Welcome to E-Source

29/1/2012

Welcome to E-Source


Welcome to E-Source, the employment law information service provided by TLT's Employment Pensions and Incentives. This site is a complete resource for you, our clients, when you need advice on HR matters.


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Latest E-Source Update



TLT was a finalist for 'Employment, Pensions, Benefits and Tax Team of the Year' in the 2007 British Legal Awards. David Pester was named 'Managing Partner of the Year'.


23 - 27 January 2012

New unfair dismissal qualifying period will only apply to new joiners

16 - 20 January 2012

ACAS produces guidance for Employers on 2012 Olympics

9 - 13 January 2012

What to expect in 2012

3 - 6 January 2012

TUPE and unfair dismissal 
New statutory benefit rates announced

12 - 16 December 2011

Requiring employees to take statutory annual leave when not required to work
Incremental pay scales and equal pay

5 - 9 December 2011

Fair dismissal procedure for those on long term sick leave

28 November - 2 December 2011

Reform of Employment Law
Carry-over of holiday during sick leave – the saga continues
Auto enrolment - delay for small employers

14 - 18 November 2011

Holiday pay while on sick leave saga continues to unfold...

31 October - 4 November 2011

Whistleblowing: causation and vicarious liability
TUPE: when will dismissals post transfer for failure to accept new terms and conditions be automatically unfair?

17 - 21 October 2011

When is a change in terms and conditions following a TUPE transfer by reason of the transfer or for a reason connected with the transfer?
Agency worker Regulations: New Guidance for Local authorities
Strengthening boardroom diversity

10 - 14 October 2011

Cost of reasonable adjustments
Unfair dismissal qualifying service and tribunal fees

3 - 7 October 2011

Dismissal for making derogatory comments on Facebook found to be unfair
Changes coming into force in October 2011

19 - 23 September 2011

Agency Workers Regulations going ahead as planned
ECJ holds that forcing pilots to retire at 60 was not objectively justified
EAT finds that dismissal and re-engagement without benefit of buyout sum is not necessarily unfair
Pensions auto-enrolment...are you ready?

12 - 16 September 2011

Reasonable adjustments must assist a return to work

5 - 9 September 2011

EAT rejects the idea of "self-dismissal"
2010/11 Employment Tribunals and EAT statistics published

15 - 19 August 2011

Summary dismissal during notice period

1 - 5 August 2011

Employment status: contractual wording is not determinative
Holiday entitlement for sick workers:  an update

25 - 29 July 2011

Unfair dismissal: driving without a licence

18 - 22 July 2011

TUPE: equal pay claims and the genuine material factor defence
Government consultation: employment services for the disabled

11 - 15 July 2011

Dismissal for refusal to agree pay cut: Tribunal should focus on the reasonableness of the employer's decision

4 - 8 July 2011

Entitlement to legal representation at disciplinary hearings
When does the obligation to make reasonable adjustments arise?

27 June - 1 July 2011

Public Sector strikes – responding to requests for "dependant leave" to look after children
Recent case illustrates how employers can be liable for harassment carried out by a third party

20 - 24 June 2011

Are your managers able to deal with difficult issues in the workplace?

6 - 17 June 2011

When is it reasonable to dismiss for conduct outside the workplace?

31 May - 3 June 2011

Employer's refusal to allow a Muslim to take time off to attend Friday prayers during working hours was objectively justified

23 - 27 May 2011

Claim allowed of employee found "reasonably ignorant" of unfair dismissal time limit
Pensions Regulator issues guidance notes on pension auto-enrolment
Consultation on Modern Workplaces

16 - 20 May 2011

Career-long loss of earnings only appropriate in exceptional cases
Guidance published on Agency Workers Regulations

9 - 13 May 2011

References and comments about former employees: employer liable for negligent misstatement

2 - 6 May 2011

Equality Act 2010: guidance on definition of disability
Surveillance of employees on sick leave
Employee fairly dismissed for inappropriate Facebook comments

