Employment law changes for 2014 what do they mean for your business?
|
|
- Primrose Clemence Jennings
- 8 years ago
- Views:
Transcription
1 Employment law changes for 2014 what do they mean for your business? Employment law has constantly changed and evolved over the last number of years. This year marks a number of further changes including major changes to the ACAS conciliation procedure and the introduction of financial penalties for employers who lose at a tribunal. Employers should also be aware of changes to flexible working and TUPE legislation. The government has also introduced plans to assist companies in dealing with employees who are undergoing long-term periods of absence. This article provides an overview of these developments and looks at how they are likely to impact on your business. Author: David Hession, employment law solicitor at Grindeys. In order to manage your workforce effectively and protect your Company against claims from your employees it is important for employers to keep on top of any current developments. By acting in a way that is unlawful, employers can expose themselves to the risk of costly and time-consuming litigation. It is becoming increasingly more important for employers to know their rights, and their employees rights, from the outset. The new ACAS Conciliation procedure aims to resolve claims before they get to Tribunal Most of you will be aware that the Advisory Conciliation and Arbitration Services (ACAS) consolidate and resolve potential disputes between employers and employees. The introduction of mandatory early conciliation will significantly change the way in which ACAS will attempt to resolve employment disputes. Under the old regulations, there were no requirements on employees to attempt to reach a settlement before issuing a claim. From 06 th May 2014, employees are required to refer (on a mandatory basis) any potential employment claims to ACAS before issuing a claim against their employer. This process is referred to as early conciliation. The new process will commence with a prospective claimant sending information to ACAS which will include the contact details of the respective parties. At this stage, the employee is not required to go into any details about the precise nature of their potential claim. ACAS will nominate an Early Conciliation Support Officer (ECSO) to deal with each case. If the employee indicates that they wish to settle their potential claim, ACAS will then appoint a conciliator. Where both parties indicate that they wish to settle, the conciliator will have up to one month (from the
2 date of receipt of the early conciliation form) to bring about a settlement. This settlement period can be extended by a further period of two weeks if the conciliator feels that there is a reasonable prospect of settlement. If the conciliation officer concludes that settlement is not possible during the conciliation period then a relevant certificate will be issued. If a settlement is concluded then ACAS will draw up an agreement recording the terms of settlement. Claimants will be required to produce evidence to demonstrate that the have been through the early conciliation process. Should they fail to do so; the employment tribunal will reject their claim. Employers should be aware that this new process will not prevent ACAS from attempting to settle employment law claims once they have been issued through the tribunal. An ACAS officer can still attempt to settle case where both parties request it or they consider that there is a reasonable prospect of successfully negotiating a settlement. The introduction of financial penalties for employers who lose at tribunal Employers should be aware of the potential financial sanctions that they could face if a successful claim is brought against them at tribunal. For instance, employees who are successful in bringing unfair dismissal claims could be entitled to a basic award calculated on their length of service and gross weekly earnings which could result in a substantial payout. In addition, tribunals can also award employees compensation based on their loss of earnings. This is currently capped at the lower of 76, 574 or one year s salary. Successful discrimination cases can, in certain circumstances, result in unlimited loss of earnings being awarded to claimants. From April of this year the financial implications of losing at tribunal could increase. The government has now empowered the courts to issue financial penalties against employers who lose at tribunals. These penalties are applied on a discretionary basis and are payable to the Exchequer rather than employees directly. Penalties will be levied where the tribunal considers an employer s breach to have one or more aggravating features. The minimum amount of the penalty will be 100 whereas the maximum amount is 5,000. They can be imposed on employers even in circumstances where a financial award has not been made to the claimant (some cases can result in a nil award even if the employer has lost). Where a financial award is provided to the claimant, the penalty must be 50% of the amount of the award (subject to the cap of 5,000). The employer s ability to pay the award will also be taken into account. Employers will also be entitled to a 50% reduction on the financial penalty if it is paid within 21 days of the date on which the decision has been sent to the employer by the tribunal.
