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Legal news, views, trends and tools for HR Professionals. Stay ahead. Go further

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Archives: July 2013

TUPE and Collective Agreements: CJEU prefer ‘static’ approach

What happens to a national or collective agreement after a TUPE transfer? In theory contractual terms within a collective agreements will transfer.  But does the new employer also have to honour future changes to that national or collective agreement even when that new employer may not be a party to the national or collective agreement and may have no say …

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What happens to a national or collective agreement after a TUPE transfer?

TUPE and Collective Agreements: CJEU prefer ‘static’ approach What happens to a national or collective agreement after a TUPE transfer?

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Balancing protected characteristics: B&B discriminated against gay couple by refusing accommodation

In the case Black and other v Susanne Wilkinson [2013] EWCA Civ 820 the Court of Appeal has upheld an earlier decision that a bed and breakfast owner, Mrs Wilkinson, discriminated against a homosexual couple by refusing to allow them to stay in a double room.

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Disability discrimination: is removing a competitive interview process a reasonable adjustment?

Where a disabled person is substantially disadvantaged, in comparison with people who are not disabled, by a provision, criterion or practice (PCP) applied by an employer (for example a decision or policy), the employer is under a duty to make reasonable adjustments in order to assist the disabled person. Failure to make a reasonable adjustment in such circumstances amounts to …

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How do I support my employees during Ramadan?

Ramadan is the ninth month of the Islamic year and it is observed for one lunar month. This year it will be from 9 July to 8 August. As part of their observance of Ramadan, people of Muslim faith often fast from sunrise until sunset during this period. We take a look at issues employers may need to deal with.

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Working time claims double between January and March 2013

Between January and March 2013, Employment Tribunals received 57,737 claims in total. This is a 36% increase than in the same quarter of 2011/2012.

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Government’s response to TUPE consultation delayed

Proposed changes to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (better known as TUPE) had been expected to be published this week in the form of draft regulations. However, during the CIPD Employment Law Conference, Employment Minister, Jo Swinson, announced that BIS will not publish the draft regulations until September.

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New kid on the block: Croatia accedes to the EU

On 1 July 2013, Croatia became a member of the European Union. Croatian nationals no longer need permission to move and live in the UK.

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Legal news, views, trends and tools for HR Professionals. Stay ahead. Go further