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  • Article

    Conflicts Of Interest – Trustees And Directors

    In a determination issued last week, the Pensions Ombudsman found that a trustee can be treated as having acted fairly, notwithstanding that she was subject to an obvious conflict of interests.
    United KingdomEmployment and HR
    MacRoberts
    MacRoberts
  • Article

    Court Grants Order For The Inspection Of Former Employees’ Personal Computers

    In the recent case of Warm Zones v Thurley and another [2014] EWHC 988 (QB), the High Court ordered that an employer was permitted to inspect and take images from the personal computers of two former employees, Ms Thurley and Mr Buckley.
    United KingdomEmployment and HR
    MacRoberts
    MacRoberts
  • Article

    Current Economic Conditions – Flexibility For Pension Contributions

    This week, The Pensions Regulator (TPR) reminded trustees of defined benefit pension schemes that, when considering their funding recovery plans, their investment and other assumptions require to be prudent and realistic, and not based on results that may be extremely difficult to achieve.
    United KingdomEmployment and HR
    MacRoberts
    MacRoberts
  • Article

    Death Takes A Holiday

    The European Court of Justice released its decision on 12 June 2014 in the case of Gülay Bollacke v K + K Klaas & Kock B.V. & Co. KG
    United KingdomEmployment and HR
    MacRoberts
    MacRoberts
  • Article

    ECJ Hands Down Judgement In Woolworths Case

    Woolworths subsequently appealed the decision to the Court of Appeal, which then referred certain questions to the European Court of Justice in January 2014.
    United KingdomEmployment and HR
    MacRoberts
    MacRoberts
  • Article

    Employers' Relief – EAT Confirms Three Month Gap Breaks The Series Of Deductions For Holiday Pay (And Other Unlawful Deductions) Claims

    In Fulton and Another v Bear Scotland Ltd UKEATS/0010/16/JW, the Employment Appeal Tribunal has confirmed that the previous EAT decision that a gap of more than three months between...
    United KingdomEmployment and HR
    MacRoberts
    MacRoberts
  • Article

    Flexible Working For All?

    As of 30 June 2014 any employee will be eligible to make a flexible working request, regardless of the reason, so long as they have at least 26 weeks' continuous service.
    United KingdomEmployment and HR
    MacRoberts
    MacRoberts
  • Article

    Flexible Working For Carers – Definition Of "Relative" To Be Amended

    The amendment takes effect on 3rd May 2007 and will mean that employees who care for their son-in-law or daughter-in-law will also have the right to make a flexible working request.
    United KingdomEmployment and HR
    MacRoberts
    MacRoberts
  • Article

    Government Announces 'Further Progress In The Employment Law Review'

    The Government’s response to the consultation on 'Ending the Employment Relationship' has been published, along with the launch of three further consultations (as part of its ongoing employment law review). It aims to give businesses "certainty and flexibility", whilst protecting individuals.
    United KingdomEmployment and HR
    MacRoberts
    MacRoberts
  • Article

    Headscarves – Is Your Workplace Dress Code Discriminatory?

    A neutral ban on the wearing of all visible religious signs is not direct discrimination, according to the European Court of Justice. A receptionist in Belgium wanted to wear an Islamic headscarf...
    United KingdomEmployment and HR
    MacRoberts
    MacRoberts
  • Article

    In The Headlines - Employer Liable For Assault By Employee

    A Supreme Court ruling has recently found the supermarket Morrisons liable for the actions of an employee who physically assaulted a customer, due to a legal concept called "vicarious liability", under which an employer can be found liable for an employee's actions committed during the time of their employment.
    United KingdomEmployment and HR
    MacRoberts
    MacRoberts
  • Article

    Introduction Of A New National Minimum Living Wage

    Perhaps one of the more surprising announcements made by George Osborne during the Budget last week was that a new national minimum living wage will be introduced from April 2016.
    United KingdomEmployment and HR
    MacRoberts
    MacRoberts
  • Article

    Latest Employment Rates And Changes

    Here is a quick reminder of key employment law changes which came into effect on Monday (1 October 2012).
    United KingdomEmployment and HR
    MacRoberts
    MacRoberts
  • Article

    Mandatory Retirement Age May Be Objectively Justified

    Yesterday, the Supreme Court issued its judgment in the long awaited case of Seldon -v- Clarkson Wright and Jakes, confirming that a mandatory retirement age contained in the law firm's partnership deed could be objectively justified.
    United KingdomEmployment and HR
    MacRoberts
    MacRoberts
  • Article

    New Health And Safety Law Comes Into Force Today

    New legislation comes into force today which significantly changes the sentencing framework for health and safety breaches.
    United KingdomEmployment and HR
    MacRoberts
    MacRoberts
  • Article

    Northern Irish Appeal Court Holds That Voluntary Overtime Should Be Included When Calculating Holiday Pay

    Earlier this month, in the case of Patterson v Castlereagh Borough Council, the question of whether employers should include voluntary overtime when calculating holiday pay was considered by the Court of Appeal Court in Northern Ireland.
    United KingdomEmployment and HR
    MacRoberts
    MacRoberts
  • Article

    Options On The Credit Crunch

    The impact of recent movements in the financial and credit markets mean that many employers are feeling a financial pinch and consequently pay rises this year may be less than many employers would want to provide.
    United KingdomEmployment and HR
    MacRoberts
    MacRoberts
  • Article

    Parents Of Children Up To Age 16 To Have Right To Request Flexible Working

    Imelda Walsh, HR Director of J Sainsbury plc, was commissioned by the Government in November last year, to consider how the right to request flexible working should be extended to parents of older children. She published her report today.
    United KingdomEmployment and HR
    MacRoberts
    MacRoberts
  • Article

    Proposed Shortened Redundancy Consultation Period

    Employment Relations Minister, Jo Swinson, yesterday announced the following proposed changes to collective redundancies rules in redundancy situations
    United KingdomEmployment and HR
    MacRoberts
    MacRoberts
  • Article

    Redundancy & Army Reservists

    Since 2003, in the region of 20,000 army reservists have been mobilised with very few employment disputes being raised.
    United KingdomEmployment and HR
    MacRoberts
    MacRoberts

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