In December, employment partner Mark Watson spoke at the last Fox Williams hrlaw seminar of the year about some important court and employment tribunal decisions to look out for in 2012. Below is a summary of those cases. Age discrimination ...

Remuneration, in particular in relation those in the financial services sector, has remained a hot topic since the first banking crisis in 2007 and has attracted much attention from politicians and newspaper editors alike. Recently the spotlight has been...

This month saw the release of the two leading independent guides to the UK legal profession, both of whom have recognised Fox Williams employment team for their services to employers and also senior employees.  Chambers UK on the Fox Williams...

With the relentless rise of social network sites such as facebook and twitter, employers have unwittingly become exposed to a raft of issues including reduced productivity and irate employees venting their anger towards employers online. As a result, the...

One of the most frustrating aspects of tribunal litigation for employers is that employees who bring spurious claims do not usually have to pay the other side’s legal fees if they lose – unlike in High Court litigation. Employers can therefore...

The scope of what constitutes a “philosophical belief” for the purposes of the Equality Act 2010 (and previously the Employment Equality (Religion or Belief) Regulations 2003) – and therefore qualifying for protection against...

This is the second issue of an occasional e-newsletter, under the Fox Williams hrlaw banner, highlighting developments in TUPE for senior executives, HR professionals and others who have to deal with TUPE in practice, whether that be on outsourcing, service...

The Court of Appeal’s decision in Société Générale v. Raphael Geys may be music to the ears of overworked HR departments, but may have unsatisfactory implications for employees who are faced with summary dismissal.  ...

1. Change to PAYE on termination payments made after P45 issued (from 6 April 2011) HMRC are amending the way in which termination payments that exceed the £30,000 tax-free threshold are dealt with by an employer if paid after the P45 has been...

The proposed changes to the Employment Tribunal system are proving controversial.  David Murphy gives you the low-down on some of the key changes being considered - and hrlaw’s opinion on them. 1.    Extending the qualifying...

The decision in the case of GISDA Cyf v Barratt marks a further step towards furthering employee protection over achieving certainty for employers. Why should we care? As we know, assessing the exact date on which a dismissal is effective is important -...

New year, new problems.. 2010 saw key developments in case law which Ozlem Kulle and Helen Besch outline in their articles. This article highlights key cases that are likely to be decided in 2011. Age discrimination The ECJ is considering in the German...

This is the first issue of an occasional e-newsletter, under the Fox Williams hrlaw banner, highlighting developments in TUPE for senior executives, HR professionals and others who have to deal with TUPE in practice, whether that be on outsourcing, service...

Any person in the Finance Sector designing pay packages, incentives or settling enhanced payments on termination should be aware of the restrictions which are coming into force by virtue of an updated FSA Remuneration Code (the 'Code').   The Code...

We intend to look at the tax treatment of salary sacrifice arrangements more generally in next month’s edition, but this month we consider the recent judgment of the European Court of Justice (“ ECJ ”) in Astra Zeneca UK Ltd v. HMRC...

David Murphy answers questions about the Government’s plan to abolish the default retirement age.  Read below and let us know what you think by answering our short survey.  We are contributing to the Government’s consultation and will...

The Home Secretary recently announced new restrictions on UK business and employment-related immigration, and the first measures swiftly followed.  HR Law reports on the interim immigration cap, and considers the long-term implications for employers. ...

The recent BP oil-spill disaster has shone the spotlight on whistleblowing as disaster prevention, however the recent trends of Tribunals’ decisions on this issue have somewhat stretched the ambit of the legislation. The general recent trend in the...

As of 6 April this year, the right to request to work flexibly was extended from carers of dependents and parents with children under 6 years to include parents with children under 17 years (or under 18 years if the child is disabled). This significantly...

In just a few days time, England kick off their world cup campaign in South Africa.  No doubt, this will lead to fever pitch in work places across the country as staff become increasingly interested in the tournament.  The World Cup can bring great...

HR Law summarises some recent changes to the Points Based System for economic immigration, and asks what further change may be in store after a General Election in which immigration has featured prominently. On the day that Gordon Brown called the general...

Have you ever wanted to brush up on your Spanish skills?  Learn advanced skills in Excel? Improve your presentation skills?  With effect from 6 April 2010, employees who work in an organisation with 250 or more employees and who meet certain...

