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Procurement e-briefing: ECJ decision - land deals unlikely to be public work concession contracts

Land deals are currently one of the most scrutinized areas of public procurement, and the correct application of the public procurement rules to land transactions still poses one of the greatest challenges for public bodies. ...




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HR e-briefing 347 - Court of Appeal decides expired warning case

We probably all recognise the following situation.  Employee is given written warning.  One month after that warning has expired, the employee commits similar misconduct again.  Can the employer rely on the previous misconduct and exp...




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HR e-briefing 354 - Court of Appeal clarification on time limits and the statutory dispute resolution procedures

The Court of Appeal is just starting to have an opportunity to shed light on the meaning and application of the statutory dispute resolution procedures. However, whilst any such cases are of significant interest now, they are likely to have a short ...




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HR e-briefing 364 - Discipline and grievances at work: Draft ACAS guide published

ACAS has published 'Discipline and grievances at work: Draft ACAS guide', which it has been working on since issuing its revised Code of Practice on discipline and grievance for consultation (Full Article



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HR e-briefing 368 - The privileged few

Although, for lawyers, the topic of legal professional privilege has been one of perennial interest, invariably the only encounter individuals outside of the legal profession will have with this topic is if the confidentiality of a commercially sens...




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HR e-briefing 383 - Details of those facing tribunal claims must be made public

The Deputy Information Commissioner has ruled that the Department for Business, Enterprise and Regulatory Reform (BERR) must release the names and addresses of respondents in Employment Tribunal cases under the Freedom of Information Act 2000, havin...




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HR e-briefing 389 - The ACAS code on discipline and grievance - revised version released

Today ACAS has issued what it hopes will be the final version of its Code of Practice on Discipline and Grievance. Although amendments have increased its length slightly (to ten pages from eight), the code remains short and concise in comparison to ...




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HR e-briefing 391 - BNP list - employers must act with caution

Can an employer dismiss an employee for being a member of a political party? This is a question on some employers' minds following the recent publication of a list containing the names, addresses and in some cases, occupations of BNP members. Whils...




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HR e-briefing 394 - Increased redundancy pay and other compensation limits

Details have just been published of the annual uprating of compensation limits for tribunal claims and other amounts payable under employment legislation. The new amounts will apply where the relevant event occurs on or after 1 February 2009. For un...




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HR e-briefing 407 - the new workplace dispute resolution regime

As if anyone needed reminding, 6 April 2009 is a key date for dispute resolution in the workplace. The new regime for handling grievances and disciplinary and dismissal situations is based on the new Acas Code of Practice (the Code) and has been her...




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HR e-briefing 420 - the Government consults on whistleblowing

In a consultation paper released this month, the government reveals proposals for employment tribunals to pass on details about whistleblowing claims to appropriate regulators (such as the Health and Safety Executive). The intention is that the alle...




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HR e-briefing no 423 - legal representation must be allowed in some disciplinary hearings - Court of Appeal

The Court of Appeal has ruled that doctors and dentists employed by NHS bodies in England are entitled to legal representation at disciplinary hearings. The appeal court’s ruling suggests that employees of other public sector organisations sho...




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Eversheds' HR e-briefing 469: 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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HR e-briefing 488 - 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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Eversheds' HR e-briefing 512: Legal representation at disciplinaries

The Supreme Court has overturned decisions of the Court of Appeal and High Court that a music assistant at a primary school should have been allowed legal representation at an internal disciplinary hearing. This decision curtails the scope for empl...




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Eversheds' HR e-briefing 519: Fewer Employment Tribunal claims in 2010-11

Statistics for April 2010 to March 2011 released by HM Courts and Tribunals Service yesterday reveal that, although the number of claims has fallen since the same period in 2009-10, the 218,100 claims still represent a 44% increase on the 2008-9 fig...




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HR e-briefing 528: Employment Tribunal reform: next steps and other measures

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...




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HR e-briefing 534: Employment tribunal fees and shortening the 90 day consultation period: what do employers think?

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...




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Eversheds' HR e-briefing 538: April employment law 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. A number of these changes will take ...




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Eversheds' HR e-briefing 545: Government reveals employment law changes in Enterprise and Regulatory Reform Bill

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 ...




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UK HR ebrief: Employment tribunal claims continue on a downward trend

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 ...




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UK HR e-briefing: Strike changes: 1 March 2017 implementation confirmed

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 ...




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UK HR E-briefing: Holiday pay uncertainty ended in employees’ favour

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...




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IHC e-briefing 48: The Working Time Directive - European Parliament vote on opt-out and on-call time

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...




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HR e-briefing 398 - The Working Time Directive - European Parliament vote on opt-out and on-call time

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...




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HR e-briefing 404 - TUPE and collective agreements

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...




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HR e-briefing 411 - 48 hour opt-out preserved

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...




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HR e-briefing 412 - the role of HR in responding to the threat of a pandemic

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...




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HR e-briefing 414 - National Minimum Wage increases

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...




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HR e-briefing 416 - fit notes - the new sick notes

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...




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HR e-briefing 418 - sickness and annual leave

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&...




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HR e-briefing no 424 - swine flu - work in progress?

We received an excellent response to our recent survey concerning employer reaction to swine flu (Full Article



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HR e-briefing - Review of the default retirement age

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...




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HR e-briefing no 425 - sickness and holidays - new European ruling could cause problems for employers

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...




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HR e-briefing 427 - Fathers are to have longer paternity leave from 2011

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...




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HR e-briefing 430 - The vetting and barring scheme - the facts

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...




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HR e-briefing 434 - The right to request time off to train

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...




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HR e-brief 438 - Employees to get longer parental leave rights

At a meeting this week the European Council agreed to extend the existing right for parents to take leave from work from three to four months per parent, per child. The European Council's decision comes as no surprise as t...




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HR e-briefing 443 - some clarification from the EAT on holidays

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...




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HR briefing 449 - fit notes to replace sick notes in April 2010

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 ...




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HR e-briefing 454: EU prompts complete rethink of Working Time Directive

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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Eversheds' HR e-briefing 478 - 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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HR e-briefing 482 - Scottish appeal court ruling on annual leave

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...




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HR e-briefing 484 - 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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HR e-briefing - 497 Red tape cuts

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...




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Eversheds' HR e-briefing 503: July 2011 Implementation of the Bribery Act confirmed

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...




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Eversheds' HR e-briefing 507: Flexible parental leave, working time, equal pay and flexible working - more changes afoot

Today, a consultation has been launched on government plans to: Full Article



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Eversheds' HR e-briefing 511: Bribery Act in force

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...




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HR e-briefing 520: Changing terms and conditions; a question of balance

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 ...




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HR e-briefing 525: Holidays and sickness – latest ruling

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...