Workplace pension reform - firing the starting pistol

The Department for Work and Pensions yesterday announced a batch of regulations that make up some of the final pieces in the jigsaw of workplace pension reform.

Employment Law 2011 review/2012 preview: Part 2

Following our review of 2011's employment law highlights, we look ahead to what 2012 has in store.

An introduction to Brazilian employment law

Employment law in Brazil is very detailed and inflexible, and equally applicable to foreign investors. Recruitment in Brazil needs to respect the local law.

Here Wragge & Co's employment specialists provide an introduction to some of the most significant employment law issues in Brazil.

Employment law 2011 review: another year over...

Another eventful year (nearly) over. In April we said goodbye DRA, hello EJRA as the default retirement age was replaced with the concept of 'employer justified retirement ages'. In October the much anticipated Agency Workers Regulations 2010 came into force. More is on the way.

Racing for the finish line - the comprehensive guide to workplace pension reform. Part three - administering the reforms

Employers in the UK will have to cope with major reforms to workplace pensions that will be implemented from October 2012. The reforms will affect all employers, irrespective of their size or type of business.

Right to bring civil equal pay claims upheld on appeal

The Court of Appeal has stated categorically that claimants in breach of contract equal pay claims can choose between bringing their claims in the civil courts and the more typical jurisdiction of the Employment Tribunals.

Workplace Pension Reform and the public sector

While negotiations continue on the public service pension scheme reforms, a separate pension time bomb has been quietly ticking away.

Staging fright - delays to auto-enrolment staging dates and phasing confirmed

Workplace pension reform received some much needed certainty at the beginning of the month when the Pensions Bill received royal assent. We now close November with further uncertainty with the Government's confirmation that two key elements of workplace pension reform will be delayed.

Racing for the finish line – the comprehensive guide to workplace pension reform. Part two - implementing the reforms

Employers in the UK will have to cope with major reforms to workplace pensions that will be implemented from October 2012.

Racing for the finish line - the comprehensive guide to workplace pension reform. Part one - employer duties

Time is running out for employers to get ready for workplace pension reform.

Pensions Act 2011 - it is here, are you ready?

On 3 November 2011, the Pensions Bill received royal assent. Among other provisions, the Pensions Act 2011 makes changes to the Pensions Act 2008 and finalises the primary legislation for workplace pension reform.

2012 workplace pension reforms - a new set of employee rights?

The Government's workplace pension reforms (due to be introduced in 2012) will have an impact on employment law as well as pensions law. The new legislation will prevent employers from encouraging employees to opt-out of the auto-enrolment provisions.

Public sector pensions lead to public and private sectors strikes – can you stop it?

Autumn employment watch

Welcome to our Autumn round up of employment law developments.

Calm before the storm: why issues around the default retirement age should still be firmly on the radar

The European Court of Justice case of Fuchs v Land Hessen appears to have reassured employers and commentators that objective justification in retirement age cases is a relatively low hurdle to overcome, and that at present it is best to sit tight and wait to see where the land lies.

Proposed civil service cuts survive judicial review

This month's decision in Public and Commercial Services Union and others v The Minister for the Civil Service has established that the "rights" of civil servants to compensation benefits on redundancy from the Civil Service Compensation Scheme were "possessions".

Agency Workers Regulations 2010: the home stretch

We are finally entering the home stretch before the Agency Workers Regulations (AWR) come into force on 1 October 2011.

Take a closer look - an introduction to Chinese employment law

Given the significant and growing importance of China in the world markets, HR managers and those working with them are becoming increasingly involved with issues concerning Chinese employment law.

When is article 6 EHRC (right to a fair trial) applicable to internal disciplinary hearings? Supreme Court overturns Court of Appeal

Today the Supreme Court handed down a judgment in R (on the application of G)  v The Governors of X School. The case concerns whether a teaching assistant, G, faced an internal disciplinary charge of gross misconduct for having formed an inappropriate relationship with a 15 year old boy.

Summer employment watch

Welcome to our summer round-up of employment law developments. This quarter we examine the latest case law developments on unfair dismissal, negligent misstatement, discrimination and transfer of undertakings.

Are rights under an inherited collective agreement static or dynamic? No resolution from the Supreme Court...

The long running saga of the transfer of rights derived from collective agreements continues. The Supreme Court handed down its judgment yesterday on this issue in the case of Parkwood Leisure Limited v Alemo-Herron, but there is no resolution yet.

Spring employment watch

Welcome to our new quarterly round up of employment law developments. In this issue we take a look at key case law developments in discrimination and unfair dismissal as well as a reminder of important legislative developments.

Employers beware - tougher immigration regulations are now in force

Yesterday the Government introduced significant changes to the Points Based Immigration System. These changes will affect Tier 2 (Intra company transfers).

Default retirement age: last orders please

Employers wishing to rely upon the current default retirement age regime have only days left to do so. The date for the phasing out of the DRA - 6 April 2011 - is fast approaching.

TUPE 1 Rescue Culture 0: You can't avoid TUPE with a pre pack

The Employment Appeal Tribunal (EAT) has confirmed that the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) will apply to all transfers of businesses under administration, including 'pre packs'.

Employment Law 2010 review/2011 preview: Part 2

We look ahead to the anticipated judicial and legislative trends for employment law in 2011, which HR professionals need to know.

Calling time on the default retirement age

The Department for Business Innovation and Skills has confirmed its plans to phase out the default retirement age from 6 April 2011. Full abolition will come in from 1 October 2011.

Time is running out...

The Confederation of British Industry has urged the Government to clarify its proposal on phasing out the statutory default retirement age and how it will respond to the concerns raised by businesses in relation to it. Draft Regulations are expected early in 2011, so employers need to get ready now.

Major reforms proposed for student immigration - Government consultation published

The UK Government has published a consultation in respect of the student immigration system. It has committed to making changes across the immigration system to achieve its overall aim of reducing net migration. The student route accounts for two-thirds of migrants entering the UK each year.

Employment Law 2010 review: Another year over...

Another eventful year (nearly) over. In part 1, Wragge & Co's Employment team takes a light-hearted look back at the highlights of 2010. Later, in part 2, we will be looking forward to the anticipated trends for 2011.

Green light for compulsory pension provision

Workplace pension reform emerged this week relatively unscathed from a government review of the policy (Making automatic enrolment work: A review for the DWP).

Agency Workers Regulations 2010: no changes, now get cracking

Late on 19 October,the Government announced it will not be amending the Agency Workers Regulations. Wragge & Co's employment specialists provide an expert analysis of how we have reached this point and useful action points of what employers should be doing now.

A drop in carriage clock sales? Time called on default retirement age

The Department for Business Innovation and Skills and the Department for Work and Pensions have issued a joint consultation on the Government's proposal to phase out the default retirement age.

GAD's door has (partially) re-opened

The GAD announced in July it was suspending the issue of bulk transfer terms and broad comparability testing. This was pending resolution of the issues arising from the Government's plans to use the CPI rather than the RPI for the indexation of public service pensions.

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.

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.

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.

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.

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.

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.

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.

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.

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

Latest update from Wragge & Co's employment team.

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