September, 2012 | Employment Blawg (AKA LabourBlawg)

September 2012

TUPE transfers and the issue of ‘an organised grouping of employees’

September 24, 2012

How important is the connection between a service provision change and ‘an organised grouping of employees‘ under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE)? Recent cases have highlighted the difficulty in interpreting the meaning of ‘an organised grouping of employees‘ under the regulations.  A service provision change is where a service provider […]

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Employment Tribunal Case Management Discussion – What you should expect and how to undertake them

September 24, 2012

If you’ve submitted an Employment Tribunal claim for unfair dismissal, constructive dismissal or discrimination in the workplace then the Employment Tribunal may schedule a Case Management Discussion. This is more likely in discrimination cases as the Employment Tribunal normally issues directions without a Case Management Discussion in cases which only involve unfair dismissal.  A Case […]

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Hurt at Work? How to Claim What You Are Due

September 24, 2012

Unfortunately, workplace accidents that cause injuries are common in the UK and lead to thousands of workers missing time every year. Those who feel like their employer is at fault for these injuries have a number of options, including filing an injury claim. In cases where clinical negligence is present, it is a good idea […]

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What you should do if you’re accused of theft at work

September 19, 2012

If you’ve been accused of a theft at work then you face 2 risks: the possibility of going to jail and the possibility of losing your job. This will obviously therefore be a stressful time for you. Most employees are aware that their employer is prohibited form unfairly dismissing them but may be unaware of […]

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Small businesses not worried about cost of sacking staff, putting them at odds with Vince Cable

September 14, 2012

The following is a guest post regarding the potential impact of new employment law proposals on small businesses in the UK. A new report of 1600* UK small businesses released today reveals that 60% say that they would rather hire a freelancer than a new member of staff as they are more flexible and bring […]

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How and when to appeal your disciplinary hearing outcome

September 12, 2012

If you’ve been the subject of a disciplinary by your employer then it can be an extremely stressful time for you. Depending on what you’re being disciplined if disciplinary action is taken against you then it could result in your dismissal from your job so it’s a serious matter. If you receive an outcome from […]

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Government again considering changes to unfair dismissal law

September 12, 2012

Reports surfaced in the Daily Telegraph this week that the Government is, post-reshuffle, considering making changes to employment law in the United Kingdom, ostensibly with the purpose of boosting lack-lustre economic growth. Peter Fallon has commented on the possibility of making it easier for employers to fire employees (and subsequently had his hand slapped by […]

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Employment Law: Solicitors head to head at ECHR over religious symbols

September 12, 2012

Although employment law says that you are not allowed to discriminate against an employee because of their religion, the European Court of Human Rights has this week heard four cases from British employees with the first two centring on wearing crucifixes at work and the other two on refusing to carry out civil partnerships and […]

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Annual Leave or Sick Leave? Adrian Barnes examines the new EU regulations

September 11, 2012

The European Court of Justice (ECJ) has ruled that Employees who fall sick during their annual leave have the right to re-take that annual leave a later date, irrespective of when they fell ill. The ECJ stated that “the purpose of entitlement to paid annual leave is to enable the worker to rest and enjoy […]

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How the Government are encouraging compromise agreements

September 10, 2012

When employers decide to part with long-term employees, the fall-out can often be a cause of great stress and worry, while wasting a lot of time for both the business and the unfortunate employee. And although compromise agreements don’t completely alleviate all the negative connotations of a person leaving the workplace, they give a more […]

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