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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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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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Increase in rent threshold for assured tenancies and assured shorthold tenancies

By www.eversheds.com
Published On :: 2010-09-28

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EU Procurement Thresholds in the UK are falling in 2016!

By www.eversheds.com
Published On :: 2015-12-03

The European Commission has recently revised the financial thresholds above which public procurement rules apply with these changes applying to the current EU Directives from 1 January 2016. This means that the thresholds applicable to contracts reg...


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Getting the Deal Through: Public Procurement 2017

By www.eversheds.com
Published On :: 2017-08-08

The 2017 edition of the Getting the Deal Through: Public Procurement is now live. The Polish chapter has been developed by Tomasz Zalewski, head of the public procurement team at Wierzbowski Eversheds Sutherland. The contributing editor of the Guide...


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Getting the Deal Through: Public Procurement 2018

By www.eversheds.com
Published On :: 2018-08-07

The 2018 edition of the Getting the Deal Through: Public Procurement is now live. The contributing editor of the Guide is Totis Kotsonis, competition lawyer and head of procurement at Eversheds Sutherland. The publication contains expert local insig...


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Getting the Deal Through: Public Procurement 2019

By www.eversheds.com
Published On :: 2019-07-10

Witold Slawinski, head of our tech & engineering team, contributed to the guide "Public Procurment 2019" - expert local insight into public procurement procedures in 34 jurisdictions, addressing such crucial topics as: legislative framework, app...


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New Thresholds under the Procurement Regulations

By www.eversheds.com
Published On :: 2019-12-11

The new thresholds which come into effect on 1 January 2020 for the Public Contracts Regulations 2015, Utilities Contracts Regulations 2016, Concessions Contracts Regulations 2016 and the Defence and Security Public Procurement Regulations 2011 have...


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Revised EU thresholds regarding public procurement and concession contracts, with Belgian specifics

By www.eversheds.com
Published On :: 2020-01-07

The European Commission has revised the thresholds relating to the award procedures of public contracts and concession agreements by means of four separate Commission Delegated Regulations, adopted on 30 October 2019, which entered into force on 1 J...


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HR summer school: grasping the nettle

By www.eversheds.com
Published On :: 2020-07-07

‘Can-kicking’ is a typical, understandable human tendency, but in the employment context it is rarely the right thing to do. Avoiding dealing with behavioural or cultural issues often leads to larger problems, sometimes years down the road. HR profe...


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European HR: cross-border employment law

By www.eversheds.com
Published On :: 2020-11-10

This course considers strategic and practical issues that international HR professionals encounter, from methods to cut costs and improve business performance to contract and policy issues. We explain when HR and legal can support managers’ desire ...


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

By www.eversheds.com
Published On :: 2011-03-24

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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