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Tribunal update: Employer defeats holiday claim from long-term sick employee
Date: 30/07/2010

We provide summaries of recent employment tribunal rulings, including an employer that deafeated a holiday pay claim, made by an employee who had been on long-term sick leave, by breaking the chain of unauthorised deductions. 


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Case report round-up: Failure to report potential fraud to parent company was fundamental breach
Date: 30/07/2010

The Court of Appeal held that an employee was guilty of gross misconduct in failing to report a serious financial risk faced by his employer to its parent company, in one of the case reports added to XpertHR this week. 


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Podcast: Holiday pay; working with trade unions survey
Date: 30/07/2010
XpertHR WeeklyOn this week's XpertHR Weekly, we discuss: the employment tribunal decision in Khan v Martin McColl, which considered whether or not an unlawful deduction from wages claim, for holiday pay covering more than one leave year, can be defeated by the employer’s payment of the employee's final holiday year entitlement; and the findings of the 2010 IRS survey on working with trade unions.  


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Government consults on removal of default retirement age
Date: 29/07/2010

The Government consults on proposals to phase out the default retirement age by 1 October 2011. 


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Compulsory retirement: Court of Appeal dismisses law firm partner's age discrimination appeal
Date: 29/07/2010

The Court of Appeal has held that it could be legitimate for a law firm to have a cut-off age after which partners are required to retire to avoid forcing an assessment of their drop in performance, thus maintaining a confrontation-free workplace. 


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Why we should leave the Agency Workers Regulations alone
Date: 29/07/2010

The Government is showing signs that it may accede to calls to revoke and replace the Agency Workers Regulations 2010, but consultant editor Darren Newman thinks that we should learn to live with them in their current form. 


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Are collective targets for absence levels being met by employers?
Date: 28/07/2010

More than half of the employers taking part in this IRS survey set collective targets for absence levels. The total number of days of sickness absence per employee is the most common target, followed by the number of separate episodes of sickness absence. 


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Is UK trade union membership still on the decline?
Date: 27/07/2010

Trade union membership levels fell by 2.4% to 6.7 million employees compared with 2008, finds latest IRS research. It also reveals that 31% of employers recognise more than three unions, with Unite the most commonly recognised.


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New model policies on working hours and overtime
Date: 27/07/2010

New model policies covering working hours and overtime have been added to the XpertHR policies and documents section.


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Survey: Tell us how you recruit and select staff
Date: 26/07/2010

Take part in IRS research about effective recruitment and selection and receive a complimentary copy of the 2010 IRS survey on labour turnover on completing the survey. 


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Reasonable adjustments in relation to disability: checklist
Date: 26/07/2010

We provide a checklist to help employers meet the obligation to make reasonable adjustments in relation to disabled employees and job applicants. 


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Costs: pursuing claim purely for declaration of unfair dismissal is unreasonable behaviour
Date: 23/07/2010
The Employment Appeal Tribunal has held that, in the context of costs applications, it is unreasonable behaviour for a claimant to pursue an unfair dismissal claim purely for the purpose of obtaining a declaration that he or she was unfairly dismissed. 

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Employer's unambiguous words of dismissal can rarely be retracted
Date: 23/07/2010

The Employment Appeal Tribunal has held that an employer can retract unambiguous words of dismissal only in exceptional circumstances.


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Pay trends July 2010: awards flat at 1%
Date: 23/07/2010
Welcome to XpertHR's pay review resources including IRS data on pay awards, economic indicators, forecasts and analysis. 

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Six in ten employers offer long-service awards, survey finds
Date: 23/07/2010

From cash to champagne, awards for long service are a popular way of showing employees that they are valued. The latest instalment of our employee benefits survey also covers staff discounts and childcare support. 


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Latest on pay awards, wages and salary levels
Date: 23/07/2010
Reward specialists at IRS present their twice monthly settlement summary table, together with detailed reports of recent pay reviews.

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Podcast: Probation periods; costs in the employment tribunal
Date: 23/07/2010
XpertHR Weekly On this week's XpertHR Weekly: practical advice on the use and extension of probation periods in relation to new and transferred employees; and discussion of the Employment Appeal Tribunal decision in Nicolson Highlandwear Ltd v Nicolson, which dealt with what constitutes unreasonable behaviour on the part of an employee in the context of an application by an employer to recover legal costs from that employee. 