18 - 22 April 2011

Time off for dependants: A cautionary tale

11 - 15 April 2011

Redundancy and sex discrimination

4 - 8 April 2011

Employment law changes this week:
Moratorium starting on 1 April 2011 exempts micro and start-up businesses from new domestic regulation
Abolition of Default Retirement Age
Additional paternity leave and pay
Positive action in recruitment and promotions provisions of the Equality Act 2010 come into force
Proposals no longer taking place

28 March - 1 April 2011

Failure to help disabled employee to retire on ill-health grounds does not amount to a breach of the duty to make reasonable adjustments

21 - 25 March 2011

Court of Appeal warns against “pernickety critiques” of tribunal decisions
Offensive employee did not suffer harassment from “homophobic banter”
Changes to tax deductions on termination payments 

7 - 11 March 2011

Revisiting the validity of a final written warning

21 February - 4 March 2011

First corporate manslaughter prosecution and conviction
TUPE and pre-pack administrations

14 - 18 February 2011

Unfair dismissal: the range of reasonable responses test

17 - 28 January 2011

ACAS guidance on the default retirement age
Government plans to overhaul flexible working by 2015
Positive Action in recruitment and promotion: GEO guidance published 
Policy of making pub less attractive to gay customers amounted to discrimination against a gay employee

10 - 14 January 2011

The dismissal of an employee who raised multiple false grievances was not victimisation

3 - 7 January 2011

A look ahead to 2011

20 - 24 December 2010

Employer justified in considering cost of adjustments "unreasonable'
Increased tribunal compensation limits and statutory payments

13 - 17 December 2010

Government publishes Equality Strategy
Whistleblowing detriment claim will succeed unless disclosure played no part whatsoever in reasons for treatment

22 November - 3 December 2010

Individual who has no interest in job vacancy is not eligible to claim discrimination
Agency worker held not to be an employee despite the high level of control that the end user exercised over his working arrangements
Discrimination on multiple ground

15 - 16 November 2010

Collective redundancy consultation referred to the ECJ
Employer vicariously liable for theft committed by employee

8 - 12 November 2010

Redundancy: Employers should explain how scores were reached
New guidance for employers on illegal working
New guidance for employers on employer-supported childcare

1 - 5 November 2010

'Bumping' employees into the redundancy pool
Agency Workers Regulations 2010 proceeding without amendments
The qualification period for unfair dismissal may be extended to 2 years
Phasing out the default retirement age: considerations for employers
New guidance for employers on pregnancy

18 - 29 October 2010

European Court of Justice hands down two key decisions regarding retirement and age discrimination
UKBA announces that the October limit is reached for Tier 1 (General) Applications from abroad
European Parliament has agreed proposals to amend the Pregnant Workers Directive
Acquired Rights Directive applies to transfers by non-contractual employers

11 - 15 October 2010

EAT comments that it is 'not entirely clear' whether the Equality Act 2010 prohibits associative pregnancy discrimination claims

4 - 8 October 2010

Pregnancy gossip constituted discrimination and harassment
The right to request flexible working extended to parents with children under 18
National minimum wage 'cheats' to be named
Council to impose clocking-off policy for smokers

27 Sept - 1 October 2010

Legislative changes which take effect on 1 October 2010
Past employer liable for future loss arising from poor reference
 
13 - 17 September 2010

Tribunal statistics for 2009/2010 published
£1.2 million award in whistleblowing case

6 - 10 September 2010

'Suitable alternative employment' – Redundancy during maternity leave
Reminder : Equality Act 2010

23 - 27 August 2010

ACAS publishes its 2009/10 annual report
Unlimited right to appoint a substitute is fatal to a claim of worker status

9 - 13 August 2010

ET decision suggests new tactic to defeat claims for backdated holiday pay

2 - 6 August 2010

Default retirement age to be phased out
New CRB form now in use
Implementation dates for Bribery Act 2010 confirmed

