Legislation
Case law: how relevant are previous incidents to unfair dismissal?
30/06/2010 10:37
Employers will welcome guidance on whether a previous incident, which did not trigger disciplinary proceedings, can be taken into account when assessing whether a subsequent dismissal of an employee following a similar incident is fair, in the light of a recent ruling.
Fast-track procedure launched for approving international patent applications
30/06/2010 10:36
Businesses will welcome the launch of a new fast-track procedure for approving international patent applications that will cut waiting times by more than a year.
Case law: intention to dismiss is not actual dismissal
30/06/2010 10:35
Employers will welcome clarification of the circumstances in which an employee is treated as having been dismissed, as given in a recent decision.
Case law: compensation award may exceed amount envisaged by contract
30/06/2010 10:34
Employers may not be able to rely on a contractual cap on compensation for dismissal of an employee, following a significant Court of Appeal ruling.
Case law: delay in bringing discrimination proceedings may be justified
30/06/2010 10:32
Employers need to be aware that an employee who resigns and claims discrimination, albeit some time after the alleged discriminatory acts started, may still succeed in their claim, according to a recent ruling.
Case law: definition of ‘disability’ for discrimination purposes
30/06/2010 10:31
Employers must take care to identify potential disability discrimination claims, even where it appears that the employee is not disabled, following a recent ruling.
New company name availability search from Companies House
30/06/2010 10:15
Businesses forming a new limited company can now check that their new firm’s proposed name is not the same as the name of an existing company ? ie not allowed ? in a new service from Companies House.
New coalition government sets out five-year plan for business
01/06/2010 09:32
Businesses will welcome increased political certainty from the new government, which has set out its five-year plan, ‘The Coalition: our programme for government’, which includes these commitments to business.
Revised European rules for distributing products and services
01/06/2010 09:31
Businesses need to be aware of new European rules affecting agreements between manufacturers and distributors for the sale of products and services that take effect from 1 June 2010.
Case law: consequences of dismissal for employee may affect fairness
01/06/2010 09:30
Employers need to be aware that tribunals will take into account the potential consequences for an employee that would flow from their dismissal, following a recent Court of Appeal decision.
Case law: swapping roles can be ‘reasonable adjustment’ for disabled worker
01/06/2010 09:28
When dealing with a disabled employee, employers may be required to consider swapping their role with a colleague as a ‘reasonable adjustment’ under the disability discrimination rules.
Case law: requirement to hold degree is not age discrimination
01/06/2010 09:28
Employers who require staff in certain jobs to have a degree will not discriminate on grounds of age in relation to employees nearing retirement, according to a recent Court of Appeal ruling.
Case law: compensation for unfair dismissal clarified
01/06/2010 09:27
Employers must take note of a recent ruling in which it was said that the compensation payable to an employee for unfair dismissal should not be reduced when the employee becomes ill after leaving the job.
Case law: delay to disciplinary proceedings for criminal investigation can be justified
01/06/2010 09:26
Employers conducting disciplinary proceedings against an employee who is being investigated by the police have a wide discretion whether to continue or postpone the disciplinary hearing, following a recent ruling.
Case law: ‘without prejudice’ documents not admissible for interpreting settlements
01/06/2010 09:25
Businesses negotiating to settle a dispute with each other cannot use ‘without prejudice’ documents from their negotiations as evidence in any subsequent case to interpret the settlement they reached, the Court of Appeal has ruled.
CIPD guidance on the World Cup and absence management now available
01/06/2010 09:24
Employers will welcome guidance to help them manage staff absence during June’s World Cup.
Equality Act 2010 in force from October
30/04/2010 11:20
Employers need to take notice of the wide-ranging equality law that received Royal Assent in April, key provisions of which come into force in October.
Case law: compensation for injury to feelings in discrimination claims
30/04/2010 11:19
Employers can expect awards for injury to feelings to be made in a wider range of discrimination claims, following a recent ruling.
Case law: disciplinary proceedings can be concluded before holding a grievance appeal
30/04/2010 11:18
Employers do not need to await the outcome of an employee’s grievance appeal before concluding disciplinary proceedings, which may lead to the dismissal of the employee, following a recent ruling.
Case law: delivery costs must not be charged to a consumer who withdraws from a distance contract
30/04/2010 11:18
Businesses are required to refund both the cost of the goods and the delivery charges to a consumer who withdraws from, or cancels, a distance contract – a contract that is not made face-to-face – according to a European Court decision.
Case law: avoiding liability for potentially unlawful comments on a blog
30/04/2010 11:17
Businesses that operate a blog will welcome clarification of the circumstances in which they may or may not be held responsible for comments posted by users, following a recent court ruling.
Case law: statutory duty on company director to avoid conflict of interest
30/04/2010 11:16
Company directors have a duty under the Companies Act 2006 to avoid situations where they have an interest that conflicts, or may conflict, with the interests of their company, as considered in a recent case.
Full vetting and barring scheme guidance issued
30/04/2010 11:15
Employers will welcome new, full guidance now published on how to implement the vetting and barring scheme (VBS) published by the Home Office.