Employment & HR
Employment changes the new landscape
Posted by Joanna Worby on 16th May 2012
The new Dispute Resolution Report from the Department for Business Innovation and Skills (BIS) deserves your attention if you are considering Human Resource strategy for the coming financial year.
Supermarket chain sued for £500,000 for worker’s murder
Posted by William Addis on 15th May 2012
In 2009, a Lithuanian worker employed by Sainsbury’s in Aberdeen, was stabbed to death at work by a colleague, who was a member of the BNP.
The murder followed a series of alleged verbal harassment and racist comments by the BNP member towards the Lithuanian to the knowledge of other employees at work and during working hours.
Is forced retirement still possible?
Posted by Catherine Daw on 11th May 2012
Employment lawyers have long been waiting for the Supreme Court decision in the case of Seldon v Clarkson Wright and Jakes (we really should get out more). The decision concerned a Kent firm and the retirement of one of their partners. The main facts were:
Is it now okay to retire someone at 65?
Posted by Richard Thompson on 30th April 2012
Well, the short answer is that we wouldn’t recommend it……having said that the case of Seldon v Clarkson Wright and Jakes (a law firm) has left us with a very interesting decision regarding the compulsory retirement of a partner at the age of 65.
Redundancy selection pools – free choice or no choice for employers
Posted by Catherine Daw on 18th April 2012
Summary
Recent legal developments confirm employers have wide discretion when identifying redundancy selection pools and also have considerable freedom in choosing which individuals who are potentially redundant would best be able to carry out alternative roles. However, care must still be taken as it is not impossible for employees to challenge the make-up of the selection pool, particularly where the number of individuals in the pool is the same as the number of roles to be made redundant.
Does changing the method of delivery of a service prevent a TUPE transfer?
Posted by Colin Smith on 13th April 2012
The Debate
Changes in the provider of a service e.g. IT support, are often coupled to a change in the method of delivery of that service.
A change of service provider often constitutes a “Service Provision Change” leading to transfer of employment under the Transfer of Undertakings legislation (TUPE). But when does a change in the approach to delivery prevent the occurrence of a TUPE transfer?
How does the horizon look for employment law?
Posted by Richard Thompson on 30th March 2012
There has been a lot of ongoing publicity regarding the proposed changes to employment laws and the employment tribunal system. The Government made much out of the “burden” of employment law red tape preventing employers from expanding but they now seem to have changed tack slightly. The Government appear to be steering away from the idea that employment law represents a burden to employers (possibly because they don’t want this mantra to become a self-fulfilling prophecy!) and have taken a more positive approach in order to streamline employment law and the employment tribunal system. So, as it stands at the moment, some of the suggested changes look like this:
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