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Occupational health guidance requires patient consent to disclose reports to employers

Wed, 04 Nov 2009 00:00 GMT

Employers seeking medical reports on employees from occupation health doctors may be frustrated by new guidance from the General Medical Council (GMC).

Employee with climate change belief protected against workplace discrimination

Wed, 04 Nov 2009 00:00 GMT

A decision by the Employment Appeal Tribunal (EAT) means employees holding philosophical beliefs may now enjoy legal protection against discrimination in the workplace.

Companies in breach of Data Protection Act if they disclose directors' home addresses

Thu, 29 Oct 2009 00:00 GMT

From 1 October 2009 the Companies Act 2006 (the new Act) has distinguished between directors' residential and service addresses, and requires all companies to keep a separate register of their directors' residential addresses.

Businesses urged to stay ahead of employment law changes

Mon, 26 Oct 2009 00:00 GMT

Businesses have been urged to stay on top of significant changes to employment law, including the repeal of the statutory dispute resolution procedures.

Shoosmiths raises funds for Aspire

Mon, 19 Oct 2009 00:00 GMT

National law firm Shoosmiths has pledged to raise �25,000 for Aspire, its nominated local charity of the year.

Can we talk? How to have a without prejudice conversation with an employee

Fri, 16 Oct 2009 00:00 GMT

�Without prejudice' is the legal term for �off the record'. In a dismissal situation - maybe for poor performance - an employer may wish to speed up the formal process by offering a termination package on a without prejudice basis.

First phase of Vetting and Barring Scheme in operation from 12 October 2009

Fri, 16 Oct 2009 00:00 GMT

The new Vetting and Barring Scheme aims to prevent unsuitable people from undertaking paid or volunteer work with children and vulnerable adults. It will vet all those who wish to work with vulnerable groups and bar those shown to pose a risk.

New law on agency workers could come early next year

Tue, 06 Oct 2009 00:00 GMT

A new law giving significant new rights to agency workers looks set to become law sooner than expected.

Redundancy: When does duty for collective consultation arise?

Tue, 06 Oct 2009 00:00 GMT

The ECJ has recently given guidance on when the duty to consult collectively under the Collective Redundancies Directive (98/59/EC) is triggered.

ECHR consultation on gender pay reporting in private sector

Tue, 06 Oct 2009 00:00 GMT

Under the Equality Bill, currently going through Parliament, private employers with 250 or more employees will be required to report on the gender pay gap within their organisations from 2013.

Parents can swap statutory leave between them from 2011

Fri, 02 Oct 2009 00:00 GMT

The Government has launched a consultation on regulations to extend statutory paternity leave and pay.

Dismissal to avoid pension costs was age discrimination

Fri, 02 Oct 2009 00:00 GMT

The Employment Appeal Tribunal has found that a 49-year-old employee suffered age discrimination when he was made redundant to avoid pension costs that would have arisen once he reached 50.

U-turn on pledge to extend paid maternity leave to 12 months

Thu, 01 Oct 2009 00:00 GMT

Perhaps the first casualty of the need for the Government to tighten its belt was seen earlier this month when it emerged that statutory maternity pay would not be increased, as expected.

Discrimination gets more expensive

Thu, 01 Oct 2009 00:00 GMT

The Employment Appeal Tribunal (EAT) has increased the amount that tribunals must award for injury to feelings in discrimination cases.

Default retirement age lawful, but Government review looms

Wed, 30 Sep 2009 00:00 GMT

The High Court has rejected Heyday's long-running challenge to the UK's default retirement age of 65, holding that it is lawful to force employees to retire at that age, provided the correct procedure is followed.

ECJ extends holiday entitlement for sick workers even further

Wed, 30 Sep 2009 00:00 GMT

The European Court of Justice (ECJ) has handed down another significant case concerning the holiday entitlement of employees who have taken sick leave.

October employment law changes

Wed, 30 Sep 2009 00:00 GMT

October is one of two regular implementation periods for employment law changes - the other is April - we round up the changes to look out for.

Hot fine after Shell breaches fire safety regulations

Wed, 12 Aug 2009 00:00 GMT

A huge fine imposed on Shell emphasises the importance to all businesses - large and small - of carrying out the steps identified in a fire risk assessment and regularly reviewing that assessment.

Report urges construction industry to look closely at ethnic diversity

Wed, 05 Aug 2009 00:00 GMT

The Equality & Human Rights Commission (EHRC) has published an inquiry report into why ethnic minority workers are under-represented in the construction industry, and what should be done to resolve the imbalance.