3 The right to request flexible working is extended to every employee Under current employment legislation those employees who submit a flexible working request must have child caring responsibilities. More specifically, they must have a child who is under 17 years old or 18 in circumstances where the child is disabled. Prior to new legislation which came into effect this year, employers had to follow a strict statutory procedure when an employee submitted a request for flexible working. For instance, an employer would be required to hold a meeting with the employee within 28 days of the request being made. There are further timeframes in that employees must be notified of any decisions within a defined period. If a request is refused then an employee should be given the right to appeal this decision. Employers who were not able to comply with a flexible working request should to be able to justify this. The Children and Families Act 2014 extends the right to make a flexible working request to all employees. Companies should still be mindful that employees are still required to have 26 weeks continuous service before a request can be made. Employees are only allowed to make one application within a 12 month period. Companies who accept a flexible working request should also be aware that once a request is accepted, this will become a permanent variation of the employee s contract. Should an employer want an employee to change their hours of work after this period then they would require the employee s consent a general rule. Employers are still advised to ensure that they have a solid business case when informing an employee that their request has been rejected. In addition, the statutory framework for dealing with a request will be abolished under the new legislation. Most employers will breathe a sigh of relief as the previous statutory timeframes were stringent in nature. Going forward, businesses will be expected to consider any requests reasonably. ACAS have published a guide which assists employees in dealing with flexible working requests. This guide is available from their website. Introduction of a Health and Work Assessment and Advisory Service Employers are often faced with the common problem of having to deal with an employee who has been off on long-term sickness absence. A similar problem can exist with those companies who have to deal with employee who undergo regular intermittent periods of absence. Numerous questions can arise in the course of managing employees through a course of absence management. A question
4 often arises as to how long companies have to wait before they consider dismissing an employee on grounds of long-term ill-health. The government has announced that it will set up a new Health and Work Service. At the time of writing, the exact dates for the implementation of this service have yet to be finalised. It is intended that the service will provide assistance to employers, employees and GPs to ensure that those employees with a health condition return to work. The service will consist of two elements. The first stage consists of an assessment where employees who have reached 4 weeks of sickness absence will normally be referred by their GP for an assessment by an occupational health professional. Following an assessment, employees will receive a return to work plan with recommendations which assist them in returning to work. Employees will also be case managed to ensure that their own specific needs are correctly identified. Following the first stage, employers, employees and GPs will be able to access advice through a phone line and advice service. Changes to Transfer of Undertakings Regulations ( TUPE ) The TUPE regulations provide protection to employees in circumstances where a business changes hands. TUPE situations can arise where there has been a transfer of assets or a service provision change. This provision change can typically occur where services provided by businesses are outsourced or in-sourced. This area of law is notoriously technical and companies would be well advised to seek legal advice if they do have any queries in this area. A number of changes to the regulations were implemented on 31 January on this year. The main changes are:- 1. Dismissals made in connection with a change in business ownership can be deemed automatically unfair. A new employer will have a defence to this type of claim if they can demonstrate the dismissal is for an economic, technical or organisational ( ETO ) reason entailing a change in the workforce. For instance, a new employer may decide to undertake a restructuring exercise to reduce staffing costs. This could potentially amount to an ETO defence. Under the amended regulations, the definition of ETO will be extended to specifically refer to a change in the location of the workforce. Companies who are shutting down one of their outlets or offices in a TUPE situation will be able to defend any claims for automatic unfair dismissal; 2. In circumstances where employees transfer between companies, the old employer is obliged to provide the new employer with employee liability information. This usually comprises of contracts of employment and any company policies or procedures. Under the old regulations this information only had to be provided within 14 days of the transfer. This represented an obvious
5 problem for companies in that employee information only had to be made available at a very late stage in the day. The new regulations have sought to address this potential issue for employers taking on new staff as a result of the TUPE regulations. The timeframe has no been extended so that any liability information must now be given at least 28 days prior to the transfer; and 3. Employers seeking to make large-scale redundancies are faced with minimum timescales to consult their employees. These timescales currently stand at 30 days in cases where the employer proposes that 20 or more dismissals will take effect within a period of 90 days or less. For these purposes a dismissal takes effect on the date at which the employment contract comes to an end. This increases to 45 days where employers are proposing to make 100 or more redundancies. Proposed redundancies can often arise within a TUPE context. When faced with an influx of new employees, a company will often seek to restrict staff expenditure by reducing the workforce after the point of transfer. The new TUPE regulations will enable pre-transfer consultation to count for the purposes of complying with the collective redundancy rules. This is provided that the old employer and new employer both agree. The transferee must also conduct meaningful consultation. This article is not intended to constitute legal advice and specialist advice should be sought in individual cases. Should you require any further employment law updates, please do not hesitate to contact a member of the Grindeys team. T: E: employment@grindeys.com W:
VOIP 2000 - HR Direct Fife Council June 2011 Page 1 of 10 MC70
Managing Workforce Change: Transfer of Undertakings (TUPE) P r o c e d u r e This procedure should be applied where there is a transfer of work from one employer to another. The procedure covers the following
More informationWelcome. Donna Gibb, HR Service Manager Elaine Masson, Senior Employment Trainer Empire 01224 701383 e.masson@empirehr.com
1 Welcome Donna Gibb, HR Service Manager Elaine Masson, Senior Employment Trainer Empire 01224 701383 e.masson@empirehr.com 2 Today s Session Employment Law Update - Where are we now and where are we going?
