UK cap on migrant workers entering the UK

The number of workers entering the UK from outside Europe will be controlled by a new limit the Home Secretary, Theresa May, announced on 28 of June 2010.

£4.3 million compensation for an 'unfair' dismissal

The Court of Appeal decision in Edwards v Chesterfield Royal Hospital NHS Trust will be of particular concern for employers with contractual disciplinary and grievance procedures – most notably the NHS and other public sector employers.

The Equality Act 2010 – 10 things you need to know

The long awaited Equality Act 2010 received Royal Assent on 8 April 2010. The primary aim of the Act is to consolidate and harmonise the existing equality legislation. However, it will also introduce some significant new provisions.

What do you do when you haven't got time to consult?

Real life and legal obligations - not always a happy mixture. In real life things don't go to plan - customers change their minds and demand changes in your work plan. Suddenly you don't need as many people or for as long as you expected.

'Fit notes' to be introduced from 6 April

The demise of the sick note as we have known it for more than 60 years is nigh! The existing sick note will be replaced with a new Statement of Fitness for Work, the so-called 'fit note'.

Feathering the NEST egg - the final shape of workplace pension reform

Costly changes are coming which will affect employers and pension schemes.

Employment Law 2009 review/2010 preview: Part 2

In Part 2 of our year review/preview we look forward to the anticipated judicial and legislative trends for employment law in 2010.

To move or not to move that is the question - is it better to change a location and make a reasonable adjustment than make no change in location at all?

A worker has a disability. There are various adjustments you could make, all of them "reasonable". It would be preferable, as the employer, in terms of cost and business impact to do all of this at another location.

Landmark decision on disability access

Disabled customers have a right to enter your building and you have a duty to help them, even if they can get all the services you provide on-line or elsewhere.

Employment Law 2009 review/2010 preview: Part 1

As in other aspects of life, the two great issues facing the world today, the credit crunch and climate change, are having a significant impact on employment law in 2009. Here, gentle reader, we pick out some of the need-to-know highlights.

Time to act!

The minimum age at which members may take their benefits is to increase from 50 to 55. Introduced by the Finance Act 2004, the changes will take effect on 6 April 2010.

Local Government update

Life never stands still in local government. Read the team's comments on issues, from the ramifications of London Authorities Mutual Limited (LAML) to the new remedies directive, and take note of any action points that will help you and your organisation.

Personal accounts and auto-enrolment - what does this mean for you? (Employment)

Employers, human resource managers and financial directors need to be ready for big changes (and big costs) in workplace pension provision due to arrive in 2012 as reforms, a decade in gestation, finally come to fruition.

A guide to health, safety and other prosecution risks - part 4. Accident investigation - learning from the error of your ways

We all know that accidents do happen from time to time. Immediately after an accident or near miss there is a perfectly natural desire to understand what happened, why and how it can be prevented from happening again.

Heyday challenge fails: UK default retirement age is legal .... for now

The High Court decided last Friday that it is lawful for employers to compulsorily retire employees at age 65. However, this may be a pyrrhic victory for the Government.

Holiday and sickness absence: two sides of the same coin - sick workers must be allowed to defer holiday leave

What do you do when a worker comes back from holiday and says they had flu the whole time, never left their bed and please can they have more holiday to make up for it?

'False self-employment in construction' – Government consultation

The Government is consulting on proposals to make radical changes to taxation of self-employed workers in the construction industry, as they are concerned that their 'self-employment status' is not genuine.

Race discrimination in the construction industry

"Why is there an under-representation of non-white ethnic minority workers in the construction industry, and what should be done about it?"

Unfair dismissal - pensions benefits are not unique says the Court of Appeal

A former employee immediately obtained a new job after being unfairly dismissed. As expected, the Tribunal did not award compensation for future loss of earnings. Unexpectedly, the EAT did agree that ongoing pension loss could nonetheless be considered.

Changes to pensions schemes: potential pitfalls for high earners

Where a company is looking at making a material change to the way in which benefits under its pension scheme are provided after 22 April 2009 or proposing to introduce a new arrangement there could be adverse tax consequences for high earning individuals.

Data protection in challenging times

It goes without saying that the current economic climate is presenting employers with numerous challenges. However, one issue that is often overlooked and increasing is the use of the Subject Access Request (SAR) contained in the Data Protection Act 1998.

Holiday for the long-term sick

Every worker has the statutory right to 5.6 weeks paid holiday a year. This seems straight forward, but after nearly a decade of litigation it is clear that it is anything but.