Disciplinary hearings: New right to legal representation?

Tue, 28 Jul 2009 00:00 GMT

Workers have a statutory right to be accompanied at formal disciplinary meetings by a work colleague or trade union representative.

Data protection notification fees to rise for large organisations

Tue, 21 Jul 2009 00:00 GMT

The annual data protection notification fee is to rise to �500 for larger organisations, including public authorities from 1 October 2009.

Share incentives: Tax at 18%

Thu, 16 Jul 2009 00:00 GMT

The increasing gap between the 18% capital gains tax rate and the proposed increase in income tax rates to 50% - or even 60% in some cases - means companies should consider rewarding employees in a more tax efficient way.

Retirement age could be abolished in 2011

Tue, 14 Jul 2009 00:00 GMT

The Government is bringing forward to 2010 its review of the default retirement age, which allows employers to force employees to retire at 65.

It's not just banks who have to shore up finances, their employees do too!

Fri, 10 Jul 2009 00:00 GMT

The heavy focus on MPs expenses seems to have eased recently, and has shifted to the problems currently being experienced by the financial services sector.

Banning age discrimination in the provision of services

Thu, 02 Jul 2009 00:00 GMT

The Equality Bill currently going through Parliament will outlaw age discrimination in the provision of services for the first time.

TUPE and service provision changes: Welcome guidance from EAT

Thu, 02 Jul 2009 00:00 GMT

The Employment Appeal Tribunal (EAT) has given some welcome guidance on the correct approach for deciding whether or not a service provision change is covered by TUPE 2006.

Equal pay for everyone - including men!

Thu, 02 Jul 2009 00:00 GMT

There has been much media interest in the extensive equal pay litigation brought by women against local authorities over the past few years.

The end of trade union blacklisting moves closer

Thu, 02 Jul 2009 00:00 GMT

The Department for Business has issued a consultation on new regulations to outlaw trade union blacklists.

Disability Discrimination: House of Lords makes it easier to claim

Thu, 02 Jul 2009 00:00 GMT

The House of Lords has made it easier for claimants to show that they are "disabled" and thus protected under the Disability Discrimination Act 1995 ("DDA").

Employment Act 2008 and the ACAS Code: New landscape for workplace discipline and grievance

Tue, 30 Jun 2009 00:00 GMT

The statutory dispute resolution procedures (SDRPs) were swept away when the Employment Act 2008 came into force in April 2009.

Wedding season could become even more taxing

Mon, 29 Jun 2009 00:00 GMT

People who give cash as a wedding present could be taxed, national law firm Shoosmiths has warned.

Equality Duty: Proposals for public sector implementation

Wed, 24 Jun 2009 00:00 GMT

The Equality Bill makes provision for a new, single equality duty to be imposed on public bodies and those exercising public functions. It is expected that the new Equality Duty will apply from April 2011.

House of Lords' eagerly awaited sick leave and holiday pay decision

Wed, 10 Jun 2009 00:00 GMT

The House of Lords has handed down its decision in Stringer v HMRC.

Statutory redundancy payment rise in October - then limits frozen to 2011

Wed, 10 Jun 2009 00:00 GMT

There is good news and bad news about the statutory redundancy payment.

Consultants can owe same confidentiality duties as employees

Fri, 05 Jun 2009 00:00 GMT

In a recent decision - Vestergaard Frandsen A/S v Bestnet Europe - the High Court considered the confidentiality obligations owed by a consultant to a company that had formerly engaged his services.

Director's duty to tell employer he would become rival

Fri, 05 Jun 2009 00:00 GMT

Directors owe a range of fiduciary duties to their employer.

Death of the 'sick note' as new 'fit note' unveiled

Thu, 28 May 2009 00:00 GMT

The Government has launched a consultation on a new "fit" note which it hopes will help to eradicate "sick note culture" in the UK.

Judgment helps define employers' risk boundaries

Fri, 22 May 2009 00:00 GMT

How far do you have to go in carrying out risk assessments when the risks to your employees arise from activities conducted off your premises?

Businesses' collective sigh of relief at Law Lords' ramp ruling

Fri, 22 May 2009 00:00 GMT

A lot hinged on the answer to the following question for thousands of businesses and organisations across the UK.

