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Imminent Changes in Employment Law

Meredith Hurst Wednesday, March 14, 2012

6 April is fast approaching, and while for some it just signals a new tax year, for us employment lawyers it signals the bi-annual change of employment law legislation. This year we are in for a particular treat, as there are fairly major changes on the way. Make sure your business is not caught out and read on to ensure you are aware of what is coming… Unfair dismissal.  The qualifying period will increase from one to two years. This will only affect employees whose employment starts...

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Business Protection – Non Solicitation Clauses

Meredith Hurst Wednesday, March 14, 2012

A common issue in many businesses is failing to properly consider and address the risk posed by employees if their employment is terminated. Employment lawyers see all variations of the problem. In some situations an employee is never given a contract of employment at all, and therefore the business is left without protection when that person leaves. In other cases, an employee is given a junior contract, then work their way up through a business to the point where they have a significant...

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TUPE Case

Meredith Hurst Wednesday, February 15, 2012

RECENT COURT OF APPEALJUDGMENT ON TRANSFER OF UNDERTAKINGS REGULATIONS 2006 - SPACERIGHT EUROPE LTD V BAILLAVOINE The Transfer of Undertakings (Protection of Employment) Regulations 2006 ("TUPE") afford protection to employees when there is a transfer of an undertaking or a service provision change from one employer (the transferor) to another (the transferee). In these circumstances dismissal of an employee assigned to the undertaking being transferred by reason of the transfer or for a...

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The Cost of Unrequited Love

Meredith Hurst Wednesday, February 15, 2012

We don't wish to  put a dampener on the Valentine's celebrations but would like to offer a word of warning to all those potential suitors out there:  Valentine's Day can prove to be a costly minefield in the workplace.  The chance to express your love, or possibly lust in some cases, to a work colleague, and getting it wrong could see you facing charges of sexual harassment at the Tribunal from an aggrieved recipient.  Under the Equality Act 2010, a...

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Supreme Court confirms entitlement to annual leave can be satisfied by time off when not required to work (SC)

Meredith Hurst Friday, December 16, 2011

The Supreme Court has agreed with the decision of the Inner House of the Court of Session that entitlement to annual leave under the Working Time Regulations 1998, interpreted in the light of the Working Time Directive, can be satisfied during periods when workers are not otherwise required to work. Therefore, the employers in this case were entitled to insist that employees working on an offshore installation took their paid annual leave during so-called "field-breaks" spent onshore. The...

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