The Government has confirmed it will go ahead with its proposal to ban employment agencies and employment businesses from advertising vacancies for jobs in Great Britain exclusively in other EEA countries. For example this would prevent a UK Company advertising solely in Poland or Hungary for labour as is frequently reported in the press. The Government […]
Unite unlikely to appeal holiday pay claims
It has been reported that Unite are unlikely to appeal the decision of the EAT in the Bear Scotland v Fulton holiday pay case. The case meant that whilst overtime should be included in holiday pay claims there was a limit as to how far back a Claimant could look to bring a claim. The case is […]
Unison Challenge 2 rejected
The High Court has rejected the second challenge by Unison to the Employment Tribunal Fee Scheme introduced in the summer of 2013. The second application was made after the statistics were published showing the dramatic reduction in the number of claims. However, even the data was not sufficient to convince the Court that the scheme […]
Reasonable adjustments
Following on from my earlier post on reasonable adjustments, there has been a recent EAT case concerning what is a reasonable adjustment in the workplace. In the case of Dyer v London Ambulance NHS Trust, the employee had a potentially life-threatening reaction to aerosols and perfume and answered 999 calls in a busy control room. […]
Early Conciliation results
The ACAS early conciliation statistics for the first six months have been released and, whilst not 100% representative of the actual results due to a time lag in people putting their claim in, make interesting reading. By way of a recap in a claim for unfair dismissal it is now mandatory for the Claimant to first […]
Holiday Pay
As has been widely reported in the media, we have had another holiday pay case which may cause employers concern. The EAT has handed down its decision in the Bear Scotland v Fulton & others, which has held that holiday pay needs to be further expanded. Workers are entitled to be paid normal non-guaranteed overtime as […]
Sick leave falling
The CIPD’s annual survey on sick leave has been published which shows that the average days taken as sick leave has fallen from 7.6 days last year to 6.6 days this year. This is good news for employers as a whole although all employers have their share of those that take very little sick leave […]
Failure to provide employee liability information under TUPE
An employment tribunal has ordered a transferee to pay compensation of £65,500, representing £500 for each of 131 employees, to a transferor for failure to provide employee liability information in breach of regulation 11 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 in the case of Eville & Jones (UK) Ltd v Grants […]
Automatic pension enrolment
This month’s business development briefing explains the obligations that the automatic pension enrolment requirements place on a business. It is designed as a guide to some of the issues for employers and not as a definitive guide. What is auto-enrolment? From a date after October 2012, businesses will be required to automatically enrol […]
Deposit orders in the Tribunal
Under the Employment Tribunal Rules which came into force in July 2013, at a preliminary hearing, if an Employment Judge considers that any specific allegation or argument in a claim or response has little reasonable prospect of success, they can make an order requiring a deposit to be paid as a condition of continuing that […]