Agency workers: Government consults on new rights

Wed, 20 May 2009 00:00 GMT

The Government is consulting on how it will introduce rights for agency workers in the UK following the new Agency Workers Directive agreed by Europe, last year.

Law Lords' ramp ruling ends threat of legal action

Wed, 20 May 2009 00:00 GMT

Companies and organisations cannot be sued by staff injured when using equipment not provided or maintained by their employer.

Trade union members to get more legal protection

Thu, 14 May 2009 00:00 GMT

From later this year it will become unlawful to refuse to employ somebody because they are a member of a trade union.

Is the UK's working time opt-out safe?

Thu, 14 May 2009 00:00 GMT

It seems like the UK's "opt-out" from the 48 hour working week has been under threat from Europe for a very long time but we are now able to bring you the end of the story (for now!).

National Minimum Wage: The only way is up

Wed, 13 May 2009 00:00 GMT

Despite speculation that the Government would leave the National Minimum Wage (NMW) rate alone for next year, a Low Pay Commission (LPC) recommendation for a small increase in hourly rates has been accepted.

Disciplinary hearings: Legal representation for employees?

Wed, 06 May 2009 00:00 GMT

The High Court has decided that in certain circumstances, an employee has the right to be represented by a lawyer at internal disciplinary hearings.

'Tips loophole' to be closed from 1 October

Wed, 06 May 2009 00:00 GMT

The Government is to close the so-called 'tips loophole'. It has announced it will do it through legislation coming into force on 1 October 2009.

TUPE: Lawyers transferred after client changed firms

Wed, 06 May 2009 00:00 GMT

In one of the first known cases to consider the effect of the new service change provisions in TUPE on professional services, an employment tribunal has found that TUPE did apply when a client moved its legal services contract to a new law firm.

Controversial and significant Equality Bill published

Wed, 29 Apr 2009 00:00 GMT

The long-awaited and controversial Equality Bill (the Bill) was laid before Parliament last week, and published on Monday 24 April.

Budget 2009: Tax Summary

Thu, 23 Apr 2009 00:00 GMT

The Chancellor delivered the 2009 Budget on 22 April 2009. The following is a summary of the main points of interest.

Focus on compliance: HMRC compliance checks on employer records

Mon, 20 Apr 2009 00:00 GMT

HM Revenue and Customs (HMRC) has signalled its intention to focus on employer/contractor tax compliance by releasing a series of leaflets highlighting preparatory work employers should do prior to an HMRC compliance check.

All change for social housing pension scheme

Tue, 31 Mar 2009 00:00 GMT

Registered providers (RPs) who offer membership of the Social Housing Pension Scheme (SHPS) are to receive confirmation they can offer employees access to a defined contribution (DC) pension scheme.

VAT on staff hire: A change could do you good

Mon, 30 Mar 2009 00:00 GMT

As announced in the 2008 Budget, and reported by us in our March 2008 Employment Law Update, the VAT Staff Hire Concession (the Concession) will be withdrawn from 1 April 2009.

Employment Act 2008: Eagerly awaited repeal of the statutory procedures just days away

Fri, 27 Mar 2009 00:00 GMT

On 6 April 2009 the mandatory dismissal and disciplinary procedures and grievance procedures (the statutory procedures) will be repealed when relevant provisions of the Employment Act 2008 come into force.

FSA bares its teeth

Mon, 16 Mar 2009 00:00 GMT

Hector Sants, chief executive of the Financial Services Authority (FSA) has told the financial services industry, in no uncertain terms, to be afraid.

Defer registering your LPA and save �30

Thu, 12 Mar 2009 00:00 GMT

Lasting Powers of Attorney (LPA) forms are to be made cheaper and simpler, a specialist lawyer has announced.

Old fashioned values: The importance of pensions detail

Thu, 12 Mar 2009 00:00 GMT

Recent media attention on pensions highlights a number of problems and issues faced by many UK pension schemes and UK businesses.

Outsourcing: No TUPE where contractor change fragments services

Thu, 05 Mar 2009 00:00 GMT

The Employment Appeal Tribunal (EAT) has held that there was no TUPE transfer where services once carried out by one contactor were transferred to several different contractors in a fragmented way.

Private employer may be bound by public sector collective agreements after a TUPE transfer

Tue, 03 Mar 2009 00:00 GMT

The EAT has upset settled case law in a recent decision which suggests that private sector employers could continue to be bound by collective agreements negotiated between public sector employers and unions for years after a TUPE transfer.