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Tribunal update: inclusion of disability-related absences in redundancy scoring was discriminatory
Date: 23/07/2010

We provide summaries of recent employment tribunal rulings, including an employer that discriminated against an employee by including disability-related absences in a redundancy scoring process. 


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EU: Social policy state of play, July 2010
Date: 22/07/2010
The first half of 2010 saw the approval of EU Directives on parental leave, equal treatment in self-employment and preventing sharps injuries, while consultations began again on review of the Working Time Directive. 

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Latest developments from across Europe
Date: 22/07/2010

We report on the creation of a world works council at a French telecoms multinational, the introduction of a quota for women in management at a major German firm and important new employment legislation in Spain. 


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Latest model policies: notice periods and probation
Date: 22/07/2010

The XpertHR policies and documents section has been enhanced by the addition of a model notice periods policy and a probation policy.


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FAQs on redundancy trial periods and time off for adoption meetings
Date: 22/07/2010

Additions to the FAQs section cover pay for redundant employees during a trial period, and time off for employees adopting a child. 


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Bribery Act to come into force in April 2011
Date: 21/07/2010

The Government has confirmed that the Bribery Act 2010 will come into force in April 2011. The Act, which received Royal Assent on 8 April 2010, aims to promote anti-bribery practices among businesses. 


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Benchmarking internal communications: formal strategies are key
Date: 21/07/2010

Internal communications are more likely to be successful and effective if supported by a formal communications strategy, according to 2010 benchmarking research from IRS for XpertHR.


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Postponing leave due to sickness
Date: 21/07/2010

It is advisable to introduce a policy that clearly sets out how sickness during leave will be dealt with, or amend existing annual leave policies to that effect, according to this "weekly dilemma".


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Complying with eye care Regulations
Date: 20/07/2010

The majority (89%) of UK companies are failing to meet their legal obligations to protect their employees' sight, according to a survey of 255 HR professionals published in June 2010 by national sight charity the Eyecare Trust and healthcare provider Simplyhealth. 


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Reasonable adjustments in relation to disability: case study 2
Date: 19/07/2010

Our case study demonstrates how an employer should consider reasonable adjustments to try to accommodate an employee with a disability. 


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Avoiding discrimination in redundancy
Date: 19/07/2010

The case of De Belin v Eversheds Legal Services Ltd highlights the tension between the principle of equal treatment between men and women and ensuring pregnant women and those on maternity leave are protected from unlawful discrimination.  


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Podcast: Internal communications; age discrimination
Date: 16/07/2010

XpertHR WeeklyOn this week's XpertHR Weekly: the IRS internal communications survey 2010, focusing on social media and how employers use communication to manage change; and the implications of an Employment Appeal Tribunal ruling that an age-related cap in an enhanced redundancy scheme was not discriminatory on the grounds of age, because it was a proportionate means of achieving a legitimate aim.


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Case report round-up: Degree requirement for promotion was not age discrimination
Date: 16/07/2010

The Court of Appeal held that an employee unable to obtain a degree necessary to proceed to a higher grade before retirement was not subjected to indirect age discrimination, in one of the case reports added to XpertHR this week.


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Tribunal update: Sikh employee was harassed and victimised
Date: 16/07/2010

We provide summaries of recent employment tribunal rulings, including a Sikh employee who was harassed and victimised by her employer. 


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EAT finds age-related cap on redundancy payments not discriminatory
Date: 15/07/2010

The Employment Appeal Tribunal has held that a redundancy scheme that incorporated an age-related cap on payments was a proportionate means of achieving the legitimate aim of preventing employees from receiving a "windfall" and was not age discriminatory. 


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XpertHR Benchmarking: Key Benchmark feature added
Date: 15/07/2010

XpertHR's benchmarking service has been enhanced with the addition of a new "Key Benchmark" feature.


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New model letters on right to request flexible working
Date: 15/07/2010

New model documents include letters informing an employee that a trial period of flexible working is being extended or cut short and a letter asking an employee to resubmit an invalid request for flexible working.





Vacancies at XpertHR
Summaries of recent employment tribunal cases, along with the full case transcripts.

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