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Government Proposals on Employment Law Reforms
November 2011 After a number of months of speculation the Government has announced its proposals for the biggest shakeup of employment law for many years. The main proposals (as anticipated by commentators recently) are:- unfair dismissal qualifying... -
Workplace pensions revolution
From October 2012, there will be a big change to employee pension schemes – with significant financial and administrative implications for employers . The Pensions Act 2008 means that employers will have to enrol jobholders into a pension scheme and... -
Employment law update - Abolition of default retirement age - 6 April 2011
Julia Stirling of Healys LLP employment law team in London summarises the latest news The Government has now (1 March) issued draft regulations on the abolition of the retirement age (a second draft after problems with the first draft were spotted): The... -
Update TUPE will apply to administration sales/ pre-pack sales
In respect of TUPE – Transfer of Undertakings (Protection of Employment) Regulations – insolvency and pre-pack administrations the Employment Appeal Tribunal has held in the case of: OTG Ltd v Barke and... -
Office party pitfalls in employment law
The legal pitfalls of the office Christmas party and how employers can avoid later repercussions. Minimising the Risks of Mistletoe Minefields! As Christmas approaches, many Companies have decided to arrange a party for staff. However, whilst some... -
Cyprus Property EU Unfair Commercial Practices Directive
London November 2010 Healys' international law partner Chris Christofi discusses Cyprus property law. International law – Cyprus property problems The provisions of The Unfair Commercial Practices Directive 29/2005/EC, which was introduced... -
Default Retirement Age to be scrapped
Healys' specialist employment law solicitors in London and Brighton take a look at the law surrounding retirement age and the proposed phasing out of Default Retirement Age. Currently (October 2010), employers can retire employees at age 65 by giving no... -
Settling the Volcanic Ash Fallout - Stranded Workers
As yet more volcanic ash poses problems for thousands of employees wishing to go abroad on annual leave, many workers remain stranded, are unable to return home and cannot return to work. Increasingly, it is becoming necessary for businesses and employment... -
Volunteers are not covered by the Disability Discrimination Act
In X v Mid-Sussex CAB it was confirmed that 'volunteers' e.g. unpaid charity or Citizens Advice Bureau workers, are not protected by the Disability Discrimination Act 1995 (DDA) or the EU Framework Directive. The Claimant (X), who was disabled, was a... -
Dress code and discrimination
"A code which applies a conventional standard of appearance is not in and of itself discriminatory" In the case of Danise v The Commissioner of Police for the Metropolis , the Employment Appeals Tribunal (EAT) held that asking a male employee... -
Risk assessments for pregnant workers
The Employment Appeal Tribunal (EAT) confirmed in the case of O'Neill v Buckinghamshire County Council , that certain preconditions must be met for an employer to fall under a duty to conduct a risk assessment for a pregnant worker. It held that there... -
Sex discrimination - Extent of pregnancy protection during IVF treatment
In the case of Sahota v The Home Office the Employment Appeals Tribunal considered the extent of protection from sex discrimination for women undertaking in vitro fertilisation (IVF) treatment. It considered whether IVF treatment was to be treated as... -
Top 5 Considerations to Combat FIFA Fever
Healys' employment law solicitor, Victoria Regan, considers how a major sporting event can affect a business. The FIFA World Cup 2010 is only days away, running from 11 June 2010 to 11 July 2010, but many employers are still unprepared and yet to consider... -
Sham redundancy can't hide age discrimination
"younger, entrepreneurial profile" = age discrimination Mr Achim Beck, a 42 year old banker, has won an age discrimination claim against the Canadian Imperial Bank of Commerce (CIBC) after the firm made him ‘redundant'. Mr Beck was head of... -
Stigma damages possible in discrimination proceedings
In Chagger v Abbey National plc the Employment Appeals Tribunal handed down guidance when calculating financial loss in discrimination cases. The Court of Appeal held that when an employee is dismissed on discriminatory grounds, the dismissing employer... -
Belief in climate change can be a philosophical belief
In the case of Grainger plc and others v Nicholson , the Employment Appeals Tribunal held that a genuine belief in man made climate change and the alleged resulting moral imperatives, is capable of being a ‘philosophical belief' in accordance with... -
Healys employment solicitors review compensation limits for unfair dismissal
February 2010, Healys employment solicitors in London and Brighton review the Annual Compensation Limits for Statutory Employment Claims. When the Annual Compensation Limits for Statutory Employment Claims are reviewed, it is always timely to remind... -
Holiday - use it or lose it. Healys employment solicitors look at a case
The specialist employment solicitors at Healys in London and Brighton look at an Employment Appeal Tribunal involving an employee's holiday entitlement. In the case of Lyons v Mitie Security Ltd (MS Ltd), the Employment Appeal Tribunal (EAT) decided... -
Health and Safety - VDU Use
More and more workers are spending a large part of their day looking at a computer screen. The Health and Safety (Display Screen Equipment) Regulations 1992 specifically deal with the health and safety issues associated with working with VDUs. The Health... -
Age Discrimination - Qualifications and Pay Structure
It is indirect discrimination for an employer to apply a provision, criterion or practice that is, on the face of it, age neutral but which puts people in a particular age group at a disadvantage, unless it can be shown to be a proportionate means of... -
Age Discrimination - Life After the Abolition of the Default Retirement Age
As a result of recent changes in the law, the last date on which an employer could lawfully notify an employee of a retirement dismissal using the statutory Default Retirement Age (DRA) provisions laid down by the Employment Equality (Age) Regulations 2006 ... -
Health and Safety Breaches - Penalties
The Health and Safety Offences Act 2008 received Royal Assent on 16 October 2008 and came into force on 1 January 2009. It amends Section 33 of the Health and Safety at Work etc Act 1974 and has increased penalties for breaches of health and safety... -
Collective Redundancy Consultation
Employers should be aware of the potentially serious financial consequences of failing to consult when making collective redundancies. If an employer is proposing to make redundant 20 or more employees at one establishment within a period of 90 days or... -
Costs Awards in Employment Tribunal Proceedings
Costs orders are the exception, rather than the rule, in Employment Tribunal (ET) proceedings. However, where a claimant acts unreasonably in pursuing a claim, the ET can make a costs award in favour of the other party. In Dunedin Canmore Housing... -
Collective Redundancy Consultation - Obligation to Consult in Special Circumstances
A recent case before the Employment Appeal Tribunal (EAT) dealt with a situation that is quite common in the construction industry, whereby problems encountered on site require adjustments to the working and staffing arrangements in order to adapt to the...
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Employment and HR
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Authorised and regulated by the Solicitors Regulation Authority. SRA No. 510079 | A list of the members of the LLP and of non-members who are described as partners is available for inspection at the registered office address shown above.
Healys and Healys Solicitors are trading names of Healys LLP which is a Limited Liability Partnership. Registration number OC342610.
We use the word partner to refer to a member of the LLP, or an employee or consultant with equivalent standing and qualifications.
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Authorised and regulated by the Solicitors Regulation Authority. SRA No. 510079 | A list of the members of the LLP and of non-members who are described as partners is available for inspection at the registered office address shown above.
Healys and Healys Solicitors are trading names of Healys LLP which is a Limited Liability Partnership. Registration number OC342610.
We use the word partner to refer to a member of the LLP, or an employee or consultant with equivalent standing and qualifications.