Failure to employ non-EEA nationals can be race discrimination

Fri, 27 Feb 2009 00:00 GMT

The Employment Appeal Tribunal (EAT) decided a law firm had indirectly discriminated against an applicant for a solicitor training contract on the grounds of his nationality.

Employees will be able to request time off for training

Wed, 25 Feb 2009 00:00 GMT

The Apprenticeships, Skills, Children and Learning Bill (the Bill) contains details of the new right to request time off for training, proposed by the Government last year.

Compensation award for employee inventors is first of its kind

Fri, 20 Feb 2009 00:00 GMT

For the first time ever, the High Court has awarded two employees compensation for their inventions, which were held to be of 'outstanding benefit' to their employer.

Discretionary bonus can be contractual entitlement

Thu, 19 Feb 2009 00:00 GMT

Bonuses, especially those enjoyed by bankers, are much in the news right now. And all employers must be aware of the legal obligations they can incur even where the bonus is said to be 'discretionary'.

Alternatives to redundancy: Cutting agency workers and fixed-term employees

Wed, 18 Feb 2009 00:00 GMT

In the current economic climate it is understandable that lots of organisations are looking to cut costs.

Racial harassment: Thoughtless comments could have financial costs

Tue, 17 Feb 2009 00:00 GMT

The Employment Appeal Tribunal (EAT) has taken a fresh look at the law on harassment, and handed down guidelines for tribunals dealing with such cases. These make interesting reading for employers and their legal advisers.

Paid annual leave during sick leave: ECJ's decision in Stringer v HMRC

Tue, 10 Feb 2009 00:00 GMT

In this article we consider the practical implications of the decision in Stringer for employers.

Alternatives to redundancy: Changing terms and conditions

Tue, 10 Feb 2009 00:00 GMT

Many employers face difficult choices as they strive to cut costs to help them stay afloat in the current economic climate. But redundancy doesn't always have to be the answer. We share some practical tips on an alternative: changing terms and conditions.

Taxation of termination payments: Don't heap misery on misery

Fri, 06 Feb 2009 00:00 GMT

As the recession continues, many employers will be faced with the unfortunate situation where they are forced to consider the possibility of downsizing their workforce.

House of Lords rules POVA list unlawful

Tue, 27 Jan 2009 00:00 GMT

The House of Lords yesterday handed down a decision that could affect the legitimacy of the POVA list.

Blow for employers as ECJ confirms ill staff accrue holiday

Fri, 23 Jan 2009 00:00 GMT

A worker's entitlement to annual leave continues to accrue while they are off sick, the European Court of Justice (ECJ) has confirmed.

Serious new penalties for directors, employers and employees

Mon, 12 Jan 2009 00:00 GMT

The new Health and Safety (Offences) Act 2008 - which imposes serious new penalties for directors, employers and employees convicted of health and safety offences - comes into force on 16 January 2009.

New remittance rules for non-doms

Wed, 07 Jan 2009 00:00 GMT

The Finance Act 2008 has made significant changes in the taxation of non-UK domiciled individuals.

Shoosmiths volunteers to help HIV/Aids victims in South Africa

Thu, 18 Dec 2008 00:00 GMT

National law firm Shoosmiths is sending a team of four charity volunteers to a South African centre for HIV/AIDS sufferers.

TUPE transfers and insolvency: Employment Appeal Tribunal rejects Government's guidance on status of administrations

Wed, 17 Dec 2008 00:00 GMT

A recent case before the Employment Appeal Tribunal (EAT) has left things 'unhelpfully unclear' for buyers from administrators.

Employers urged to review party policies

Thu, 11 Dec 2008 00:00 GMT

With office parties in full swing and police anti-drink drive campaigns underway, employers should review what they tell employees intent on enjoying themselves.

Court confirms there is life in LIFO

Tue, 09 Dec 2008 00:00 GMT

The High Court recently considered the UK's age discrimination legislation in the context of a redundancy situation, giving guidance on the use of the 'last in first out' (LIFO) selection criterion.

Border agency updates TUPE notification guidance

Tue, 09 Dec 2008 00:00 GMT

The UK Border Agency (UKBA) has updated its guidance on notification following a transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).

Consultation on closing tips loophole added to menu

Tue, 09 Dec 2008 00:00 GMT

Government launches consultation on closing the tips loophole, allowing tips paid to workers via payroll to count towards national minimum wage pay.