Can your lawyer attend your disciplinary hearing? The Court of Appeal recently handed down its decision regarding whether a teacher accused of gross misconduct should have been entitled to legal representation at the disciplinary hearing under Article 6 of...

In a landmark ruling, the Court of Appeal has handed down its decision on compensation in discrimination matters, widening the scope for employees to seek high compensation based on career loss due to: stigma and the difficulty of finding employment whilst...

2009 saw several key developments which Hrlaw took a brief look at in December ( http://www.hrlaw.co.uk/site/focus/employment_law_cases_2009 ). This article looks forward to 2010 and at further key cases which are likely to be decided in the new year. ...

  Lawyers have got excited about two recent cases: the High Court decision in the case of R v Governors of X School (regarding a teacher who was accused of kissing a pupil) and the Court of Appeal decision in Kulkarni v Milton Keynes Hospital NHS...

  “ We will make it easier for the Immigration Service to prosecute non-compliant employers ”. Baroness Scotland, House of Lords, 11 February 2004. Baroness Scotland has suffered the indignity of a £5,000 civil penalty for...

  This question has particular relevance for entrepreneurs who set up and run their own companies but for some time the answer has been unclear due to conflicting decisions by the courts. It has come to the fore in the current downturn due to the...

  As of 6 April this year, the right to request to work flexibly was extended from carers of dependents and parents with children under 6 years to include parents with children under 17 years (or under 18 years if the child is disabled). This...

Compromise Agreements : Not always the end of the story Most HR Directors and managers breathe a sigh of relief when a Compromise Agreement is finally signed off by an ex-employee. Often these agreements will come at the end of a lengthy period of...

The much talked of Equality Bill is expected to come into force in October 2010. The Bill is intended to harmonise existing discrimination legislation; to strengthen the law; to support progress on equality and to replace certain technical language with...

A sign of the times – Redundancy related claims on the increase The Employment Tribunal Service recently released statistics which showed a 40% increase in claims in 2007/2008 from the previous year. Only three days later provisional...

Martha Arnold considers the implications of the ECJ’s ruling in Coleman v Attridge Law, in which an employee alleged that she suffered discrimination from her employer because of her disabled son. Ms Coleman, was employed as a legal secretary at...

Aron Pope considers the House of Lord’s reasoning in its decision in Mayor and Burgesses of the London Borough of Lewisham v Malcolm which overturned the previous comparator test for disability discrimination claims. In a majority decision, the House...

Employers might be forgiven for believing that on discovering that an employee does not have the correct permissions to work for them or reside in the UK that the employment must be terminated with immediate effect or the employer will face immediate...

Over the past few years, it has been unclear when an agency worker could be working under an implied contract of employment with the end-user, rather than under any agreement with the recruitment agency.  In 2004, the Court of Appeal held in the case of...

A Court of Appeal decision has provided helpful guidance on whether an employer can fairly dismiss an employee on long term sick leave where the reason for the sick leave is bullying and mismanagement at work. Facts The case, Royal Bank of Scotland plc...

Summary A recent landmark ruling by the Employment Appeal Tribunal (“the EAT”) has significantly altered the position concerning collective redundancies.  The key finding in UK Coal Mining Limited v National Union of Mineworkers is...

Under recent legislative changes, that have amended the Working Time Regulations 1998, the statutory minimum holiday entitlements will increase from 4 weeks per year to 5.6 week per year by 01 April 2009. This increased the minimum entitlement for an...

Rights for working mums received a major boost recently when the High Court ruled that the UK ’s current maternity regime does not comply with EU law.  Hot on the heels of the revised maternity laws which took effect from April this year as...

The Employment Equality (Age) Regulations 2006 (“the Age Regulations”) came into force on 1 October 2006 so they have now been around for over 8 months.  There have so far been no reported decisions of claims which have been brought under...

According to the Department of Health’s latest predictions, more than 12 million adults and one million children will be clinically obese by 2010, if nothing is done to curb Britain ’s addiction to unhealthy living.  The cost implications...

A recent press release from the Equal Opportunities Commission (the “EOC”) has suggested that 6,000 women are “missing” from the 33,000 “top jobs” in the UK . In other words, another 6,000 women would need to take up...

It’s bonus time.  No doubt, in addition to the numerous grateful employees enjoying champagne in the local wine bar, there are a number who feel that they should have been paid more and have written to you threatening grievances and the like, and...

