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Mandatory ACAS Early Conciliation - Will it work?

Meredith Hurst Wednesday, April 30, 2014

Early conciliation via ACAS will be mandatory from 6 May 2014.  The aim of the mandatory early conciliation procedure is to try to avoid Tribunal proceedings by settling claims before they are commenced. The new mandatory procedure will mean that those wishing to bring an Employment Tribunal claim (although there are some exceptions) must have first contacted ACAS.  A prospective claimant will be barred from bringing their claim unless they have received an Early...

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Are small organisations obliged to follow an independent disciplinary appeal panel's findings?

Meredith Hurst Wednesday, April 30, 2014

A problem facing employers with a small management team is that there is often not enough managers available for separate managers to conduct a disciplinary hearing and an appeal hearing.  An independent HR consultant can often be the answer to conduct either the disciplinary or the appeal hearing or both.  But what happens if the employer disagrees with the finding of the independent appeal?  This was the issue in the case of Kisoka v...

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The Abolition of Discrimination Questionnaires

Meredith Hurst Friday, March 14, 2014

TheEnterpriseand Regulatory Reform Act 2013 abolishes discrimination questionnaires with effect from 6 April 2014. This is a surprising development and an unwelcome one for claimants.  Employers on the other hands are likely laud the abolition, since it does away with what many have called a cumbersome and unnecessary step in litigation.  The abolition is a further step along the road of deregulation, part of the government's Red Tape Challenge which proposed to abolish unnecessary...

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Before and now: TUPE changes

Meredith Hurst Friday, February 28, 2014

There are several TUPE changes that came into force on 31 January 2014 by virtue ofThe Collective Redundancies and Transfer of Undertakings (Protection of Employment) Amendment Regulations 2014(SI 2014/16). The key changes are as follows: 1. More flexibility with lawful harmonisation of terms post-transfer Before 31 January 2014: The previous position was that any changes to an employee's terms were void if: the sole or principal reason for the change is the transfer itself; or the sole...

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Justice in a time of austerity

Meredith Hurst Thursday, February 20, 2014

The employment law landscape is changing. Here we take a look at the 2014 report prepared by the Senior President of the Tribunals and highlight the main developments since the introduction of the Enterprise and Regulatory Reform Act 2013.

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