Should I stay or should I go? Can employers' redundancy selection criteria reward long service?

Employers across the UK are currently facing difficult decisions about their workforce in the context of a very challenging economic environment.

Implementing equal treatment for Agency Workers

Following the passing of the Agency Workers Directive (the Directive) in Brussels at the end of last year, the Government has now launched its consultation on implementation in the UK.

Holiday entitlement - it's a personal thing

Construction companies may find their self-employed subcontractors claiming entitlement to paid annual leave following the judgment of the Employment Appeal Tribunal in Redrow Homes (Yorkshire) Limited v Buckborough and Sewell.

Further judicial guidance on the employment status of casual workers

In the case of R v Pola, the Court of Appeal has provided further guidance as to when a casual worker will be considered to be an employee for the purposes of the Health and Safety at Work etc. Act 1974 (the 'Act').

Unfair dismissal - think twice before dismissing members of a final salary scheme

In a case in February, the Employment Appeal Tribunal confirmed that a tribunal is entitled to differentiate between a final salary pension scheme and a money purchase scheme when awarding compensation to an unfairly dismissed employee.

Legal representation and human rights - the impact on disciplinary procedures

Up to now, employers have only had to deal with the former, at least in internal disciplinary hearings where in the absence of any contractual rights to do so, employees could only be accompanied by a colleague or trade union rep.

The dead hand of TUPE: old agreements bind new employers

Employers can be forced to implement pay rises they never agreed or even discussed: that is the effect of a UK case on TUPE.

The Heyday saga: back from Europe

The Heyday challenge to a state retirement age of 65 has now completed its European outing.

To buy or not to buy - when is the question

The headlines can make it feel as though hanging on for dear life is the only thing left to do in this economy. However, the same economic cycle that's brought us to this point can bring up some useful opportunities for those that spot them.

Wragge & Co endorses 'common sense' approach to people issues

Wragge & Co LLP's employment experts have joined calls for employers to be more innovative in managing people costs.

An opportunity for Insolvency Practitioners: no TUPE in pre-pack administrations?

The EAT has taken TUPE in a radical and, to Insolvency Practitioners, perhaps a welcome direction. The effect of the decision in Oakland v Wellswood (Yorkshire) Ltd is that it does not apply where a business is bought out of a pre-pack administration.

Employees: to employ or not to employ? And should we all be making sacrifices now?

The headlines can make it feel as though hanging on for dear life is the only thing left to do in this economy: however, the same economic cycle that's brought us to this point can bring up some useful opportunities for those that spot them.

Dealing with Madoff

The publicity surrounding the Madoff scandal is set to increase. With the Serious Fraud Office investigation now underway in the UK, it is increasingly likely that investors will seek to recover their losses from financial institutions.

Holiday windfall for long-term sick

Employees on long-term sick continue to accrue holiday which they can take when they finally return to work, says the European Court of Justice.

Employees in Europe?

"Firing in France? Hiring in Germany? Moving to Ireland? Selling in Spain?

If you are doing any of these, you'll want to check out our new European Employment Checkpoint.

Employment Law - 2008 review/2009 preview: Part 2

In Part 2 of our year review/preview we look forward to the anticipated judicial and legislative trends for employment law in 2009.

Employment Law - 2008 review/2009 preview: Part 1

In employment law terms, 2008 was relatively quiet on the new legislation coming into force front. This does not mean that the legislative draftsman have had little to do.

Workforce matters in public procurement

On 27 October 2008, Communities Secretary Hazel Blears published streamlined statutory guidance Best Value and Procurement: Workforce Matters in Best Value Authority Contracting consultation.

Equal Treatment for Agency Workers

After six years of debate, the hotly contested terms of the Temporary Workers Directive were finally approved by the European Parliament on 22 October.

Selection for Redundancy - Back to the '70s?

It's not just inflation and banking crises that are making a comeback. Selection for redundancy on the basis of length of service – 'last in, first out' or 'LIFO' - might still be alive and well, albeit in a rather diluted form.

Olympics update - a round-up of all the latest news

Wragge & Co's latest round-up of Olympic news has a strong focus on the energy resources which will be powering the Games.

Employment law update October 2008

This month sees the return of our bi-monthly employment law alerts.

Maternity leave and non-cash benefits - what's changed?

The rules covering non-cash benefits during maternity leave have changed for women who have an expected week of childbirth (EWC) commencing on or after 5 October 2008.

