Employment News Brief

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January 2012

  • Capability dismissals - what is a reasonable investigation?
  • Equal Pay: forum shopping is permitted
  • In a nutshell
  • The largest Employment Tribunal award to date is made against an NHS Trust for unfair dismissal and discrimination
  • Protection against marriage discrimination widened

December 2011

  • The level of leave sick workers can carry forward is limited
  • Are proposals on sickness absence a cure all?
  • All change – proposed amendments to employment law
  • Statutory holiday pay - use it or lose it
  • Cost awards in the Employment Tribunal
  • Causation and vicarious liability in whistle-blowing cases
  • Unreasonable refusal of alternative employment results in loss of earnings award

November 2011

  • Adjustments must assist employees in returning to work to be reasonable - EAT decision
  • In a nutshell
  • Cost alone can render a potential adjustment unreasonable - EAT decision
  • Can the disclosure of a person’s sexual orientation amount to direct discrimination and harassment? - Court of Appeal decision
  • Reasonableness of Adjustments - EAT Decision
  • Providing fair references for ex-employees - Court of Appeal

September 2011

  • Redundancies and suitable alternative employment
  • In a nutshell
  • Compulsory retirement laws - ECJ decision
  • Continuity of employment in the NHS
  • Determining employment status - Supreme Court decision

December 2010

  • Higher employment tribunal and redundancy compensation limits
  • Employer's duty to make reasonable adjustments after employment ends
  • Two-tier code of practice abolished with immediate effect
  • Keeping an open mind when it comes to retirement
  • Redundancy selection process - top tips
  • Protecting personal data

November 2010

  • The Equality Act - It's arrived!
  • A v B
  • The EAT dismisses appeal relating to associated discrimination...
  • Pay protection or windfall
  • Beginners guide to industrial action
  • Leading Workforce Thinking 2010

July 2010

  • Brave New World or More of the Same? Employment Law under the Coalition
  • Duty Calls - Public Sector equality duties under the Equality Act
  • Practical problems with fit notes
  • Sarkar v West London Mental Health Trust
  • TUPE and Collective Agreements: Employers break free
  • Hempsons achieve top award at HealthInvestor 2010 Awards

March 2010

  • The long-awaited judgment on the G v X and Y case
  • Holidays - use it or lose it
  • Words mean what I want them to mean...
  • Permanent Locum Consultants?
  • Focus on Discrimination: Tribunal Awards
  • Whistleblowing

October 2009

  • Equal pay and TUPE - Time limits and ongoing claims
  • Representation by Lawyers in Disciplinary Hearings
  • The Criminal Records Bureau And The New Independent Safeguarding Authority Scheme
  • Tapere-v-South London and Maudsley NHS Trust ("SLAM") – would you travel an extra 2.5 miles to keep your job?
  • You’re fired! (But not until you’ve read the dismissal letter)
  • Reasonableness and Constructive Dismissal

May 2009

  • Representation During a Disciplinary Hearing
  • My Rights and Your Rights
  • Mind the Gap - Disciplinary Matters, Dismissals and Grievances in the Transitional Period
  • Sickness Absence and Holiday: Got a Headache?
  • Rights of Employees on Additional Maternity or Adoption Leave
  • Avoiding TUPE - Keep Your Fingers Crossed

June 2008

  • NHS pension benefits and alternative NHS service suppliers
  • Mortality rates for four major surgeries to be published
  • Equal pay update
  • Horizon Scanning - What to look out for
  • Changes to immigration and work permit legislation

April 2008

  • Casting the net wider: ISA goes live 2009
  • Redundancy or variation of employment contract?
  • Clarification in the Agency Staff Debate
  • Intellectual Property - what is it, why you need to protect it and how to protect it.
  • Sexually harassed by a patient?

November 2007

  • New Arrivals
  • TUPE for better or worse?
  • Data Protection Update
  • Strict Adherence to Grievance Procedures Resulted in a Constructive Dismissal
  • Case Round Up
  • Employer Induced Ill Health - Dismissal Still Fair

June 2007

  • Monitoring telephone calls, emails and internet usage breach of human rights
  • Suspension is not a neutral act and can be restrained by injunction
  • Not so "Without Prejudice"
  • Whistleblowing: A "reasonable belief" - even if wrong - can qualify for protection
  • Agency Worker Update

May 2007

  • ‘The World’s Most Difficult Claimant’
  • An Expensive Eight Days Work
  • ‘Keeping in Touch with Mothers to be’
  • The Right to be Accompanied
  • All Change on Statutory Discipline and Grievance Procedures?

February 2007

  • Bullying and harassment in the workplace
  • Integrating and revising equality duties
  • Discrimination requires that the employer should have a certain state of mind
  • Family friendly update: Looking towards 1st April 2007
  • Sex Discrimination: Beware of green-eyed monsters and lavatories
  • Agency worker or employee?

November 2006

  • Procedurally unfair dismissal - Polkey-dotty!
  • Equal Pay - Result of European Court of Justice (ECJ) decision in Cadman v Health and Safety Executive 2006
  • Constructive Dismissal - What is it and can it be avoided?
  • Statutory Disciplinary and Dismissal Procedure Round Up
  • Whistleblowers are protected even after employment ends - so rules the Court of Appeal.

September 2006

  • Lara Feghali discusses three topical Employment Cases
  • Agency Staff as Employees
  • Statutory duty to promote Race Equality - 98% of NHS non-compliant
  • Maternity, Parental and Adoption Leave - the New Regulations
  • TUPE - death knell sounded for Secondment Model?

May 2006

  • Smoking Bans and Personal Safety
  • Maternity & Parental Rights Overview
  • Case Round Up
  • Disability Discrimination Reasonable Adjustments

November 2005

  • Legislation Update
  • Developments in Redundancy Practice
  • Case Law Update
  • Hot off the Press
  • The Disability Discrimination Act 2005

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