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Author Archives: mkmk59
The Queens Speech
A National Insurance Contributions Bill, addressing the cost of employing people, and measures aimed at furthering the Government’s deregulation agenda feature in the Queen’s speech, which sets out legislation planned for the coming year. The National Insurance Contributions Bill will … Continue reading
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No TUPE consultation required with employees who did not transfer
The Employment Appeal Tribunal (EAT) has handed down an interesting decision about the obligations of the employer to consult over a TUPE transfer where part of an insolvent business is sold as a going concern, but the other part of … Continue reading
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Continuity of employment starts when employee begins actual ‘work’ under the contract
The Employment Appeal Tribunal (EAT) has recently determined that continuity of employment will be deemed to start from the date upon which the employee begins work under the contract, and not at the point at which the employee undertakes activities … Continue reading
Posted in Employment Reforms
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Employee owner status: model documentation and draft Regulations
The Department for Business, Innovation and Skills (BIS) has announced that draft Regulations, which are intended to make it simpler for employers to buy back shares from ‘employee owners’, are to be released soon. The Regulations are likely to include … Continue reading
Posted in Employment Reforms
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Dismissal for political opinions or affiliations
On 25 June 2013, the Enterprise and Regulatory Reform Bill 2013 will introduce a provision to remove the unfair dismissal qualifying period where the reason or principal reason for the employee’s dismissal is, or relates to, the employee’s political opinions … Continue reading
Posted in Legislative Changes
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Protective awards are punitive, not compensatory
In a recent decision, the Employment Appeal Tribunal (EAT) has reaffirmed that, when assessing protective awards made under the TUPE Regulations for failure to inform and consult prior to the transfer of an undertaking, an employment tribunal’s focus should not … Continue reading
Posted in Legislative Changes
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Government announces further measures to tackle unpaid internships
The government has announced that it is planning to take more aggressive steps to clamp down on employers who do not pay the national minimum wage after successfully reclaiming £192,808 in unpaid wages owed to interns, volunteers and work experience … Continue reading
Posted in Employment Reforms
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Army Reservists: Response to Consultation Paper due soon
In our email update 117 (16 August 2012), we reported that the Ministry of Defence had produced a consultation paper on how best to generate increased numbers of reservists. The consultation has now closed and the response is due to … Continue reading
Posted in Employment Reforms
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Reports of discrimination by employers in the recruitment process
An employment tribunal claim has recently been brought against a well-known multinational on the grounds that it allegedly discriminated against a job applicant by rejecting his application because of his African name. The applicant states that when he reapplied under … Continue reading
Posted in Employment Reforms
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Employee shareholder proposal reinstated by House of Commons
On 16 April 2013 the House of Commons voted to reinstate the government’s employee shareholder status proposal into the Growth and Infrastructure Bill. This comes less than one month after the proposal was rejected by the House of Lords. The … Continue reading
Posted in Employment Reforms
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