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Hire and Fire - the future of UK employment law

Meredith Hurst Wednesday, October 26, 2011

In a revelatory report leaked from Westminster, Government ministers propose a drastic change to the employment law landscape. This gist of the report, written by influential venture capitalist Adrian Beecroft, is that businesses must be left to manage their own affairs in a way that allows them to be efficient in a more competitive domestic and global market. The report begins by saying that employment law and regulation impedes efficiency and competitiveness. So far, the...

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When is a dismissal not a dismissal?

Meredith Hurst Thursday, October 20, 2011

Terminating someone's employment with immediate effect without cause, brings the employment contract to an end - right?  Wrong.  You could be excused for thinking that handing an employee a letter expressing that his employment was being terminated with "immediate effect" was a terminal event.  It certainly would give rise to a claim of unfair dismissal but what about the contractual position and more importantly when would it be sensible for the employee to keep the...

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Osborne announces shake-up of employment law

Meredith Hurst Tuesday, October 4, 2011

George Osborne has announced a shake-up of employment legislation with the intention being of saving British industry money and reducing the numbers of employment tribunal claims. The first of the major reforms is the proposed increase in the qualifying period to claim unfair dismissl from one year to two years.  This is likely to take effect in April 2012.  This will give employers more flexibility to carry out risk-free dismissals in the first two years of...

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A change is as good as a rest

Meredith Hurst Tuesday, September 27, 2011

Well it is if you're a security guard at any rate. In the case ofHughes v The Corps of Commissionaires Management Ltdthe firm's David Gray-Jones appeared in the Court of Appeal. He represented the claimant and requested the court to consider the minimum permissible rest requirements between periods of work and the requirement for breaks during the course of working hours. Unlike most workers Mr Hughes was not able to take uninterrupted rest breaks. His job duties required him to be...

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So you've resigned, right?

Meredith Hurst Thursday, September 22, 2011

Can an employee 'dismiss' himself, if he fails to respond to a letter stating that he will be regarded as having resigned unless he contacts his employer? The short answer is usually 'no' but then it is not always clear cut. This is something that we are sometimes asked to advise upon by employers and it is better to exercise a cautious approach than make assumptions about the employee's status. In the case ofZulhayir v JJ Food Services Ltd,the Employment Appeal Tribunal (EAT) held that a...

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