Confirmation that disability discrimination by association now applies to all employers

Tue, 09 Dec 2008 00:00 GMT

A tribunal has confirmed that the UK's disability discrimination legislation already extends to "associative discrimination".

Consultation on changing Disability Discrimination Act 1995

Tue, 09 Dec 2008 00:00 GMT

Disability discrimination laws in the UK look set for a shake-up as the Government considers how to respond to a recent House of Lords ruling which, potentially, narrowed the scope of protection for disabled people.

Full steam ahead for personal pension accounts

Tue, 09 Dec 2008 00:00 GMT

The Pensions Act 2008, implementing the Government's workplace pension reforms, received Royal Assent on 26 November. Most reforms are expected to take effect from 2012.

Self-confessed 'IT geek' now a published author

Thu, 04 Dec 2008 00:00 GMT

Solicitor and self-proclaimed 'IT geek' Alex Newson has become an author.

Death knell for the sick note?

Tue, 02 Dec 2008 00:00 GMT

Days of being signed off sick may be numbered under Government plans to radically change attitudes to illness and work. A new "fit note" focusing on what work an employee can do rather than what they can't do will replace the current medical certificate.

Redundancy and unfair dismissal costs to increase from February 2009

Tue, 02 Dec 2008 00:00 GMT

The Government has announced the new compensation limits that will apply from 1 February 2009. This change also affects the amount of statutory redundancy pay an employer is required to make.

Pre-budget report 2008 - tax issues

Tue, 25 Nov 2008 00:00 GMT

The Chancellor delivered the 2008 Pre-Budget Report yesterday (24 November 2008). The following is a summary of the main points:

Test case success for asbestos victims

Fri, 21 Nov 2008 00:00 GMT

Asbestos sufferers have today won a High Court test case that will help other victims secure compensation.

Unprepared firms risk large fines in immigration shake-up

Thu, 20 Nov 2008 00:00 GMT

Businesses are being urged to prepare for immigration's biggest shake-up for 45 years or risk fines for employing illegal workers.

Employment Act 2008 passed

Thu, 20 Nov 2008 00:00 GMT

The much anticipated Employment Act 2008 (the Act) received Royal Assent on the 13 November.

Goodbye statutory procedures, hello ACAS code of practice

Fri, 14 Nov 2008 00:00 GMT

The new ACAS Code of Practice (the Code has been approved by the Secretary of State for Business, Enterprise and Regulatory Reform, and will now go to Parliament for final approval.

Asbestos could pose threat to public sector workers

Tue, 11 Nov 2008 00:00 GMT

Public sector workers could be among thousands more people exposed to the dangers of asbestos than at first thought.

Get ready for immigration system's big shake-up

Mon, 10 Nov 2008 00:00 GMT

The biggest shake-up of the immigration system for 45-years happens at the end of November. Tiers 2 and 5 of the new Australian-style points-based system come into force on 27 November 2008.

Redundancy rights and wrongs

Mon, 10 Nov 2008 00:00 GMT

With the UK economy continuing to be buffeted by the storm of the global financial crisis, the effects are now starting to be felt nearer to home in the real economy.

Doh! Law degree requirement was not age discrimination

Sat, 01 Nov 2008 00:00 GMT

The Employment Appeal Tribunal (EAT) found that a 61-year-old employee was not discriminated against on the grounds of age when his employer introduced a new grading system.

EAT confirms broad reach of religious discrimination laws

Fri, 31 Oct 2008 00:00 GMT

The Employment Appeal Tribunal (EAT) has given a broad interpretation of UK law to ensure compliance with European legislation.

New face of The Duke of Edinburgh's Award found at Shoosmiths

Thu, 30 Oct 2008 00:00 GMT

A solicitor from national law firm Shoosmiths has been selected by youth charity, The Duke of Edinburgh's Award (DofE) to become one of the faces of its new brand.

New Year heralds prison sentences for health and safety offences

Tue, 28 Oct 2008 00:00 GMT

A new Act which comes into force on 16 January 2009 imposes serious new penalties for directors, employers and employees who are convicted of a health and safety offence.

New regime for temporary agency workers approved by Europe

Wed, 22 Oct 2008 00:00 GMT

The European Parliament has approved the controversial temporary agency workers directive after six years of wrangling between EU members. The directive allows for temporary workers in the EU to be treated equally from day one.

Questions over ex gratia payments continue to tax employers

Mon, 20 Oct 2008 00:00 GMT

Tax treatment of termination payments is a perennial issue for employers and their lawyers. Employees often believe they are automatically entitled to tax free payments, but this depends on the facts of the individual case.

