The People Bulletin

Employment Law

Unfair dismissal qualifying period - the facts
Unfair dismissal qualifying period - the facts

The promise of increased flexibility and a reduced threat of claims by employees should be a welcome announcement for employers. However, is the government's intention to water down unfair dismissal rights all it's cracked up to be? Leah de Vries and Sarah March discuss.

No cure for drip by drip discrimination
No cure for drip by drip discrimination

Employers have never had such an exhaustive battery of anti-discrimination regulations to deal with. But is legislation really addressing the real problem, the drip-drip disease of prejudice which is the curse of workplaces everywhere? Norman Thomas discusses.

Updating employment contracts and policies – an important reminder
Updating employment contracts and policies – an important reminder

As half term gets under way, one task which UK human resources professionals may wish to set themselves by way of homework is to update their employment contracts and policies. This is a process which it is advisable to conduct on a reasonably regular basis to ensure that an employer’s documentation is up to date and reflects not only the employer’s current business but also legislative and case law developments which may prompt the updating of contracts or the introduction or amendment of employment policies. Georgina Rowley and Charles Wynn-Evans explain.

Internships - a thing of the past?
Internships - a thing of the past?

In light of the recent Autoclenz case Ed Goodwyn examines the current status of apprenticeships.

Tribunal reform: workplace disputes a thing of the past?
Tribunal reform: workplace disputes a thing of the past?

With the government's reposnse to the consultation on January's report 'Resolving workplace disputes' likely to be released within the next month Andy Willis looks at what the response could be and what this would mean for employers.

Agency Workers Regulations: Are you prepared?
Agency Workers Regulations: Are you prepared?

With the new agency workers regulations about to come in to force Lee Stephens explains the new and complicated set of regulations and what it will mean for your company.

But that was in another country…
But that was in another country…

Gillian Scoular demonstrates the pitfalls of how British overseas workers bring their discrimination claims back home for satisfaction.

Allowable discrimination?
Allowable discrimination?

Gillie Scoular explains why employers are likely to be wary of the new ‘tie breaker’ positive action provision.

Profound implications for asbestos victims and employers alike
Profound implications for asbestos victims and employers alike

Following a ground breaking decision on asbestos by the Supreme Court, Peter Bennett, explores the implications of the judgement on victims of asbestos and on those businesses and employers defending claims before the courts.

From the Employment Tribunals
From the Employment Tribunals

Michael Rubenstein shares two cases from recent Employment Tribunal decisions covering age and race discrimination.

Proposals on tribunal reforms: good news or not?
Proposals on tribunal reforms: good news or not?

Leah de Vries examines the government's proposals on tribunal reform and what this could mean for employers.

Unacceptable behaviour
Unacceptable behaviour

A number of recent cases have highlighted employer’s obligations when dismissing employees for misconduct. Deborah Nathan looks at the implications.

DIY employment tribunals
DIY employment tribunals

Daniel Barnett and Naomi Cunningham suggest, in some circumstances, employers could consider instructing a barrister directly to reduce litigation costs.

The wheels of regulation
The wheels of regulation

There is no let-up in the speed at which employment law is changing and Stuart Chamberlain, takes a snapshop of the developments on the horizon – for now.

Too old for what?
Too old for what?

Soon employers will not be able to exit older workers on grounds of retirement. David Ogilvy explains the new rules surrounding the demise of the default retirement age.

The dangers of office relationships: a legal perspective
The dangers of office relationships: a legal perspective

It's Christmas Party season again and what goes on under the mistletoe can lead to complications. Jane Klauber explains the legal pitfalls of workplace relationships.

Getting back to work after cancer
Getting back to work after cancer

People with cancer are now protected under the Equality Act 2010 however, many employers are not meeting their legal obligations to their staff diagnosed with cancer. Linda Abraham explains.

Bullying in the workplace – a timely reminder
Bullying in the workplace – a timely reminder

Jane Klauber takes a look at workplace bullying and explains that given the legal and financial implications employers can ill afford not to address these complaints.

What’s the alternative?
What’s the alternative?

The latest welfare to work initiatives from the DWP means that employers will need to look at flexible working options to facilitate disadvantaged worker groups getting back into work. Liz Isles explains what is involved.

Bribery and corruption?
Bribery and corruption?

When is a gift actually a bribe? Fiona Bolton highlights the implications of the new bribery offences for employers as a result of the recent change in the law.

Pay and go…
Pay and go…

David Ogilvy explains the restrictions on payments to departing directors and how the rules protect shareholders.

Employment litigation on the rise
Employment litigation on the rise

Owen Warnock looks at the latest Employment Tribunal statistics and urges employers to ensure their procedures are watertight in the face of a surge in claims.

