Collective Redundancy Consultation – Draft Regulations Published

The Government has published the draft Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013, which makes changes to the rules relating to collective redundancy consultation. Where an employer is proposing to dismiss as redundant 100 or more employees within a period of 90 days or less, the 90-day minimum consultation period necessary… Read more »

Whistleblowing Partner Not Protected, Rules Court of Appeal

A ‘worker’ who acts as a ‘whistleblower’ – disclosing breaches of the law – receives statutory protection under the law if he or she suffers detrimental treatment as a result of having made the disclosure to the appropriate authorities. Recently, a partner in a professional firm acted as a whistleblower, accusing a fellow partner of… Read more »

Staff Handbooks and Contractual Rights

It is not uncommon for employees’ contracts of employment to expressly incorporate the staff handbook, although much of its contents will refer to policy matters rather than having contractual status. The decision of the Court of Appeal in Keeley v Fosroc International Ltd. illustrates the importance of making sure that the provisions contained in the… Read more »

Protecting Business Interests

When an employee leaves to go to work for another organisation, their employer may wish to have in place safeguards to protect sensitive information relating to the business, to prevent it from falling into the hands of a competitor. One possible way of doing this is through a post-termination restrictive covenant, but this will only… Read more »

In Brief: Working at Height Regulations

Falls from height are the single biggest cause of workplace deaths and one of the main causes of serious injury. A place is ‘at height’ if there is a risk of a fall liable to cause personal injury. The Work at Height Regulations 2005 were introduced in order to help prevent accidents of this type… Read more »

In Brief: Assessment of Repetitive Tasks Tool

Musculoskeletal disorders (MSDs) are the most common occupational illness in Britain. They include problems such as low back pain, joint injuries and repetitive strain injuries of various sorts, and affect more than 500,000 people every year. They are often linked to fairly simple repetitive workplace tasks, such as packing on a production line or the… Read more »

Failing to Prevent Bribery – Are You at Risk?

The Bribery Act 2010 came into force on 1 July 2011. It created a new offence which can be committed by a commercial organisation if it fails to prevent persons associated with it from committing bribery on its behalf. A business can provide a defence by showing that it had ‘adequate procedures’ to prevent bribery… Read more »

TUPE – Service Provision Changes and Single-Purpose Agencies

The Employment Appeal Tribunal (EAT) has found that not all of the employees of a single-purpose operation offering services to vulnerable people needing support with housing matters formed part of an ‘organised grouping’ for the purposes of Regulation 3(3)(a)(i) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) when the local authority decided… Read more »

TUPE Changes – Government Launches Consultation

The Transfer of Undertakings (Protection of Employment) (TUPE) Regulations 2006 extended the scope of the protection available to employees when a business or undertaking changes hands and aimed to provide greater clarity, in particular making it clear that the Regulations apply to service provision changes (e.g. contracting out). However, amidst concerns that the 2006 Regulations… Read more »