The duties owed by directors to their respective companies have now been codified by the new Companies Act, which received Royal Assent on 8 November 2006 (the “Act”). Although the part of the Act that deals with directors’ duties has not...

At what point does an employer cease to be responsible for its employees’ actions?  This is a particularly pertinent question at Christmas time when parties, lunches and other celebrations and social events provide ample opportunity for alcohol...

On 1 October 2006, the Work and Families Act 2006 was introduced.  This made some important changes to the law on maternity and adoption leave which, as set out below, will need to be reflected in employers’ maternity and adoption policies.  ...

According to a recent article in The Times, a pilot with Virgin Atlantic who was left facially disfigured and unable to fly after a car crash is suing Virgin for constructive dismissal and disability discrimination after allegedly being invited to apply for...

Reports last month of several Civil Servants being dismissed following allegations of lewd behaviour at the Rural Payment Agency (RPA), and of a fireman being investigated for being filmed spinning in a tumble drier at a fire station, raised the issue of how...

Bullying in the workplace has again made it to the headlines.  The Helen Green v Deutsche Bank case filled newspaper columns last month splashing Helen Green’s £800,000 damages award all over the front pages. Taken in conjunction with a...

The equal pay claim is one of the least understood sex discrimination claims, but is becoming increasingly common. DTI statistics show a gender pay gap of 18% for full-time workers and 40% for part-time workers.  Organisations, particularly in the City,...

Unless you have been living under a rock for the past few months you cannot have escaped the fact that the Employment Equality (Age) Regulations 2006 are coming into force on 1st October this year. Information about the new laws is everywhere...

Just reviewing the commentaries to gauge views on that incident in the final match of the World Cup made me understand once again how we all love to watch a good “bundle”. But what if the violence is happening in your workplace?  What if a...

Since the early 1990s communications technology has given an increasing number of people the ability to work effectively from home (although readers who remember using dial-up modems may still be recovering from the stress levels caused by slow and...

The Employment Equality (Sexual Orientation) Regulations 2003 (“the Regulations”) came into force on 1 October 2004.  Since that date, lawyers have been keenly awaiting cases and decisions arising out of these Regulations.  Prior to 1...

Another summer, another season packed full of sport.  Last year it was the Ashes that gripped the nation.  This year, the football world cup looks set to dominate proceedings. In just a few weeks time, England kick off their world cup campaign in...

“You’re fired”, is an expression which HR professionals prefer not to use in this modern era of consultative personal development, in which managers are encouraged to frame even a dismissal as a life opportunity.  But the legendary...

Asoka Karandawala FCA outlines the new pension tax rules which came into effect on 6 April 2006, the main aims of which are to simplify the UK pension regime and encourage greater pension investment The 6 April 2006, also known as...

Since the Commercial Agents Regulations came into effect more than twelve years ago various courts and commentators have wrestled with how to calculate the compensation payable to a terminated agent.  The difficulty lies in the Regulations’...

Society is a strange beast.  It’s trite to say that each of us is an individual – but it happens to be a universal truth: we each have our own fears, strengths, aspirations and desires.  Many of us keep some or all of those facets of...

A huge thank you and well done to all of our readers who took part in the 2005 Christmas Quiz.  The winner will be notified shortly, and for those of you who have been waiting for the answers to our tinsel-clad teasers, wait no more! Question 1 ...

Recent press reports have suggested that the first week in January is the most miserable week of the year for employees and so it is hardly surprising that many HR managers have returned to work after the Christmas break to find a high number of staff off...

Those who are new to holding office in companies, whether public or private, seem to regard being a “director” as a glamorous position. And it can be. But, as many directors and office holders are only too well aware, it can also be an enormous...

Sex Discrimination and harassment have been unlawful since 1975, but it is only 30 years later that we finally have, as part of the sex discrimination legislation, a freestanding statutory definition of sexual harassment. Until the new change in legislation,...

According to a recent IOD/Croner Award survey carried out between July and August this year, the average pay gap between men and women has increased substantially for the first time in four years. Female directors earned an average of £55,000 per...

Have you ever heard the one about the employee who claimed her persistent lateness for work was due to her hair taking too long to dry? What about the one who could not attend work because he had locked himself out of his house wearing only his underpants...

