Entries from October 2009

Evening Sittings to be Piloted for Employment Tribunals

October 31st, 2009 · No Comments

If a new trial scheme is found to be successful, employment tribunals may also hold evening sittings.
Beginning in early November, the Tribunals Service will pilot evening sittings at two tribunals in East London and Cardiff. The pilot will run for six months, and will see cases from around 6pm to 8pm.
The new initiative is being [...]

[Read more →]

Tags: Employment Law

Employers Discriminate Against Job Applicants from Ethnic Minorities

October 30th, 2009 · No Comments

A recently published study claims that job applicants with African or Asian names are being discriminated against by employers.
In the study - which was commissioned by the Department for Work and Pensions - researchers sent thousands of fake CVs to companies across the country.
Three different identities were created for the CVs. All three had similar [...]

[Read more →]

Tags: Discrimination

Employers Entitled to More Information on Spent Convictions

October 29th, 2009 · No Comments

Following a successful challenge by five police authorities, employers conducting Criminal Record Bureau checks on prospective employees will have access to more information about any older convictions they may have.
Formerly, the Information Commissioner and the Information Tribunal had stated that the police should not retain information on spent criminal convictions, as doing so would put [...]

[Read more →]

Tags: Employment Law

All Circumstances of Case Will Determine Whether there has been a Failure to Mitigate Loss

October 25th, 2009 · No Comments

The recent Employment Appeal Tribunal (EAT) case of Beijing Ton Ren Tang Ltd v Wang has highlighted the importance of taking all of an individual’s circumstances into account when deciding if they have acted reasonably in attempting to mitigate their loss after being dismissed.
Ms Wang was recruited from her native China to work in a [...]

[Read more →]

Tags: Employment Law

Theft Dismissal Found to be Fair in Appeal Tribunal

October 24th, 2009 · No Comments

Mrs Steele had been employed by Sodexho Defence Services as a manager of a convenience store. When cashing up, the money was counted and bagged up in an office monitored by CCTV. On four dates between April and July, money amounting to over £10,000 had gone missing. On all four occasions, Mrs Steele had been [...]

[Read more →]

Tags: Employment Law

Agency Workers Directive: Consultation on Draft Regulations

October 23rd, 2009 · No Comments

The Government has released a draft of the Agency Workers Regulations 2010, which are intended to implement the EC Agency Workers Directive in the UK, along with draft consequential amendments to the Conduct of Employment Agencies and Employment Business Regulations 2003, SI 2003/3319.
These draft regulations are included as annexes to a consultation document. The consultation [...]

[Read more →]

Tags: Employee Rights

EEF Calls for Formula to Decide Future Increases to the National Minimum Wage

October 17th, 2009 · No Comments

EEF, the manufacturer’s organisation, has called for the introduction of a formula to determine future increases to the National Minimum Wage (NMW), to give employers “some form of certainty about its potential impact”.
It is not the first time the EEF has called for such a formula. In previous years they have made the same request, [...]

[Read more →]

Tags: Employee Rights

New Study Finds that Patients are Suffering Due to Working Time Limits

October 16th, 2009 · No Comments

The Royal College of Surgeons (RCS) has published the findings of a survey into the effects of the European Working Time Directive on patient safety.
The results of the survey - which involved more than 360 consultants and over 500 trainees - showed that 64% of those polled believed that quality of care had worsened since [...]

[Read more →]

Tags: Employment Law

New Vetting and Barring Scheme Introduced

October 15th, 2009 · No Comments

The Government’s new Vetting and Barring Scheme came into force on Monday 12th October 2009. The scheme introduces new criminal offences for individuals and organisations who fail to comply with the new legislation.
The changes come as a result of Sir Michael Bichard’s report into the Soham murders, and will affect people who work with children [...]

[Read more →]

Tags: Employment Law

Agents Trading under Their Own Name Not Subject to Regulations

October 12th, 2009 · No Comments

A recent decision in the Court of Appeal emphasised that to come within the definition of a “commercial agent” within the Commercial Agents (Council Directive) Regulations the agent has to act on behalf of the principal and not on his own behalf.
The case of Sagal (Trading as Bunz UK) and Atelier Bunz GmbH involved the [...]

[Read more →]

Tags: Commercial Agency