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

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Archives: April 2014

Whistle while you work: predictions that whistleblowing claims are set to increase

Whether it’s wider whistleblowing incidents such as the global scandal involving Edward Snowden or incidents specifically affecting employers, whistleblowing is rarely out of the news.  A Midlands based NHS Trust was recently in the news as a result of its alleged treatment of a cardiologist who blew the whistle about patient safety. Some timely reminders that, following the recent legal …

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What you say when you think no one is listening…

Set the scene: You, the employer, are in the middle of a disciplinary or grievance hearing. You adjourn the hearing so that you can deliberate and discuss the matter in the employee’s absence. You then reconvene the hearing so that you can inform the employee of your decision. You later find out that the employee has not only secretly recorded …

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TUPE 2014 Reforms – coming to an asset transfer near you

The TUPE regulations set out information that must be provided to a buyer as part of the transfer of a business. For transfers which take place on or after 1 May 2014 the seller will have to provide Employee Liability Information (ELI) 28 days before the transfer date instead of the original 14 days.

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Mexico: opening up the state

Mexico has been a member of the North Atlantic Free Trade Association for over 20 years now and was seen by the then President Salinas de Gartari as an opportunity to establish Mexico as a leading free market economy.

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Indonesia: weathering the storm

Early to mid-2013 was a difficult time for the Indonesian economy. This led to the country becoming tagged with the unfortunate moniker of a member of the “fragile five” of the developing world.

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Nigeria: fancy a MINT?

A recent report has suggested potential growth in Africa over the next five to ten years at comparative figures to those recently seen in China and India. However, as readers will be aware all is not well within the Indo-China arena with signs of stagnation and increased levels of unemployment.

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Turbo Turkey

Turkey is one of the hotly emerging economies forming part of the MINT group (Mexico, Indonesia, Nigeria and Turkey). It’s an interesting nation state which has looked towards the East and the West throughout its history. Initially ambitious to join the then EC since 1959 it’s only since 2005 that it has attempted to engage with the European Union and …

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“One man’s flexibility is another’s insecurity” – the latest on zero hours contracts

Zero hours contracts are back in the news again today. Ed Miliband will make a speech this afternoon setting out how Labour plans to tackle what is perceived by many to be a growing problem.

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Temporary closure of a business – how do you deal with your staff?

A client recently asked how employees should be dealt with where a business is temporarily closed to carry out a refurbishment.

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Time off for jury service – key considerations for an employer

A client was recently placed in a difficult position when an employee was called up for jury service during a peak period for the business. Employee absences to perform such duties can be deeply disruptive to an organisation and can leave both the employer and employee equally adrift as to the situation relating to pay and the law.

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To err is human; and may be unfair but not discriminatory

We all make mistakes from time to time, and we should try to learn from them. In this case we learn not only that mistakenly giving a meeting an incorrect label can render a dismissal procedurally unfair, but also that, thankfully, it won’t make a dismissal discriminatory.

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Right to work checks – are your procedures discriminatory?

The government has now published a code of practice (the Code) providing guidance to employers to help them avoid falling foul of discrimination law when carrying out right to work checks.

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Merkel’s Minimum Wage

Interestingly, German Chancellor Angela Merkel has recently sanctioned Germany’s first minimum wage.

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Is everything in the garden rosy?

On the surface, the result of the judgment in J M Finn & Co Ltd v Holliday does not seem particularly earth-shattering or unexpected. Mr Holliday, who belligerently tried to disregard the terms of his garden leave provision, was held to his 12 month garden leave clause and its restrictions via a final injunction.

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Key employment law changes from 6 April

On 6 April 2014 a number of important changes to employment law come into force.  Here we explain what those changes are and what they mean for you in practice.

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TUPE or not TUPE? How Auto-Enrolment could affect your obligations on transfer

Since the start of pensions auto-enrolment (AE), a number of questions have arisen on the interaction of employers’ AE obligations under the Pensions Act 2008 with the “TUPE” pension protection provisions of the Pensions Act 2004.

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When generosity becomes a right

Key documents in the employment relationship are: 1. A contract of employment setting out the legally binding rights and obligations of the parties. Unless the employer reserves the right to make a particular type of change (e.g. place of work) such changes will normally have to be agreed by the employee.

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