Heyday: why you're wrong to be relieved

The challenge to a state retirement age of 65 had fallen at the first hurdle; most of the coverage reported there was a long way to go but it was very much round one to the Government.

Redundancy, discrimination and industrial meltdown

It's tough out there. Redundancies are at the forefront of many employers' minds. Unfortunately tribunal decisions reveal that redundancy policies might well break age discrimination laws.

Back to school - an update on the latest pensions developments

The last few months have seen a number of developments in the pensions arena, so we have decided to outline some of the key changes in one document for your return from the summer break: Back to school!

Employment law in the EU - What you need to know

Employment law keeps, mostly, within national borders: people do not. Human Resource managers and in-house lawyers need to be aware of developments not just in the UK but in every country in which their people operate.

Maternity leave and pension contributions

Rules covering non-cash benefits will change this year for pregnant employees with a childbirth expectance week of 5 October 2008 or later.

Everyone is created equal (but some are more equal than others). Latest developments in discrimination law

The courts and tribunals have been busy as ever, delivering decisions in discrimination cases.

The pregnancy debate: you're fired

Nicola Brewer, chief executive of the Equalities and Human Rights Commission, said that employers are thinking twice about offering women of child-bearing age jobs or promotion because women are now entitled to a year off for each child.

Immigration update

Wragge & Co's legal experts bring you the latest immigration news.

New Guidance on Data Protection Issues & TUPE Transfers

The Information Commissioners Office (ICO) has finally published new guidance on data protection issues & TUPE transfers. Wragge & Co's legal experts tell you what you need to know.

Balancing Act: Landmark European agreement on working time and agency workers

A landmark agreement on both the review of the Working Time Directive and a new Temporary (Agency) Workers Directive was reached by the EU Employment Council in the early hours this morning. Wragge & Co's legal experts bring you the latest on this news.

The Agency Workers deal: Is this "the right deal for Britain"?

The Government's agreement with the TUC (Trade Union Congress) and the CBI (Confederation of British Industry) for UK agency workers to receive equal treatment after 12 weeks has made headlines. Read Wragge & Co's expert analysis of situation.

Getting to know you...

Pre-employment verification checks are on the increase. Action Against Business Crime (AABC) has launched a new service for retailers to help them carry out these checks.

Part time workers: an opportune reminder

A quarter of employees in the UK work on a part-time basis and regulations are in place to ensure they are treated the same as their full-time colleagues. Wragge & Co's legal experts keep you informed of what this could mean to you and your organisation.

Imminent changes to the Sex Discrimination Act

On 6 April changes to the Sex Discrimination Act come into effect. Read Wragge & Co's alert to get all the information you need.

Unitary status - staffing

Now that parliamentary approval has been granted for new unitary authorities, the complex task of getting the new councils up and running is under way. With the new authorities taking on the reigns of power from April 2009, the timetable is tight.

Is harassment the new workplace stress claim?

An individual claiming to have suffered personal injury as a result of workplace harassment has various potential claims against their employer - breach of contract, personal injury, discrimination and a claim under the Protection from Harassment Act 1997.

Who employs the agency worker? Some relief for end-users

Employment legislation diary - 2008 and beyond

Employment law in China

Offshoring and TUPE: the courts speak at last

Olympics update - a round up of all the latest news

Protection from Harassment Act and claims against employers

A Court of Appeal decision in Conn v Sunderland City Council may reign back the flurry of claims brought under the Protection from Harassment Act 1997 (PHA).

Can US competes restrain an employee in England?

Listed US corporations often grant senior executives awards of stock options in exchange for non-compete obligations. These can be very valuable for the executive but if the employee is based in England, are they of any value to the employer?

Collective redundancies: Extending the scope of the duty to consult

Age Discrimination - One Year On

Employment Law Update - September 2007

Public sector: staff transfers and the Staff Transfers Pensions Direction 2007

Having difficult conversations - how can you be sure what you say won't come back to haunt you?

Employment Law Update June 2006

Smoke-free workplaces

Is your share sale safe from TUPE?

Employment Law Update

End of the road for the Statutory Dispute Resolution Regulations?

Who employs the agency worker? The saga continues

Employment Tribunal Compensation Limits 02/06 - 02/07

1 October 2006 employment legislative changes quick guide

18 months of learning: The dispute resolution procedures

Age discrimination to be unlawful subject to 'specific aims' objective justification

Amendments to the Working Time Regulations 1998