Remember, remember the 5th of November

Mon, 20 Oct 2008 00:00 GMT

That time of year is fast approaching, and with it comes the annual firework display, roaring bonfire... and approximately 1,000 people injured.

Stress in the workplace: reasons to be fearful

Mon, 20 Oct 2008 00:00 GMT

Employers owe a duty of care to staff, and must do all they can to protect employees' health and safety at work. This extends to protecting employees' mental health. Employers failing to do so can be liable for unlimited damages for psychiatric injury.

Employers in tribunal claims will have details disclosed

Mon, 20 Oct 2008 00:00 GMT

The Information Commissioner has ordered the Department of Business Enterprise and Regulatory Reform (BERR) to disclose names and addresses of respondents to employment tribunal claims made since October 2004.

Finance Act 2008 contains new residence rule

Mon, 13 Oct 2008 00:00 GMT

A new rule to determine whether a person is resident in the UK for tax purposes is contained in the Finance Act 2008.

Change home ownership to help next generation

Wed, 08 Oct 2008 00:00 GMT

Householders are being urged to change the way they own their homes if they are to provide for their children.

Businesses urged to protect workers or face legal action

Mon, 06 Oct 2008 00:00 GMT

Businesses are being urged to protect their staff by carrying out workplace risk assessments - or face legal action.

Opinion on retirement suggests UK age laws are safe

Wed, 01 Oct 2008 00:00 GMT

On 23 September the European Advocate General (AG) delivered his long awaited opinion in the "Heyday" case concerning the UK's retirement age. His conclusions in the opinion have been widely seen as good news for employers.

National minimum wage increase

Wed, 01 Oct 2008 00:00 GMT

The annual increase in the the National Minimum Wage (NMW) comes into force on Wednesday 1 October and will apply to most workers (not just employees). Employers need to check that they are complying with the new wage rates.

Shoosmiths helps clients plan for a better future

Wed, 24 Sep 2008 00:00 GMT

National law firm Shoosmiths and accountants Chantrey Vellacott DFK have teamed-up to hold seminars aimed to help anyone concerned with tax planning.

Shoosmiths among top five most dynamic law firms

Tue, 23 Sep 2008 00:00 GMT

Shoosmiths is among the top five most progressive and dynamic law firms in the UK.

Extension to flexible working from April 2009

Thu, 28 Aug 2008 00:00 GMT

The Government has announced that it will extend the right to request flexible working to parents of children up to and including the age of 16 in April 2009.

Jumping the gun on retirement was age discrimination

Wed, 20 Aug 2008 00:00 GMT

In a recent case an employer paid a heavy financial penalty for retiring an employee one day before his 65th birthday. The employment tribunal awarded the employee over �36,000 in compensation.

Equal pay claims could cost employers dearly on a TUPE transfer

Tue, 19 Aug 2008 00:00 GMT

A recent Employment Appeal Tribunal (EAT) judgement in the case of Sodexo v Gutridge examined the effect of TUPE (the Transfer of Undertakings (Protection of Employment) Regulations 2006) on transferring employees' claims for equal pay.

Loophole closure tip-off from Shoosmiths

Wed, 13 Aug 2008 00:00 GMT

National law firm Shoosmiths has warned employers that they will shortly no longer be able to use tips given to staff to discharge the obligation to pay the national minimum wage.

Employee tips loophole to be closed

Tue, 05 Aug 2008 00:00 GMT

The law is to be changed so that tips given to staff can no longer count towards an employer's obligation to pay the national minimum wage

Appeal win is good news for defendant companies

Tue, 05 Aug 2008 00:00 GMT

A recent Court of Appeal decision has clarified the position with regard to s.3(1) of the Health and Safety at Work Act 1974 and specifically the concept of �risk'.

Must you disclose internal investigations to regulators?

Thu, 31 Jul 2008 00:00 GMT

Following a serious accident or fatality in the workplace, an organisation will no doubt want to carry out an internal investigation to try and ascertain what the root causes of the incident were and prevent future accidents recurring.

Driving at work: the health and safety implications

Mon, 28 Jul 2008 00:00 GMT

Driving is the most dangerous work activity that most people undertake. An average 20 people are killed and 250 seriously injured every week in crashes involving someone who was driving, riding or otherwise using the road for work purposes.

