brief Procurement e-briefing: ECJ decision - land deals unlikely to be public work concession contracts By www.eversheds.com Published On :: 2010-03-29 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. ... Full Article
brief HR e-briefing 347 - Court of Appeal decides expired warning case By www.eversheds.com Published On :: 2008-02-11 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... Full Article
brief HR e-briefing 354 - Court of Appeal clarification on time limits and the statutory dispute resolution procedures By www.eversheds.com Published On :: 2008-05-06 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 ... Full Article
brief HR e-briefing 364 - Discipline and grievances at work: Draft ACAS guide published By www.eversheds.com Published On :: 2008-06-24 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
brief HR e-briefing 368 - The privileged few By www.eversheds.com Published On :: 2008-07-10 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... Full Article
brief HR e-briefing 383 - Details of those facing tribunal claims must be made public By www.eversheds.com Published On :: 2008-10-15 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... Full Article
brief HR e-briefing 389 - The ACAS code on discipline and grievance - revised version released By www.eversheds.com Published On :: 2008-11-07 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 ... Full Article
brief HR e-briefing 391 - BNP list - employers must act with caution By www.eversheds.com Published On :: 2008-11-24 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... Full Article
brief HR e-briefing 394 - Increased redundancy pay and other compensation limits By www.eversheds.com Published On :: 2008-12-01 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... Full Article
brief HR e-briefing 407 - the new workplace dispute resolution regime By www.eversheds.com Published On :: 2009-04-02 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... Full Article
brief HR e-briefing 420 - the Government consults on whistleblowing By www.eversheds.com Published On :: 2009-07-06 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... Full Article
brief HR e-briefing no 423 - legal representation must be allowed in some disciplinary hearings - Court of Appeal By www.eversheds.com Published On :: 2009-07-24 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... Full Article
brief Eversheds' HR e-briefing 469: 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,... Full Article
brief HR e-briefing 488 - 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... Full Article
brief Eversheds' HR e-briefing 512: Legal representation at disciplinaries By www.eversheds.com Published On :: 2011-06-29 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... Full Article
brief Eversheds' HR e-briefing 519: Fewer Employment Tribunal claims in 2010-11 By www.eversheds.com Published On :: 2011-09-02 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... Full Article
brief 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
brief 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
brief 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
brief 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
brief 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
brief 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
brief 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
brief 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
brief 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
brief 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
brief 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
brief 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
brief 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
brief 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
brief 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
brief 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
brief 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
brief 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
brief 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
brief 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
brief 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
brief HR e-brief 438 - Employees to get longer parental leave rights By www.eversheds.com Published On :: 2009-12-03 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... Full Article
brief 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
brief 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
brief 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
brief 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
brief 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
brief 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
brief 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
brief 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
brief 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
brief 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
brief 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
brief 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