Employment Library
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The statutory right to request flexible working arrangements is currently available to parents of children aged 17 and under (18 and under where the child is disabled) and employees who care for, or expect to care for, certain adults. An employee must have...
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The Agency Workers Regulations 2010 (AWR) came into force on 1 October 2011. Employers who use agency temporary staff should ensure they have procedures in place to comply with the changes. All agency workers are entitled, from the first day of their...
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Employers are reminded that new rights apply to the parents of children born, or those notified that they have been matched with a child for adoption, on or after 3 April 2011. The Additional Paternity Leave Regulations 2010 give new fathers the right to...
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Women who are planning to adopt a child have similar rights as regards protection from unfavourable treatment as employees who are pregnant. This was illustrated by a landmark decision of the Employment Tribunal (ET). Anna Coulombeau joined Enterprise...
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As a result of recent changes in the law, the last date on which an employer could lawfully notify an employee of a retirement dismissal using the statutory Default Retirement Age (DRA) provisions laid down by the Employment Equality (Age) Regulations 2006 ...
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It is indirect discrimination for an employer to apply a provision, criterion or practice that is, on the face of it, age neutral but which puts people in a particular age group at a disadvantage, unless it can be shown to be a proportionate means of...
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Employers should be aware of the potentially serious financial consequences of failing to consult when making collective redundancies. If an employer is proposing to make redundant 20 or more employees at one establishment within a period of 90 days or...
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A recent case before the Employment Appeal Tribunal (EAT) dealt with a situation that is quite common in the construction industry, whereby problems encountered on site require adjustments to the working and staffing arrangements in order to adapt to the...
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Costs orders are the exception, rather than the rule, in Employment Tribunal (ET) proceedings. However, where a claimant acts unreasonably in pursuing a claim, the ET can make a costs award in favour of the other party. In Dunedin Canmore Housing...
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The Court of Appeal has ruled that an employee who suffered a loss as a result of findings of personal and professional misconduct made against him in disciplinary proceedings that were conducted in breach of his employment contract, which would not...
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Employee absences can be both costly and disruptive. It is advisable to have systems in place to measure and analyse these costs so that you can identify problem areas. Are there patterns of absence? Does a particular department have a below average record?...
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The decision of the Employment Appeal Tribunal (EAT) in Hinsley v Chief Constable of West Mercia Constabulary is a reminder to employers that the Disability Discrimination Act 1995 (now superseded by the Equality Act 2010 ) requires reasonable...
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Under Section 4A of the Disability Discrimination Act 1995 (DDA), employers had a duty to make reasonable adjustments to working practices in order to ensure that a disabled employee was not disadvantaged. Under the Equality Act 2010 , which has now...
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For the purposes of the Disability Discrimination Act 1995 (DDA) , a person had a disability if they had a physical or mental impairment which had a substantial and long-term adverse effect on their normal day-to-day activities. Under the Equality Act 2010...
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Research by the Health and Safety Executive shows that 20 people are killed and 250 are seriously injured each week in traffic accidents involving someone driving for business reasons. The threat of employers being prosecuted for road accidents involving...
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Research findings from Medscreen, based on drug testing carried out over the last ten years across a variety of professions, reveal that there has been a 3,000 per cent increase in the number of workers testing positive for cocaine. More than five per cent...
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The Bribery Act 2010 came into force on 1 July 2011. It created a new offence which can be committed by a commercial organisation if it fails to prevent persons associated with it from committing bribery on its behalf. A business can provide a defence by...
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Most businesses would like to benefit from an influx of talent, enthusiasm and fresh ideas. The challenge is to achieve it at an acceptable cost. One option is to employ a recent graduate. In the past, most graduate recruitment was undertaken by large...
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The Advisory, Conciliation and Arbitration Service (ACAS) now has ten electronic learning guides available on its website. The topics are: • bullying and harassment; • managing absence in the workplace; • handling redundancy; •...
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The Advisory, Conciliation and Arbitration Service (ACAS) has useful guidance for employers puzzling over staff holiday pay entitlements. The guidance leaflet gives a summary of holiday entitlements, setting out: the right to annual leave; when a...
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The Health and Safety Executive (HSE) estimates that each year between 1,500 and 3,000 people in Great Britain develop occupational asthma. The number rises to 7,000 cases a year if asthma made worse by work is taken into account. The cost to society is...
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Musculoskeletal disorders (MSDs) are the most common occupational illness in Britain. They include problems such as low back pain, joint injuries and repetitive strain injuries of various sorts, and affect more than 500,000 people every year. They are often...
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The Information Commissioner's Office (ICO) has published a consolidated version of the guidance on data protection issues in employment. This brings together the four existing guides on recruitment and selection, employee records, monitoring at work and...
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Employees diagnosed with progressive forms of cancer are regarded as having a disability for the purposes of the Equality Act 2010 . Employers therefore have a duty to make reasonable adjustments to help employees overcome disadvantages arising from their...
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The UK Border Agency has useful guidance to help UK employers understand the status of asylum seekers, refugees and those with humanitarian protection . This explains what documents employers should ask prospective employees to produce to ensure that they...