More informationTUPE POLICY AND PROCEDURE FOR SCHOOLS / ACADEMIES
BRINKWORTH EARL DANBY S CE PRIMARY SCHOOL Serving the communities of Brinkworth and Dauntsey VISION Believe to Achieve! To provide a secure, happy and stimulating learning environment in which EVERYONE
More informationCOMPENSATION UPON TERMINATION OF APPOINTMENTS OF DIRECTORS AND SENIOR EXECUTIVES
COMPENSATION UPON TERMINATION OF APPOINTMENTS OF DIRECTORS AND SENIOR EXECUTIVES DIRECTORS ADVISORY SERVICE FACTSHEET These Guidance Notes provide an outline of the relevant provisions, but they are not
More informationCASE BULLETIN. Spring 2014. News in Brief. Inside this issue. ACAS Early Conciliation. Changes to TUPE. New CASE form. ET Protocol Guidance
CASE BULLETIN Issue 5 - Please circulate to all Branch Officers and Stewards News in Brief Discrimination Questionnaires With effect 6 April 2014 the statutory discrimination questionnaire process has
More informationThe Transfer of Undertakings (Protection of Employment) Regulations 2006 ( TUPE )
The Transfer of Undertakings (Protection of Employment) Regulations 2006 ( TUPE ) what is TUPE? Prior to 1981 employees were afforded little protection when their employer changed as a result of the sale
More information09/07/2014. Enterprise and Regulatory Reform Act 2 25 th June 2013. Enterprise and Regulatory Reform Act 7 29 th July 2013
Settlement agreements and unfair dismissal Liz Stephenson Enterprise and Regulatory Reform Act 2 25 th June 2013 Section 13 provides that the qualifying period to claim unfair dismissal does not apply
More informationHR & OD POLICIES. TUPE Manager Q&A
Q. What constitutes a transfer of undertaking under the Transfer of Undertaking (Protection of Employment) Regulations 2006 ()? A. As a general guide, a transfer is said to have taken place when the whole
More informationTHE TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT) REGULATIONS 2006
THE TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT) REGULATIONS 2006 EMPLOYMENT BACKGROUND What is TUPE? TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations. TUPE has
More informationEmployment Law Guide
Employment Law Guide Settlement Agreements (Formally known as Compromise Agreements) See the separate guide. Unfair Dismissal Length of employment Employees can only bring a claim for ordinary unfair dismissal
More informationHow To Settle A Dispute With A Worker
8 May 2014 South London CIPD Employment Law Update Settling Employment Claims The Options Contractual claims No required format Statutory claims Agreed through Acas Settlement agreement in required format
More informationTUPE : The Transfer of Undertakings (Protection of Employment Regulations) 2006 A Brief Guide
TUPE : The Transfer of Undertakings (Protection of Employment Regulations) 2006 A Brief Guide The following is intended to provide a brief introduction to the subject of TUPE. It explains some of the key
More informationThe Transfer of Undertakings (Protection Of Employment) Regulations 2006 "TUPE"
Revised April 2006. This information leaflet gives you introductory guidance to the 2006 TUPE regulations. It does not however give you legal advice. If you need legal advice please contact Matthew Parkinson
More informationAND REDUNDANCY. Summary of the law on
Summary of the law on UNFAIR DISMISSAL AND REDUNDANCY Workers are protected under the Employment Rights Act 1996 from being sacked or chosen unfairly for redundancy. This booklet provides a basic outline
More informationEmployment Law Reform Workshop
Employment Law Reform Workshop Employment Law Workshop Introductions Housekeeping Agenda Questions Agenda Claims in the Employment Tribunal Charlotte Gilbert Reform of TUPE Joanne Henderson Settlement
More informationLEGAL UPDATES AND FACTSHEETS
LEGAL UPDATES AND FACTSHEETS TRANSFER OF UNDERTAKINGS (TUPE) PREFACE: TUPE 1981: This factsheet looks at the law surrounding the transfer of undertakings, established by The Transfer of Undertakings (Protection
More informationThe EC3\Legal Guide to TUPE
The EC3\Legal Guide to TUPE Overview and the 2014 Regulations Marina Garston Legal Director +44 (0)203 553 4879 marina@ec3legal.com This guide focuses on the main provisions of TUPE and takes into account
More informationTransfers of undertakings an introduction
Transfers of undertakings an introduction January 2014 The law relating to transfers of undertakings is notoriously complex and is constantly developing. Inevitably, this account can only be an introduction,
More informationEmployee Rights. Everything you need to know
Employee Rights Everything you need to know If you have a complaint about any element of your work, then you must obtain urgent legal advice. The best way to obtain advice is to contact us immediately.
