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Searching Content indexed under Employee Rights/ Labour Relations by Barlow Lyde & Gilbert LLP ordered by Published Date Descending.
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1
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.
UK
8 Jun 2011
2
Agency Workers Regulations 2010: Finalised Guidance Published
The Government has, today, published finalised Guidance on the Agency Workers Regulations 2010, which come into force on 1 October 2011.
UK
16 May 2011
3
When Does Contractual Notice Commence?
In the recent case of Wang v University of Keele, the EAT held that, unless the contract provides otherwise, contractual notice, whether it is oral or written, runs from the day after notice is given.
UK
9 May 2011
4
What's Coming into Effect on 6 April 2011?
In our January e-news "What’s new in 2011?", we mentioned that as many of the proposed changes in employment law for 2011 originated from long before the change of Government in May 2010, they may be subject to further review.
UK
13 Apr 2011
5
Abolishing the DRA - What the Regulations Say
On 1 March 2011, the Government published new draft Regulations relating to the abolition of the default retirement age (DRA). These Regulations correct the drafting mistakes which were in the previous draft, concerning the transitional provisions.
UK
14 Mar 2011
6
Employment Pensions - What's New in 2011?
The key employment legislation to be introduced this year is summarised below. Default retirement age (DRA) – to be abolished on 1 October 2011, with transitional arrangements from 6 April 2011.
UK
24 Jan 2011
7
Justifying a Mandatory Retirement Age
At the moment, employers that retire staff at age 65 do so without fear of unfair dismissal or age discrimination claims, provided that they follow the statutory retirement procedures, which are straightforward and relatively free of pitfalls.
UK
30 Sep 2010
8
Airlines And Employment Rights: How Far Do They Travel?
The Employment Appeal Tribunal (EAT) has handed down its decision in the case of British Airways v Mak.
UK
28 Jan 2010
9
Mobility Clauses In A Redundancy Situation
The claimants were immigration officers based at the Waterloo International Terminal ("WIT"). They were "mobile-grade" employees, subject to a mobility provision in the staff handbook which stated that they could be transferred to any civil service post in the UK or abroad.
UK
30 Apr 2008
10
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).
UK
11 Dec 2007
11
New Guidance On What Constitutes "Personal Data"
The Information Commissioner's Office ("ICO") has recently issued technical guidance, entitled "Data Protection Technical Guidance: Determining what is personal data" ("the Guidance") for data protection purposes.
UK
11 Dec 2007
12
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.
UK
18 Sep 2007
13
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.
UK
16 Sep 2007
14
How Not To Monitor Your Employees´ Communications
In Copland v The United Kingdom (2007), the European Court of Human Rights (ECHR) found that the UK had violated Ms Copland's right to respect for her private life and correspondence under Article 8 of the European Convention on Human Rights ("the Convention"), by the way in which it monitored her telephone calls, e-mail correspondence and internet use.
UK
16 Sep 2007
15
Holiday Snaps: A Summary Of Recent Key Decisions On Employees’ Holiday Entitlement
A summary of recent key decisions on employees’ holiday entitlement.
UK
 
7 Jun 2007
16
New Employment-Related Legislation
Summarised below are the key employment law changes which came into force in April 2007
UK
 
1 Jun 2007
17
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.
UK
 
16 May 2007
18
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.
UK
 
16 May 2007
19
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.
UK
 
16 May 2007
20
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.
UK
 
13 Apr 2007
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