much has been written about its likely implications. At the start of the debate, it would even be fair to say there was a degree... Full Article
in HR e-briefing 520: Changing terms and conditions; a question of balance By www.eversheds.com Published On :: 2011-09-26 In difficult economic times employers will inevitably look to reduce the costs of employment. However, achieving this in practice can be fraught with legal, practical and also emotive issues. In some circumstances contractual change may be achieved ... Full Article
in HR e-briefing 525: Holidays and sickness latest ruling By www.eversheds.com Published On :: 2011-11-07 The Employment Appeal Tribunal (EAT) has confirmed that workers are only entitled to holiday pay under regulation 16 of the Working Time Regulations 1998 (WTR) when they actually exercise their right to take the leave in question. The EAT made... Full Article
in HR e-briefing 526: CJEU rules on right to carry over holiday accrued whilst on long term sick By www.eversheds.com Published On :: 2011-11-22 Today, the Court of Justice of the European Union (CJEU) has handed down its decision in the case of KHS AG v Winfried Schulte, an important case about whether a worker on long term sick leave has the right to carry forward annual leave accrue... Full Article
in Retail Legal Update: EU appears open-minded about pay between assignment contracts By www.eversheds.com Published On :: 2013-10-30 Having inherited the Agency Workers Regulations 2010 on taking office, the UK Government had pledged to review them. That process is now underway but it seems the EU may pip the Government to the post, having conducted its own review of the parent D... Full Article
in TMT legal update: EU appears open-minded about pay between assignment contracts By www.eversheds.com Published On :: 2013-11-05 Precis Having inherited the Agency Workers Regulations 2010 on taking office, the UK Government had pledged to review them. That process is now underway but it seems the EU may pip the Government to the post, having conducted its own review of the ... Full Article
in Germany: Transformational New Rules on Hiring Temporary Workers By www.eversheds.com Published On :: 2016-10-18 In Germany, the provision of temporary personnel is strictly regulated by the German Temporary Employment Act (“AÜG”). The principle is straightforward: the agency is the employer and supplies the temporary employees to the hirer. A... Full Article
in Evaluating a franchise By www.eversheds.com Published On :: 2005-03-02 For one who is contemplating becoming a self employed business person for the first time, there is more to consider than 'the franchise'. The franchise is merely a method of establishing a business. Of course one has to consider many ... Full Article
in Franchising Focus - Issue 17 By www.eversheds.com Published On :: 2005-05-16 Editorial Last year we devoted an issue of Franchising Focus to the international market place in view of the increasing interest in cross border franchising and in global growth by so many systems. There have been a number of changes in the la... Full Article
in Franchising Focus - Issue 18 By www.eversheds.com Published On :: 2005-08-18 Moldova We are providing more detail on Moldova as the provisions in many respects are quite unusual to an extent which makes one wonder how much the draftsman understood franchising. Moldova's approach has been to provide a Chapter i... Full Article
in E-briefing - New China franchise regulations: replacement of approvals by registration? By www.eversheds.com Published On :: 2007-03-06 Introduction The long-awaited regulations on the Administration of Commercial Franchise Operations (the 'New Regulations') were promulgated by the State Council of the PRC on 6 February 2007, and will take effect on 1 May 2007. They apply equally t... Full Article
in E-briefing - China in Focus By www.eversheds.com Published On :: 2007-11-09 New filing and information disclosure rules relating to franchising regimes in China came into effect on 1 May 2007. Following the implementation of these rules a clearer franchise regime has come into shape in China. The Filing Rules The Fi... Full Article
in Franchising focus By www.eversheds.com Published On :: 2008-07-28 Franchising is expanding Our franchising team is currently working on a number of exciting new instructions. Most of these have an international flavour and it is clear that franchising is now the major way to build brands in other countries. Our ... Full Article
in Tough new fines for breach of data protection law By www.eversheds.com Published On :: 2008-08-07 The Criminal Justice and Immigration Act, which received royal assent on 8 May 2008, introduces a new section into the Act allowing the IC to impose a fine where there has been a serious breach of the eight data protection 'principles' set out in th... Full Article