More informationTUPE 2006 Detailed Analysis
that activity is central or ancillary. Under existing case law this can include an organised group of one person! TUPE 2006 Detailed Analysis The TUPE 2006 Regulations completely replace the 1981 Regulations
More informationLegal Masterclass: TUPE and Pensions
Legal Masterclass: TUPE and Pensions February 2014 Rhian Brace Partner, Employment What we are going to cover Introduction and Context TUPE Overview Contractual Issues and Due Diligence Pensions Transforming
More informationTUPE - The Latest. special reports
What if employees don t want to transfer? An employee has the fundamental freedom to choose their employer. Therefore, on notification of the proposed transfer, an employee has the right not to transfer
More informationTUPE made Interesting! Ed Jenneson Ed Heppel Tuesday, 8 October 2013
TUPE made Interesting! Ed Jenneson Ed Heppel Tuesday, 8 October 2013 Topics for today's briefing: When does TUPE apply? Effects of TUPE Changes to Terms and Conditions Future changes Background Pre 1981
More informationBriefing on TUPE and Bristol Youth Links. 9 March 2012. Jeremy Harrison, Charity HR Simon Collinridge, Sherbornes Solicitors LLP Mark Hubbard, Voscur
Briefing on TUPE and Bristol Youth Links 9 March 2012 Jeremy Harrison, Charity HR Simon Collinridge, Sherbornes Solicitors LLP Mark Hubbard, Voscur Aims of the session To provide an overview of TUPE regulations
More informationTransfer of Undertakings. (Protection of Employment) Regulations 2006
Transfer of Undertakings (Protection of Employment) Regulations 2006 A brief guide to the Transfer of Undertakings (Protection of Employment) Regulations 2006 Published by Unite the Union General Secretary
More informationTUPE AND OUTSOURCING. Louise McCartney Charity Sector Procurement Group 15 th June 2011
TUPE AND OUTSOURCING Louise McCartney Charity Sector Procurement Group 15 th June 2011 Bates Wells & Braithwaite 2009 Transfer of Undertakings (Protection of Employment Regulations) 2006 What is TUPE?
More informationTUPE FAQs. for property transactions
TUPE FAQs for property transactions To assist in understanding what TUPE is and its application to property transactions, we have set out below the top ten frequently asked questions we receive from our
More informationTUPE Regulations Staff contracts when you buy or sell a practice Advice Note 20
Advice TUPE Regulations Staff contracts when you buy or sell a practice Advice Note 20 The Transfer of Undertakings (Protection of Employment) Regulations 2006 (known as TUPE ) provide legal protection
More informationEmployment Law Changes 2013: Are you and your business ready?