19 - 23 July 2010

Employment Appeal Tribunal order penalty of £20,000 for breach of the Information and Consultation Regulations
Tribunal statistics show increase in number of claims

5 - 9 July 2010

CIPD recommends training wage for interns
Budget 2010: employment implications

14 - 18 June 2010

HR departments advised to beware fake sick and 'fit' notes


7 - 14 June 2010
 

Redundancy scoring, maternity leave and sex discrimination 
World Cup Fever: Tips for Preventing "Sickies"

31 May - 4 June 2010


Employees' delay in resigning was not fatal to claims of Constructive Dismissal

17 - 21 May 2010

EAT rules that previous incidents may be relevant to employer's decision to dismiss despite failure to issue formal warning

10 - 14 May 2010


Reasonable adjustments: Swapping employee's roles?
Illegible ET1s may not be rejected by a tribunal

3 - 7 May 2010

Tribunal applies Stringer as employee recovers holiday pay accrued during 15 month absence

19 - 23 April 2010

The Equality Bill received Royal Assent on 8 April 2010 and becomes the Equality Act 2010. 

12 - 16 April 2010

Additional paternity leave and pay regulations
Whistleblower protection covers a disclosure made in previous employment
 
5 - 9 April 2010

Home Office announces Immigration Rules amendments
New NMW rates announced for October 2010

29 March - 2 April 2010

Unfair dismissal: the range of reasonable responses
The Budget 2010:  employment implications

22 - 26 March 2010

Parental leave entitlement to be increased
Government delays measures to tackle false self-employment in the construction industry

15 - 19 March 2010

Unfair dismissal:  Conduct outside of work and reputational risk
Information and consultation:  £10,000 fine for failure to comply

8 - 12 March 2010

High Court refuses to imply a contractual term that eligibility under a Company bonus scheme is dependant on continued employment at the payment date
Employer not liable for discriminatory acts carried out by an agency worker

1 - 5 March 2010

The Department for Work and Pensions publishes guidance on forthcoming 'fit notes'

22 - 26 February 2010

Holiday during sickness can be carried over to the next year

15 - 19 February 2010

Some agency workers are not protected from discrimination
Government indications on default retirement age

8 - 12 February 2010

'Fit Notes' to be launched in April 2010

1 - 5 February 2010

Taking holiday - giving notice and carry over
Additional paternity leave:  draft regulations published

25 - 29 January 2010

Reminder! Maximum compensatory award decreases
Court of Appeal confirms right to be accompanied at a disciplinary hearing
ACAS assists employers and employees to resolve pre-claim disputes

18 - 22 January 2010

Banker fired for redundancy while a 'younger' alternative was recruited
One step closer to the implementation of pension scheme auto-enrolment

11 - 15 January 2010

Weather worries
Guidelines on risk assessments for pregnant workers
Key employment developments expected in 2010

21 - 25 December 2009

Tribunal compensatory award limit will go down (and other changes)

14 - 18 December 2009

Court of Appeal guidance on the meaning of 'harassment' under the Protection from Harassment Act 1997
New Guidance published on Data Protection

7 - 11 December 2009

Immigration: changes to points-based system
Europe agrees to increase parental leave

30 November - 4 December 2009

Equality Bill re-presented to Parliament on 19 November 2009
Website to check employment tribunal claimants are not 'serial litigants' launched

16 - 23 November 2009


Disability Discrimination:  knowledge of an employee's disability
Discrimination compensation: recovering 'stigma' losses
Lying in Tribunal:  a cautionary tale

2 - 13 November 2009

Disability Discrimination Act extends to associative discrimination
EAT confirms "philosophical belief" under Religion or Belief Regulations can include belief in need to tackle climate change

19 - 30 October 2009


Legislative changes which take effect during October
Employment Tribunal Statistics
Proposed extension of paternity leave

12 - 16 October 2009

ECJ decision on annual leave lost to sickness
ECJ decision on the meaning of 'contemplating' collective redundancies
Final Salary Scheme pensions and unfair dismissal compensation.

