Employment and HR

  • 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 - Life After the Abolition of the Default Retirement Age

    The Default Retirement Age (DRA) has now been abolished and it is no longer permissible for an employer to dismiss an older worker on the ground of retirement unless this can be objectively justified under the Equality Act 2010 . This does not mean that...
  • The Corporate Manslaughter Act

    The Corporate Manslaughter and Corporate Homicide Act 2007 established a new statutory offence of corporate manslaughter (corporate culpable homicide in Scotland). An organisation is guilty of the offence if the way in which it manages or organises its...
  • The Equality Act 2010 - A Guide for Employers

    The Equality Act 2010 has replaced nine major pieces of discrimination legislation and other ancillary measures that have been introduced over the last forty years. The core provisions of the Act came into force on 1 October 2010. As well as harmonising...
  • Damages for Wrongful Dismissal

    The Supreme Court has ruled ( Edwards v Chesterfield Royal Hospital NHS Foundation Trust ) that a consultant surgeon who suffered a loss as a result of findings of personal and professional misconduct made against him in disciplinary proceedings that were...
  • TUPE - Post-Transfer Obligations and Collective Agreements

    The Court of Appeal has overturned the decision of the Employment Appeal Tribunal (EAT) in Alemo-Herron and others v Parkwood Leisure Ltd. Parkwood Leisure Ltd. had taken over a company that acquired employees of the London Borough of Lewisham’s...
  • Get the Christmas Party Right

    It’s that time of year again. Love them or hate them, the invitations to office Christmas parties will be arriving soon if they haven’t already. For employers, parties pose a particular threat. Here are some tips on making sure your...

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