Employment Law Changes 2013: Are you and your business ready? Over the past 18 months or so, the UK government has introduced a substantial amount of legislative reforms to UK employment law. These reforms
More informationVarying a contract of employment
Varying a contract of employment We inform, advise, train and work with you Every year Acas helps employers and employees from thousands of workplaces. That means we keep right up-to-date with today s
More informationBriefing note TUPE changes from 31 January 2014
Briefing note TUPE changes from 31 January 2014 The amendments to the TUPE Regulations will come into force on 31 January 2014 and apply to TUPE transfers that take place on or after that date. This Briefing
More informationFEBRUARY BLOG UPDATE ON TUPE UNFAIR APPOINTMENT REVIEW PERIOD
FEBRUARY BLOG Make sure that you are managing your employees well and dealing with issues head on. more... UPDATE ON TUPE We provide an overview of the TUPE regulations and the amendments which came into
More informationTUPE: in a nutshell. Newsletter 1 December 1 st 2014. www.fb-education.co.uk 01332 227596
TUPE: in a nutshell Newsletter 1 December 1 st 2014 www.fb-education.co.uk 01332 227596 TUPE in a nutshell By Natalie Peacock Employment Solicitor for Education What is TUPE? TUPE is an abbreviation for
More informationEmployment law solicitors
Employment law solicitors At Millbank solicitors we are dedicated to providing prompt and practical employment advice to both employers and employees. Our expert lawyers appreciate and understand the ever
More informationA GUIDE TO THE TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT) REGULATIONS 2006
A GUIDE TO THE TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT) REGULATIONS 2006 Jennifer McGrandle & Abigail Black Mayer Brown Type: Published: Last Updated: Keywords: Legal Guide 13.01.2012 13.01.2012
More informationRedundancy & Redeployment Policy. Transformation & Human Resources
Redundancy & Redeployment Policy Transformation & Human Resources Issued by HR Policy Team Effective from REDUNDANCY AND REDEPLOYMENT POLICY 1 General Principles Purpose 1.1 The purpose of the policy is
More informationTUPE. Due. Diligence. suitable. This Due. levels of NCVO. it should
TUPE Due Diligence Checklist August 2012, NCVO http://www.ncvo-vol.org.uk/psd/commissioning/tupe This Due Diligence checklist is for use by voluntary, community and social enterprise organisations conducting
More informationManagement liability - Employment practices liability Policy wording
Special definitions for this section Benefits Claim Defence costs The General terms and conditions and the following terms and conditions all apply to this section. Any compensation awarded to an employee
More informationOur responses to the individual questions set out in the consultation are as follows.
STUC Response to the Department for Business, Innovation and Skills Consultation on Proposed Changes to the Transfer of Undertakings (Protection of Employment) Regulations 2006 Introduction The STUC is
More informationA Respondent s Guide to Employment Tribunal claims
A Respondent s Guide to Employment Tribunal claims Prepared by: LHS Solicitors LLP For further information, please contact: Stuart England Tel: 0845 230 0110 Email: markelhelpline@lhs-solicitors.com A
More informationMAYFIELD SCHOOL. Author: Torbay Human Resources [April 2011] Renewed 9 th November 2015
MAYFIELD SCHOOL Policy: TUPE Guidelines for Managers Author: Torbay Human Resources [April 2011] Governors Committee: Leadership Date adopted: 23 rd May 2011 Renewed 9 th November 2015 Next review: Autumn
More informationThe Effect of a disciplinary Investigation on Unfair Dismal
NEWSLETTER 104 MAY 2014 NEW PAY RATES IN FORCE 5 MAY 2014 New pay rates came into force on 5 May contact us immediately if you need more information. THE IMPORTANCE OF A WELL- CONDUCTED DISCIPLINARY INVESTIGATION
More informationTUPE Redundancy Restructuring
Thinking the unthinkable TUPE Redundancy Restructuring Mark Makin Acas Senior Adviser Aims and objectives of today By the end of this session we will: provide an overview of the Transfer of Undertakings
More informationSummary of the law on UNFAIR DISMISSAL AND REDUNDANCY
Summary of the law on UNFAIR DISMISSAL AND REDUNDANCY Workers are protected under the Employment Rights Act 1996 from being sacked or chosen unfairly for redundancy. All employees can bring a claim of
More informationTransfer of undertakings. Business owner/ manager briefing
Transfer of undertakings Business owner/ manager briefing 02 Transfer of undertakings: Business owner / manager briefing Transfer of undertakings: manager / business owner briefing on handling TUPE transfers
More informationEmployment Law e-alert December 2012
Employment Law e-alert December 2012 Welcome Welcome to December s e-alert. Following on from last month s e-alert on the topic of constructive dismissal, this month s Q&A takes a look at the area of unfair
More informationEmployer commencement as a self-insurer
External Guideline #21 Employer commencement as a self-insurer Version 4 1 April 2015 Contents 1 Overview... 4 2 Employer election... 4 3 Election to assume tail claims... 5 3.1 Transfer date... 5 3.2
More informationSettlement Agreements
We re Leigh Day and we believe everyone has the right to justice and for their voice to be heard Settlement Agreements Practical tips and points to consider when negotiating terms Top claimant firm Leigh
More informationDealing with disputes at work
Factsheet 70 November 2013 About this factsheet This factsheet is aimed at older people who are in work and covers information on dealing with a dispute with an employer, including taking legal action.
More informationEmployment Law. Jeremy Allin Sue Evans Emma Ladley. March 2013
Employment Law Jeremy Allin Sue Evans Emma Ladley March 2013 What will we be talking about? Keeping afloat An overview of the Transfer of Undertakings (Protection of Employment) Regulations 2006 ( TUPE
More informationThere have been many changes to employment law and regulations over the years. A key area is the freedom or lack of freedom to dismiss an employee.