21 - 25 September 2009


Constructive Dismissal Compensation Undate
Government announces new measures for points-based system

07 - 11 September 2009


The Department for Children, Schools and Family has produced a comprehensive guide on employing children.

17 - 21 August 2009

TUPE: Material detriment dismissals

10 - 14 August 2009

Contract workers: end users' potential liability in discrimination claims
Increase in minimum wage for apprentices

3 - 7 August 2009

The Equality Bill: An Update

27 - 31 July 2009


ACAS publishes its annual report
Right to be accompanied at a disciplinary hearing by a legal advisor
A dismissal can, in itself, amount to a failure to make 'reasonable adjustments' under the Disability Discrimination Act

13 - 24 July 2009

 

Effective date of termination is when employee reads dismissal letter

Government announces earlier review of default retirement age

 

29 June - 10 July 2009

 

TUPE: Guidance on service provision changes

Update: Challenge to temporary agency worker rights after only 12 weeks

'Sleeping in allowances' taken into account when calculating minimum wage

Disability Discrimination update

 

22 - 26 June 2009

 

Government announces the introduction of "fit notes"

Employment Appeal Tribunal overturns Tribunal decision on reinstatement of ex-employee

Answers to pre-employment medical questionnaire were not misrepresentations

 

15 - 19 June 2009

 

Update: Holiday rights for the long-term sick

Increase in maximum limit on 'weekly pay'

 

25 - 29 May 2009

 

Court of Appeal rules that length of service criteria in redundancy selection matrix was lawful

 

11 - 22 May 2009

 

Tips and the minimum wage

Constructive dismissal: Employer's behaviour is not subject to the ususal unfair dismissal 'band of reasonable responses' test

 

5 - 8 May 2009

 

Long awaited Equality Bill 2008-2009 published

A belief in climate change capable of protection under discrimination law

 

20 April - 1 May 2009

Criminal Records Bureau issues revised Code of Practice

Disability Discrimination:  Definition of 'normal day-to-day' activities
The Budget 2009:  increase in statutory redundancy pay

 

6 - 10 April 2009

Court of Appeal confirms that controlling shareholders can be employees
Employers who fail to pay Tribunal awards may be "named and shamed"
TLT Employment Management Training Courses

 

30 March - 03 April 2009

Changes to the Immigration Rules coming into force on 31 March 2009
TUPE Update: Employee liability information
Employment Tribunal Service publish Tribunal statistics

 

23 - 27 March 2009

A brief summary of all the legislative changes that you need to be aware of that are coming into effect next month.

 

9 - 13 March 2009

ECJ Decision on Heyday Challenge to statutory retirement age
Age bar of 36 for Air Traffic Controllers not justified

 

2 - 6 March 2009

TUPE and Collective Agreements

 

23 - 27 February 2009

 

Unfair dismissal compensation takes account of final salary pension rights
Increases to Statutory Sick Pay, Statutory Maternity, Statutory Paternity and Statutory Adoption Pay
Equal Pay Update:  Difference in pay not tainted by sex discrimination
Compensation for employee inventors

 

9 - 20 February 2009

 

Key judgment re-writes the law on disability discrimination
Unrest as 'wildcat' strikes hit the headlines
UPDATE:  Repeal of the statutory dispute resolution procedures

 

2 - 6 February 2009

Reminder: Tribunal rates have now increased!
Reminder: TLT Employment Management Training Courses

 

19 - 23 January 2009

 

European Court of Justice rules on holiday rights for the long-term sick

 

5 - 12 January 2009

 

'Homophobic banter' can be harassment even where the victim is known not to be a homosexual
Update: Draft ACAS guide on discipline and grievances at work

 

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