Searching Content indexed under Employee Benefits & Compensation by Barlow Lyde & Gilbert LLP ordered by Published Date Descending.
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Agency Workers Regulations 2010: Finalised Guidance Published
The Agency Workers Regulations 2010, which come into force on 1 October 2011, mark a sea change in the position of agency workers in the UK.
8 Jun 2011
Holiday Pay, Sick Leave and PHI Benefits
A Scottish tribunal has held in Souter v Royal College of Nursing Scotland that an employee on long-term sick leave was not entitled to carry over her holiday to the following leave year and, in any event, because she had received the permanent health insurance (PHI) benefits she was entitled to, she had not suffered any loss.
25 Nov 2010
The Pensions Ombudsman Gets Tough
The last year has seen a number of Pensions Ombudsman determinations where trustees have been ordered to reimburse the scheme for a breach of trust.
30 Sep 2009
Court Rejects Back-Door Rectification - Smithson & Ors V Hamilton (2007)
The High Court has rejected an application from the trustees and participating employers of the Siemens Fire Safety and Security (PFP) Pension Scheme ("the Scheme") for relief under the Rule in Hastings-Bass to set aside a scheme rule which afforded certain deferred scheme members unintentionally over-generous benefits.
14 Feb 2008
Service Provision Changes Under TUPE 2006
TUPE 2006 provides two routes by which a relevant transfer can occur. The first is where an "economic entity" retains its identity post transfer (the traditional TUPE transfer, under reg 3(1)(a)). The second is a service provision change within reg 3(1)(b).
11 Dec 2007
Maternity Matters - Recent Key Developments In Maternity-Related Rights
In Blundell v Governing Body of St Andrew's Catholic Primary School (2007), the EAT has given its first decision on the scope of an employee's right to return from maternity leave to the 'job in which she was employed before her absence'. In this case, Ms Blundell, a teacher, argued that her job was as a teacher of a specific class, and not as a primary school teacher.
18 Sep 2007
Threatened By Trade Union Application For Recognition?
The Trade Union Labour Relations (Consolidation) Act 1992 ("the Act") provides a mechanism whereby an independent trade union can apply to the Central Arbitration Committee ("CAC"), provided that various conditions are satisfied, and force an employer to recognise the union for collective bargaining purposes.
16 Sep 2007
Holiday Snaps: A Summary Of Recent Key Decisions On Employees’ Holiday Entitlement
A summary of recent key decisions on employees’ holiday entitlement.
7 Jun 2007
New Employment-Related Legislation
Summarised below are the key employment law changes which came into force in April 2007
1 Jun 2007
How Long After A Transfer Should You Wait Before Changing Terms?
In Metropolitan University v Sackur and Others (2006), the Employment Appeal Tribunal found that even where changes had been made to employees’ terms and conditions of employment two years after a transfer, these may be regarded as connected with the transfer.
16 May 2007
Bonuses And Maternity Leave: To Pay Or Not To Pay?
Since our report on Hoyland v Asda Stores Limited (2005) in the July 2005 edition of the Employment Law review, there have been some changes to the Sex Discrimination Act (SDA) and the Equal Pay Act (EPA) which may impact on the amount of bonus that an employee is entitled to receive.
16 May 2007
The Timing Of A TUPE Transfer
There have been a number of cases dealing with TUPE (now the Transfer of Undertakings (Protection of Employment) Regulations 2006) issues in recent months. The House of Lords’ decision in Celtec (North Wales Training and Enterprise Council Limited (t/a Celtec) v Astley and others (2006)) is one which is of particular interest to employers.
16 May 2007
No Obligation To Extend Sick Pay For Disabled Employees
The recent decision by the Court of Appeal in O'Hanlon v Commissioners for HM Revenue & Customs will be welcomed by employers, in light of the implications it has for sick pay policies. The Court of Appeal held that, when Mrs Hanlon's entitlement to sick pay had been exhausted under HM Revenue & Customs' sick pay policy, the employer's failure to continue to pay Mrs O'Hanlon was neither a failure to make a reasonable adjustment nor disability discrimination.
13 Apr 2007
Pensioned Off
Many of the pensions claims we are now seeing arise out of changes made to the pensions regime more than a decade ago.
22 Feb 2007
Employee Internet And E-Mail Use: Frequently Asked Questions
Frequently asked questions on employee internet and e-mail usage.
5 Jul 2006
Sick of Working Time?
The Court of Appeal has recently delivered a blow to employees claiming holiday pay whilst they are on sick leave.
2 Sep 2005
Permanent Health Insurance
In order to provide employees with protection from being deprived of the benefit of the PHI policy, the Courts have said that there is an implied term in the contract of employment that an employee will not be dismissed where they are incapable of work and where they are in receipt of, or likely to receive, benefits under a PHI policy (Aspden v Webbs Poultry (1996)).
2 Sep 2005
The Impact of Maternity Leave on an Employer’s Obligation to Pay Bonuses
The impact of maternity leave on an employer’s obligation to pay bonuses has been a grey area for several years. In particular, it has been unclear whether an employer can pro-rate a bonus so that it is payable only in respect of the period when an employee is at work prior to taking maternity leave or whether bonuses must be paid in full in any event.
2 Sep 2005
Treasury Shares
When companies used to buy back their own shares under the Companies Act 1985, such shares had to be cancelled immediately and the share capital consequentially reduced. The introduction of the Companies (Acquisition of Own Shares) (Treasury Shares) Regulations 2003 [SI 2003/1116] (the "Regulations") on 1 December 2003 has enabled certain companies to hold such shares in treasury for resale without can
31 Mar 2004
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