Dismissal Procedures There have been many changes to employment law and regulations over the years. A key area is the freedom or lack of freedom to dismiss an employee. An employee s employment can be
More informationThis innovative Scheme has been developed to resolve small claims disputes within the maritime industry.
THE RULES OF THE SMALL CLAIMS ARBITRATION SCHEME OF THE MARITIME ARBITRATORS ASSOCIATION of NIGERIA 2006 1ST EDITION (To apply to applications received on or after 1st May 2006) This innovative Scheme
More informationAccident Compensation Act
Accident Compensation Act Changes to the Accident Compensation Act 1985 explained Edition No. 1 March 2010 Contents Introduction 1 Overview of changes 2 Key changes Workers entitlement to compensation
More informationEmployment Breakfast Briefing TUPE: Changes in 2014 - Impact and Practicalities
Employment Breakfast Briefing TUPE: Changes in 2014 - Impact and Practicalities Thursday 6 March 2014 Adrian Crawford, Partner, Employment Kirsty Churm, Solicitor, Employment Collective redundancy consultation
More informationTribunals and Tribulations. 17 September 2013
Tribunals and Tribulations 17 September 2013 Today s session Termination strategy Protected conversations Without prejudice conversations Changes to unfair dismissal compensation Changes to collective
More informationEmployment Law Glossary of key terms and abbreviations
Employment Law Glossary of key terms and abbreviations ACAS ACAS stands for the Advisory, Conciliation and Arbitration Service a UK government funded independent body offering conciliation services to
More informationFREQUENTLY ASKED QUESTIONS TUPE
FREQUENTLY ASKED QUESTIONS TUPE DATE: 25 th July 2014 VERSION: 4 AUTHORS: HR ADVISORY NUMBER QUESTION ANSWER 1 What is TUPE? TUPE is an abbreviation for the Transfer of Undertakings (Protection of Employment)
More informationA summary of the law on: Unfair Dismissal and Redundancy
A summary of the law on: Unfair Dismissal and Redundancy Employees are protected under the Employment Rights (Northern Ireland) Order 1996 from being unfairly dismissed or chosen unfairly for redundancy.
More informationEmployment Law Update - Heptonstalls Solicitors October 2015 Issue 178. Shaun Pinchbeck LL.B shaun.pinchbeck@heptonstalls.co.uk Tel: 01405 765661
Welcome to the latest edition of our Employment Law update. If you have any questions arising from these articles or any other queries, please do not hesitate to contact Shaun Pinchbeck, Head of Employment
More informationPRINCIPAL EMPLOYMENT LAWYER
Hammersmith & Fulham borough of opportunity PRINCIPAL EMPLOYMENT LAWYER Legal Services Application Pack Information for applicants Politically Restricted Posts Job Description Selection Criteria POLITICALLY
More informationEmployment Tribunals. The most common claims at an employment tribunal involve:
Employment Tribunals Employment tribunals can be a stressful, time-consuming daunting process but unfortunately many businesses have grievances or disputes with employees that just can t be resolved. An
More informationEmployee pension rights after a TUPE transfer
Employee pension rights after a TUPE transfer June 2006 Contents Introduction History of TUPE and pensions Public sector contracts The Pensions Act 2004 The general principles Pension obligations on TUPE
More informationPolicy & Procedure. Specific Instructions to Tenderers for Contracted- Out Services relating to Transfer of Undertakings
Specific Instructions to Tenderers for Contracted- Out Services relating to Transfer of Undertakings 1. Your attention is drawn to SI 131 of 2003 entitled European Communities (Protection of Employees
More informationIOSH Annual Conference 14 th May 2015
IOSH Annual Conference 14 th May 2015 When an accident investigation reveals misconduct David Hughes Partner & Solicitor Advocate Resolving the different aims of H&S and HR What are the aims of H&S and
More informationUnfair Dismissal Overview Definitions What is a dismissal? Constructive Dismissal not What is unfair dismissal? unfairly dismissed
Unfair Dismissal Overview This module contains information on the new unfair dismissal laws and covers off the following matters: Definitions surrounding unfair dismissal The Small Business Fair Dismissal
More informationWorkers Compensation Amendment (Transitional) Regulation 2012
New South Wales Workers Compensation Amendment (Transitional) Regulation 2012 under the Workers Compensation Act 1987 Her Excellency the Governor, with the advice of the Executive Council, has made the
More informationMotor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95
New South Wales Motor Accidents Compensation Amendment (Claims and Dispute Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Motor Accidents Compensation Act 1999 No 41 2 4 Amendment of other
More informationTRANSFER OF UNDERTAKINGS (TUPE)