European Court of Justice (ECJ) ruling extends UK's discrimination law

Tue, 22 Jul 2008 00:00 GMT

The ECJ has delivered a ruling which extends the ambit of the UK's disability discrimination legislation to those who are discriminated against because of their association with a disabled person but who are not themselves disabled.

House of Lords changes the law on disability-related discrimination

Mon, 14 Jul 2008 00:00 GMT

The House of Lords has delivered a major judgement which will change the way in which the Disability Discrimination Act 1995 is interpreted and which is expected to make it harder for employees to succeed in claims of disability related discrimination.

Draft ACAS guidance on new disciplinary and grievance Code of Practice published

Tue, 01 Jul 2008 00:00 GMT

ACAS has published draft guidance to accompany the new Code of Practice that is expected to come into force in April 2009 which sets out good practice for dealing with discipline and grievances in the workplace.

New era for equality legislation moves closer

Tue, 01 Jul 2008 00:00 GMT

The Government published details of the new Equality Bill in a White Paper, called "Framework for a Fairer Future - The Equality Bill" on 26 June. The Bill is expected to be introduced into Parliament in November.

Consultation launched on new right to request time off for training

Tue, 01 Jul 2008 00:00 GMT

The Government has published details of a proposed new right for employees to request time off work for training purposes.

Data protection good practice on transfer of TUPE employee liability information

Tue, 01 Jul 2008 00:00 GMT

Good practice guidance for dealing with data transfers in the context of a business sale or service provision change has been published by the Information Commissioner

UK's age law under scrutiny in Europe next month

Tue, 03 Jun 2008 00:00 GMT

Heyday's challenge to the UK's age discrimination law is due to be heard by the European Advocate General earlier than previously thought, a hearing has been scheduled for 2nd July

Witnessesentials - Top tips for witnesses at employment tribunals

Wed, 28 May 2008 00:00 GMT

No employer likes to think that they could end up being taken to an employment tribunal by an employee. However, there are occasions when an employer is unlucky and has to deal with an employee who is determined to have their "day in Court."

Top level knowledge added as Shoosmiths' IT work grows

Thu, 22 May 2008 00:00 GMT

Shoosmiths has added high level IT knowledge to its Thames Valley commercial team as technology work continues to increase.

Agency workers win equal rights after 12 weeks

Wed, 21 May 2008 00:00 GMT

On 20 May the Government announced that it had agreed a deal between unions and employers that will see agency workers in the UK receive equal treatment after 12 weeks' employment.

Minimising the risk of discrimination

Tue, 25 Mar 2008 00:00 GMT

According to the Equality and Human Rights Commission there are 10 million people in the UK who have rights under the Disability Discrimination Act 1995.

Are your employees social networking or just not working?

Tue, 18 Mar 2008 00:00 GMT

The popularity of social networking sites is a modern day phenomenon: the use of these sites has grown at a huge rate in a relatively short space of time. We look at the problems this can cause in the workplace and what employers can do about it.

Temporary workers and collective redundancy: don't fall foul of the law!

Wed, 05 Mar 2008 00:00 GMT

Temporary workers are often used in the retail sector to plug the labour gap over busy trading periods but retailers could be inadvertently breaching collective redundancy law when the temps are no longer needed.

Employers could be liable for equipment in private homes

Tue, 04 Mar 2008 00:00 GMT

Thousands of companies and organisations could be sued by staff injured even when using equipment not provided or maintained by their employer.

Restrictive covenants: How far can you go?

Wed, 27 Feb 2008 00:00 GMT

What can an employer do when a key employee leaves them for a competitor? How do restrictive covenants work and what are the common problems for employers seeking to enforce them?

Residential landlords alert after scalded baby death inquest

Wed, 06 Feb 2008 00:00 GMT

Shoosmiths is urging residential landlords to heed warnings about the dangers of hot water systems after an inquest into the death of a severely scalded 10-month-old baby said the tragedy could have been avoided.

Not just parents juggling work and caring - Shoosmiths

Mon, 04 Feb 2008 00:00 GMT

Carers who juggle work with looking after someone disabled or elderly have had their situation acknowledged by a European ruling, according to national law firm Shoosmiths.

Penalties for employing illegal workers set to soar

Wed, 30 Jan 2008 00:00 GMT

With new penalties to tackle illegal working coming into force, employers need to ensure that they are fully up to speed on checking employees' right to work in the UK. Be warned, the penalties are increasing significantly and will not be avoided easily.