Mrs Starmer, who has a 2 year old daughter and who is expecting her second child, had reduced her working hours by 25 per cent when she returned from maternity leave last year. This would often involve her being away from home for 3 consecutive nights and...

With London winning the race to host the 2012 Olympics, there was much celebration around the capital. However, given that the Olympics are less than 7 years away, London will inevitably see a flurry of commercial activity in preparation for the global...

In an interesting husband to wife disclosure case, the EAT has recently decided in favour of the former employees. The Employment Appeal Tribunal (“EAT”) held in the recent case of Chandlers (Farm Equipment) Limited v. Rainthorpe , that the...

Employers, listen up – some good news from the legal coalface, for once! A recent EAT decision has robustly affirmed the right of employers to make key business decisions without interference. In the case of Scott & Co v Richardson , the...

On 21 April 2005, Jessica Starmer, a female airline pilot for British Airways (“BA”), succeeded in her claims of indirect sex discrimination and the right to work part-time against BA. Supported by her Trade Union, the British Airline Pilots...

With Labour being voted in for its third term, a new legislative programme for the first parliamentary session was set out in the Queen’s Speech on 17 May 2005. This proposes no less than 45 new Bills. Importantly for HR advisors and employers, the...

TFS Derivatives Limited v Morgan Frequently, an employer will wish to prevent former employees from leaving to work for competitors by incorporating in their contracts both a non-compete covenant and provisions for “garden leave”. This case...

Junk v Kuhnel The European Court of Justice (ECJ) has clarified the position on an employer’s duty to inform and consult with employees in a collective redundancy situation. In this case, the ECJ held that a redundancy takes place when the employer...

Adjustments needed before employment? And what about the new law? Williams v. J. Walter Thompson Group Limited (“JWT”). Where an employer knows of a prospective employee’s disability, the employer should not offer that employee the...

Farrell Matthews & Weir v Hansen It may bring a smile to some of your faces to learn that a firm of solicitors has lost a case brought by one of its employees. Ms Hansen, a salaried partner at criminal law specialists Farrell Matthews & Weir...

Wide definition So when are you “disciplining” an employee under the new regime? “Relevant disciplinary action” is defined at regulation 2(1) of the Employment Act 2002 (Dispute Resolution) Regulations 2004 (“the...

Many companies will have heaved a collective sigh of relief at the news just before Christmas that Stephanie Villalba, the former Merrill Lynch executive had lost her sex discrimination claim in the Employment Tribunal. Whilst Ms Villalba won her claim for...

Folu Omilaju (“Mr Omilaju”) resigned from his employment with the London Borough of Waltham Forest (“the Council”) and claimed constructive dismissal. The Council had refused to pay him for the time he was absent without leave...

Many readers will have noticed in the Press last month (perhaps understandably with a degree of concern and bewilderment) that it was reported that a Naval officer in the British Armed Forces has been allowed to register as a Satanist by the ship’s...

Fytche v. Wincanton Logistics plc Mr Fytche was employed by Wincanton as a lorry driver collecting milk from farms and delivering it to the processing depot. His employer provided him with safety boots with steel toe-caps, which were designed to protect...

British working hours are long and getting longer, according to Government statistics published earlier this year. A survey published jointly by the Department for Trade and Industry and Management Today magazine found that 1 in 6 workers now work over 60...

On 7 July 2004 the revised draft Information and Consultation of Employees Regulations were issued, reminding us all again that 6 April 2005 is to herald a major departure from current employment practice. This is the legislation which gives employees new...

1 October 2004 is a date which employers are probably anticipating with a mixture of uncertainty and concern.  A good deal of employment legislation is coming into effect on this date, not least of which is that relating to disability...

Over the last eight years, many principals have realised that they cannot afford to ignore the provisions of the Commercial Agents (Council Directive) Regulations 1993 (as amended) when dealing with their agents. However, in concentrating upon the...

The House of Lords has ruled that the positive duty to make reasonable adjustments under the disability discrimination legislation may extend to positively discriminating in favour of disabled people. The case has been remitted to the employment tribunal...

Our HRLaw survey of over 1900 employers and advisors confirms that immigration is an issue for most. The main findings of our survey were: * Despite alarmist media reports anticipating a flood of workers from Eastern Europe when the EU expanded, only a...