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1
Employment In 2007 – The Year That Was
As is traditional at this time of year, we will recap on the employment law developments over this past year. Whereas we have not seen any revolutionary new legislation coming into force, there have nevertheless been some interesting developments in areas such as dispute resolution and age discrimination. We have also seen an overhaul of the Companies Act, the introduction of the smoking ban and an increase in the statutory holiday entitlement.
UK
13 Dec 2007
2
Reporting Misconduct
This month we look at some of the issues that may arise in relation to employees who have information about other employees' misconduct; whether they are under a duty to disclose it to their employer and whether the employer can protect their identity in any subsequent disciplinary proceedings.
UK
14 Nov 2007
3
Age Discrimination - One Year On
The Employment Equality (Age) Regulations 2006 (the "Age Regulations") came into force on 1 October 2006. The Age Regulations prohibit discrimination on the grounds of age and are a far-reaching piece of anti-discrimination legislation - it is not limited to protecting only one particular group, but every employee (at one time or another) could potentially bring a claim under the Age Regulations.
UK
29 Oct 2007
4
Stress And New Legislation
Work-related stress may have seemed a distant memory during the summer holidays but with most people now firmly back at work, we report this month on two Court of Appeal cases on stress in the workplace. We also give an overview of employment law developments taking effect next month.
UK
20 Sep 2007
5
Restricting Employees´ Activities - How Far Can You Go?
This month we look at a recent case in which the Court of Appeal upheld a post-termination non-dealing clause in a contract of employment. We also consider the enforceability of restrictive covenants generally and whether the courts are beginning to take a more flexible approach to post-termination restrictions.
UK
23 Aug 2007
6
Contacts List Stored In Outlook Belongs To The Employer
Moving on to this month's employment topic, we look at the recent case of PennWell Publishing (UK) Limited v Isles, which dealt with the ownership of contact lists stored by an employee on his employer's computer system. We will also give a brief overview of employee theft or misuse of confidential information and other data belonging to employers.
UK
18 Jul 2007
7
Time Is Up For Statutory Dispute Resolution Procedures?
It is unlikely that anyone dealing with disputes in the workplace could have failed to notice the introduction of the statutory disciplinary, dismissal and grievance procedures in October 2004 and the potential minefield these procedures created.
UK
4 Apr 2007
8
The Status Of Agency Workers - Still A Muddle?
Two recent cases have dealt with the status of agency workers and whether a contract of employment can be implied between the agency worker and the end user (the client). In both cases, James v London Borough of Greenwich and Craigie v London Borough of Haringey, the Employment Appeal Tribunal (EAT) held that a contract should not be implied.
UK
22 Mar 2007
9
Bumper New Year Edition - That Age Old Problem Won´t Retire
In a previous bulletin, we discussed the impact of the Employment Equality (Age) Regulations 2006 ('the Regulations') that came into force on 1 October 2006. The Regulations protect employees, applicants and contract workers from discrimination, harassment or victimisation on the basis of their age (or perceived age). Just as employers are updating their processes to conform to the Regulations, a recent High Court action may force us all to rethink our approach.
UK
11 Jan 2007
10
Court Not Keen On Bonus Bonanza
Employers can breathe a sigh of relief following the recent case of James Keen v Commerzbank AG, in which the Court of Appeal has handed down a judgment dealing with the high profile issue of discretionary bonus payments.
UK
8 Dec 2006
11
Lifting The Veil - Changes To The "Without Prejudice" Doctrine
The recent case of Brunel University & Anor v Vaseghi & Anor is another reminder of the caution employers should adopt when conducting "without prejudice" discussion.
UK
9 Nov 2006
12
The Cost Of Good Health - Court Awards £800,000 To Bullied City Worker
Mishcon de Reya represented Helen Green against Deutsche Bank in this landmark case, which saw her being awarded over £800,000 in damages.
UK
8 Sep 2006
13
Less Work, More Holidays?
When the Working Time Regulations came into force in 1998, the Government introduced a minimum statutory entitlement to paid holiday for the first time. The right was for workers to have 20 days holiday a year, pro rated for part-timers. However, this included the eight public holidays, and in practice this meant that lowly paid workers were often only granted the minimum entitlement of 20 days, including public holidays.
UK
27 Jun 2006
14
When Grumbling Becomes A Grievance
Section 32 of the Employment Act 2002 requires that a complaint cannot be presented to the Employment Tribunal unless the Claimant has presented a written grievance to their Employer and waited 28 days before commencing any proceedings.
UK
1 Jun 2006
15
More Flexibility for Working Parents
The DTI has recently published for consultation draft Regulations proposing changes to the family-related and flexible working rules. The changes are due to come into force in April 2007, so would apply to parents of children expected to be born, or placed for adoption, on or after 1 April 2007.
UK
17 Feb 2006
16
When is a Grievance Not a Grievance?
Most of you will be aware that new statutory rules for grievance procedures were introduced in October 2004. With very little guidance available at the time, it was inevitable that the rules would ultimately have to be tested by the Employment Tribunals.
UK
25 Jan 2006
17
What´s New From 1 October 2005? (Employment Update)
In recent years, changes to employment legislation have generally been scheduled to come into effect either in April or October every year. With 1 October 2005 approaching, this month's briefing will highlight the main legislative changes, which will take effect from this date.
UK
22 Sep 2005
18
Flouting Employees´ Rights: The Costs Can Be Substantial
This month we report on a recent case in which an employee successfully claimed against her employer for breaching its obligations in relation to a request for flexible working. This is a useful illustration of the pitfalls of failing to deal properly with such requests. We also draw attention to a recently reported whistleblowing case where a prison officer was awarded nearly £500,000 after being badly treated as a result of reporting bullying and intimidation.
UK
27 Jul 2005
19
Age Discrimination - Preparing for the Change
As you may be aware, new age discrimination laws are coming into force in October 2006. Draft regulations have not yet been published, but it is believed that the new legislation will have wide ranging consequences for employment practices and is likely to force a change in the culture of many workplaces.
UK
25 May 2005
20
Sex Discrimination - Changes in the Pipeline
The Government has launched consultation on proposed changes to the Sex Discrimination Act ("SDA"), expected to be implemented on 1 October 2005. In this month's briefing, we highlight the main changes. We also report on a recent Court of Appeal case which focused on whether employees are entitled to holiday pay under the Working Time Regulations when they are on long-term sick leave.
UK
25 May 2005
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