Employment Manual TRANSFER OF UNDERTAKINGS (TUPE) TOOLKIT FOR MANAGERS TRANSFER OF UNDERTAKINGS (TUPE) TOOLKIT FOR MANAGERS CONTENTS TABLE TRANSFER OF UNDERTAKINGS (TUPE)...2 TOOLKIT FOR MANAGERS...2 INTRODUCTION...2
More informationDefending An Employment Tribunal Claim
Defending An Employment Tribunal Claim 1. Employment tribunals What you need to know to defend a claim Employment tribunals hear cases and make decisions on employment issues such as unfair dismissal,
More informationW4MP Guide: Employment Rights
W4MP Guide: Employment Rights This guide aims to provide a basic outline of the main employment rights issues that are relevant to staff who are responsible for recruiting new staff, employees of MPs who
More informationDisciplinary Policy and Procedure
Disciplinary Policy and Procedure Policy The success of the University is dependent on its most important resource, its staff. It is therefore vital that all employees are encouraged to work to the best
More informationEMPLOYMENT RIGHTS ON THE TRANSFER OF AN UNDERTAKING
EMPLOYMENT RIGHTS ON THE TRANSFER OF AN UNDERTAKING A guide to the 2006 TUPE Regulations (as amended by the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations
More informationDisability and sickness absence
Disability and sickness absence As a not for profit charity, we rely on your donations. If you find this factsheet useful, please consider making a donation of 5 to help us to continue to help others.
More informationAgency Worker Regulations
The Agency Workers Directive is a piece of European legislation which became law on 5th December 2008. All EU member states have 3 years from that date to implement the Directive via their own national
More informationGuidance on managing staff employment in schools. This guidance is intended for: Governors Head Teachers Local Authorities
Guidance on managing staff employment in schools This guidance is intended for: Governors Head Teachers Local Authorities Contents Chapter 1: Introduction 06 Chapter 2: Delegation of authority by the
More informationhttp://www.pbookshop.com
8 EMPLOYEE LIABILITY INFORMATION A. Introduction 8.01 1. Th e Directive 8.01 2. TUPE 2006 8.03 B. Employees 8.07 C. Information 8.09 1. Prescribed information 8.09 2. Employment particulars 8.11 3. Disciplinary
More informationBuying a business in Europe: understanding the employment issues and how to ensure a smooth acquisition. 9 June 2015
Buying a business in Europe: understanding the employment issues and how to ensure a smooth acquisition 9 June 2015 1 Agenda The impact of the Acquired Rights Directive on the purchase of a business How
More information2006 No. 246 TERMS AND CONDITIONS OF EMPLOYMENT. The Transfer of Undertakings (Protection of Employment) Regulations 2006
STATUTORY INSTRUMENTS 2006 No. 246 TERMS AND CONDITIONS OF EMPLOYMENT The Transfer of Undertakings (Protection of Employment) Regulations 2006 Made - - - - 6th February 2006 Laid before Parliament 7th
More informationLEGAL SCHEME REGULATIONS
LEGAL SCHEME REGULATIONS These Regulations came into force on 1 July 2014. 1 Introduction 1.1 These Regulations govern the Union s legal Scheme. The Rules of the Union set out your other rights and entitlements.
More informationTUPE: Frequently Asked Questions For Schools becoming an Academy
TUPE: Frequently Asked Questions For Schools becoming an Academy 1. PURPOSE This document is for Governors, Head Teachers and staff of schools who have received the Academy Order from the Department for
More informationGuide to Employment Tribunal Proceedings
Guide to Employment Tribunal Proceedings BallantyneGrant Solicitors the litigation specialists www.ballantynegrantllp.com INTRODUCTION This guide is the second in our series of articles explaining various
More informationPCS legal and personal case services Defending members access to justice
Dealing with problems at work Employment Tribunal fees Settlement agreements PCS Personal Injury Compensation scheme Criminal legal expenses insurance Will writing service, conveyancing Medical negligence
More informationDismissing senior executives in China
Briefing Dismissing senior executives in China Summary Terminating the employment of senior executives can be tricky in any jurisdiction and the People s Republic of China (PRC) is no exception. This briefing
More informationPractical guide... termination of employment
The decision to dismiss an employee is an area of the employment relationship that requires an understanding of a wide range of legislative and other obligations of an employer. The decision is also a
More informationLegal Expenses Policy Wording
NB: The insurance provided by this Policy is on a claims made basis, which means that for there to be a valid claim under this Section, the claim must be reported to the company within the Period of Insurance.