Some more equal than others
Some more equal than others

Michelle Gray takes a look at the long awaited Equality Act 2010 and wonders how much of it will really be implemented in its original form under the new government.

10 top tips for managing sickness absence
10 top tips for managing sickness absence

One of the significant costs plaguing UK business is sickness absence, and not all employers are aware of their rights on how to manage it. Victoria Cook provides a handy guide.

 You can’t do that!
You can’t do that!

If an employee blows the whistle on illegal activities committed by their employer, what are their rights if they are dismissed? Judith Rhule provides an update

Across the picket line
Across the picket line

Although nowhere near the levels of the late 1970s, the UK has seen more strike action recently.  Lisa Patmore outlines some practicalities for employers on how to manage industrial relations

Give us a break!
Give us a break!

Lucy McLynn sets out the implications of the Working Time Regulations 1998 and highlights areas where employers have come unstuck.

The dotted line...
The dotted line...

All employees have to be given a written statement of their terms of employment.  However one size does not fit all, and a contract can be in place even if nothing has been written down.  Martin Warren provides an overview.

The use and abuse of information
The use and abuse of information

In an increasingly wired world it is very to easy to collect, store and share personal information.  But employers must abide by the Information Commissioner’s rules when it comes to employee data.  Daniel Berke explain

The red-circled rights
The red-circled rights

If you are outsourcing a function or acquiring another organisation, your employees will be affected by the transfer of undertakings rules.  Deborah Nathan explains the practicalities.

Going legal
Going legal

The first encounter many employers have with the Employment Tribunal is when they receive a copy of a disgruntled employee’s claim form. Michelle Gray explains how the system works and the options available if a defence is not successful.

Dress-down tribunals?
Dress-down tribunals?

Managing the appearance of staff may be crucial for business, particularly for luxury brands, but also opens up legal pitfalls for the unwary. James Williams explains.

All out?
All out?

In the wake of recent trade union activity, Tom Flanagan reminds employers what they can and cannot do when it comes to using agency workers in the event of their regular staff taking industrial action.

Fat cats have rights too
Fat cats have rights too

Kim Roberts explores some of the ways to incentivise senior employees whilst avoiding ‘rewarding failure scenarios’ which have received such public attention and criticism during the banking crisis.

Under age labour?
Under age labour?

Employing children can throw up a minefield of confusion concerning what rules should be followed. Laurence Dunn provides a summary on how to do this legally

The family way
The family way

Pregnancy and maternity discrimination claims can result in high levels of compensation and adverse publicity for employers. Deborah Nathan provides a summary of the special protections and entitlement for employees before and after childbirth.

Corridors of the mind
Corridors of the mind

Richard Payne demonstrates how cognitive interviewing can improve evidence gathering in internal  disciplinary and grievance investigations

A questionable alternative
A questionable alternative

Julian Goulding demonstrates why the CBI’s ‘alternatives to redundancy’ would be a legal minefield were employers to adopt this scheme

Beyond the recession
Beyond the recession

Gill Trevelyan explores some of the alternatives to redundancy and reminds us that minimum compliance isn’t usually good enough when it comes to employer reputation

Flexible friends
Flexible friends

Laurence Dunn looks at how flexible working can minimise redundancies; saving jobs and retaining essential skills for the enterprise

The practicalities of discipline
The practicalities of discipline

Following the launch of the new ACAS Code of Practice on 6 April, employers should have updated their disciplinary procedures. Jane Klauber takes a more detailed look at what is involved.

Litigation ‘insurance’
Litigation ‘insurance’

Compromise agreements are an important tool for employers in limiting the risk of successful Employment Tribunal claims against them.  Daryl Cowan demonstrates how they work.

The Equality Bill: what you need to know
The Equality Bill: what you need to know

205 strands and 28 schedules – but what do you really need to know? Michael Rubenstein breaks the Equality Bill down into twelve bite-sized chunks.

By the book
By the book

With redundancy and restructuring commonplace in today’s working environment, it is important you understand the legal basis of the employer/employee relationship. Emma Peacock and Judith Sutton outline what you

New discipline and grievance procedures
New discipline and grievance procedures

The new Employment Act changed the ways employers should handle disciplinary action and grievances. Gillian Dowling explains these changes and offers a practical guide to the new procedures

Not in today…
Not in today…

Louise McCartney’s practical guide to managing absence without ending up in an employment tribunal

Before the P45...
Before the P45...

The current economic climate has fuelled a surge of restructuring and redundancy programmes, but unless employers follow the correct procedure, they run the risk of expensive litigation, says James Baker

More employees entitled to request flexible working
More employees entitled to request flexible working

The expansion of the flexible working rights to a wider category of employees is likely to generate more flexible working requests. Sophie Whitbread offers some practical guidance to employers along with some tips to minimise the risk


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