More information0116 255-0-255 Or email enquiry@compromiseagreementfast.com. An Employee s Guide to Compromise Agreements. Free ebook
An Employee s Guide to Compromise Agreements Free ebook Fast Turnaround Of Your Agreement Usually No Cost At All To The Employee Different Packages Available Freephone For Immediate Attention www.compromiseagreementfast.com
More informationHow to Make a Claim. Guide. The Equality Act 2010
working with Guide The Equality Act 2010 The TAEN Guides to the age related provisions of the Equality Act 2010 are primarily for employees, jobseekers and learners and aim to give a simple, clear explanation.
More informationThompsons Trade Union Law Service: Head Office Briefing
Thompsons Trade Union Law Service: Head Office Briefing The NEW TUPE REGULATIONS January 2014 The new TUPE Regulations were laid before Parliament on 10 January and come into force on 31 January 2014.
More informationHIRING,EMPLOYING & DISMISSING MIGRANT WORKERS - THE ESSENTIALS FOR UK HR
HIRING,EMPLOYING & DISMISSING MIGRANT WORKERS - THE ESSENTIALS FOR UK HR 28 February 2013 Rose Carey Head of Immigration Anne-Marie Balfour Senior Solicitor, Employment Rose Carey Rose Carey Partner &
More informationHazel Cottage Studio Weston-on-the-Green. Hazel Cottage Studio Weston-on-the-Green OX25 3QX OX25 3QX BRIEFING
! BRIEFING All Change Repeal of the Statutory Dispute Resolution Procedures in April 2009 Introduction This note examines the effect of the repeal of the statutory disciplinary and grievance procedures,
More informationProject Managing TUPE transfers when outsourcing to a Contractor An overview of pension implications and procedures for LGPS Scheme Employers
AVON PENSION FUND Project Managing TUPE transfers when outsourcing to a Contractor An overview of pension implications and procedures for LGPS Scheme Employers Project Managing TUPE transfers when outsourcing
More informationEmployment in Poland 2012
BRIEFING NOTE Employment in Poland 2012 1. Employment Cost 2. Legal System 3. Employer s obligations 4. Types of employment contract 5. Working time 6. Holiday 7. Sick pay 8. Parenthood rights 9. Mass
More informationJohn Evason, Monica Kurnatowska and Daniel Ellis Partners, Collective Rights Group
Employment Focus on Redundancy London August 2008 Contents What is Redundancy?.........................2 Individual Consultation........................3 Collective Consultation........................4
More informationLitigation schemes and proof of debt schemes: Managing conflicts of interest
REGULATORY GUIDE 248 Litigation schemes and proof of debt schemes: Managing conflicts of interest April 2013 About this guide This guide sets out our approach on how a person who provides a financial service
More informationEmployment. What employers need to know. lawnet.co.uk Further, together
Employment What employers need to know lawnet.co.uk Further, together Our role Employees can be one of the most valuable assets a business has but when things go wrong they can also represent a major risk
More informationHR Service Level Agreement 2013 / 14
HR Service Level Agreement 2013 / 14 Why use City of York Council HR Service There are a number of reasons why you should choose to work with the York HR Service: HR understands education and can apply
More informationHarold Benjamin. employment pocket guide
Harold Benjamin employment pocket guide did you know? Employees accrue holiday entitlement when they are on sick leave and maternity leave. There is now no set retirement age. Before an employee can bring
More informationEmployment Law Made Easy by Melanie Slocombe, Consultant Solicitor at Henmans LLP
This is an excerpt from Lawpack s book Employment Law Made Easy. To find out more about the employment law regulations and how they should be applied in the workplace, click here. Employment Law Made Easy
More informationUniversity of Limerick Income Continuance Plan
University of Limerick Income Continuance Plan Introduction This explanatory booklet was produced by Willis Risk Services (Ireland) Limited and provides a brief outline only of the main benefits of the
More informationin the Northern Territory
23 JUNE 2011 WORKERS COMPENSATION BEST PRACTICE GUIDELINES for APPROVED INSURERS and SELF INSURERS in the Northern Territory Workers Compensation NT WorkSafe is the administrative arm of the Work Health
More information