HR e-briefing 411 - 48 hour opt-out preserved
Despite a last ditch attempt to reach agreement to change the current rules, the 'opt–out' has survived the latest round of European discussions, namely conciliation talks between the European Council and the European Parliament. The opt&ndash...
HR e-briefing 404 - TUPE and collective agreements
The Employment Appeal Tribunal has issued a judgment that confirms that TUPE can, in some cases, bind incoming employers to pay increases negotiated by the outgoing employer under a collective agreement after the date of the TUPE transfer. Ba...
HR e-briefing 398 - The Working Time Directive - European Parliament vote on opt-out and on-call time
The 1993 Working Time Directive lays down, amongst other things, basic principles concerning maximum weekly working hours. For some time now, the Council of the EU and the European Parliament have been debating whether the directive should be revise...
IHC e-briefing 48: The Working Time Directive - European Parliament vote on opt-out and on-call time
The 1993 Working Time Directive lays down basic principles concerning maximum weekly working hours, amongst other things. For some time now, the Council of the EU and the European Parliament have been debating whether the directive should be revised...
The future of HR Management: at the intersection of AI and personal data protection
Recent years have seen an outburst of interest in artificial intelligence. Technologies based on AI have attracted investors all over the world on an unprecedented scale. More and more smart services are becoming a reality. For example, Staples is u...
Something Borrowed, Something New: The FCA's Plan for Extending the SMCR
The FCA has issued its long awaited consultation on extension of the Senior Managers and Certification Regime (also known as “Accountability II”). Consultation Paper (CP17/25), which sets out the “what” and the “why&rdq...
The beginnings of a value-for-money duty under the SMCR?
The FCA has yet to consult on the extension of the Senior Managers and Certification Regime. However, in its Asset Management Market Study: Final Report, MS15/2.3, the FCA signalled its intention to impose a “prescribed responsibility” u...
Weekly Newsletter Italy: from 2 June to 8 June 2014
HR Consultancy Jobs ActAccording to the Minister of Labour, Giuliano Poletti, the government bill is likely to be approved by the Parliament later this year. The text of the bill is likely to be approved by the Senate of the Italian Republic in July...
Weekly Newsletter Italy: from 19 May to 25 May 2014
HR Consultancy DURC: new system officially startedThe new system of internal DURC (“Documento Unico di Regolarità Contributiva”), through which the INPS (“Istituto Nazionale della Previdenza Sociale”) ensures the regul...
Weekly Newsletter Italy: from 12 May to 18 May 2014
Human Resources Jobs Act converted into LawThe final version of the labor reform under the so called Jobs Act (Law Decree no. 34/2014) has come into force following the publication in the Official Gazette of the conversion Law no. 78/2014. The main ...
Weekly Newsletter Italy: from 28 April to 5 May 2014
Human Resources JOBS ACT - Fixed term employment contract: potential fines for those companies with 20% or more of their employees on fixed term contractsCurrent proposed amendments by the Jobs Act include (i) replacing the fine for conversion of fi...
Weekly Newsletter Italy: from 31 March to 6 April 2014
HR Consultancy Jobs Act: the draft law passed to the SenateAmong the innovations provided by the draft law - which completes the so called Jobs Act and was sent to the Senate on the morning of the 1st April, for following a parallel procedure togeth...
Weekly Newsletter Italy: from 24 March to 30 March 2014
HR Consultancy Undeclared work (black market)The Ministry of Labour has planned inspections for 2014, deciding to make no less than 230,000 checks aimed at combatting undeclared work and includes 50,000 accesses and a focus on the 11 “metropol...
Weekly Newsletter Italy: from 17 March to 23 March 2014
HR Consultancy Jobs Act now in force – part 1Key changes are as follows:• Fixed term contracts: - no need to specify reasons justifying term of up to 36 months;- extensions admitted up to 8 times in 36 months;- no more breaks required bet...
Weekly Newsletter Italy: from 10 March to 16 March 2014
HR Consultancy Companies in financial difficulty: Opportunity for employees to take over companies in financial difficultyEmployees of companies in financial difficulty will be able to carry on the business of the company through advance payment of ...
Weekly Newsletter Italy: from 3 March to 9 March 2014
HR Consultancy An employee who forwards company files to his lawyer cannot be firedThe dismissal of an employee who forwarded more than 200 files, containing confidential information about the employer’s business, to his lawyer was ruled unlaw...
Weekly Newsletter Italy: from 24 February to 2 March 2014
HR Consultancy Temporary worker maximum pay limits revisedINPS has announced new monetary limits for temporary workers, to be revised on a yearly basis. Vouchers represent a pay system for temporary workers i.e. those workers who do not have a stand...
Employment Tribunal fees held to be unlawful what does this mean for employers and how can they protect themselves?
Introduction of Tribunal fees Before July 2013 it was free for individuals to bring Employment Tribunal Claims. However, in July 2013 the Government introduced Employment Tribunal fees for anyone wanting to make a claim or appeal a judgment. The Gov...
UK HR E-briefing: Holiday pay uncertainty ended in employees favour
The Supreme Court yesterday refused British Gas permission to appeal in the holiday pay case of Lock: the Working Time Regulations are properly to be read purposively to give effect to the CJEU ruling in Lock. Crucially, we now know that repres...
UK HR e-briefing: Strike changes: 1 March 2017 implementation confirmed
Regulations have confirmed that changes to industrial action law introduced by the Trade Union Act 2016 (‘Act’) will be implemented on 1 March 2017. The changes include introducing: a 50% ballot threshold for voter turnout, a 40% ballot ...
Dismissal for objective reasons
Marcello Floris, Partner at Eversheds Bianchini 26 February 2015 The Decree approved by the Italian Council of Ministers on 20 February 2015 introduced remarkable changes concerning dismissal for objective reasons. In this case, as under the previou...
Dismissal for discriminatory reasons and just cause
Marcello Floris, Partner at Eversheds Bianchini 23 February 2015 On 20 February 2014 a Decree was passed by the Italian Council of Ministers and is now in force: such Decree contains provisions on open-ended employment contracts covering various top...
Disciplinary Procedures within the NHS
Chhabra v West London Mental Health NHS [2013] UKSC 80 The case of Chhabra v West London Mental Health NHS [2013] UKSC 80 has once again considered the question of when and how NHS employers should progress disciplinary actions on grounds...
Retail Legal Update - ONS publishes 2012 strike statistics
According to ONS statistics published this summer, 248,800 working days were lost in the UK in 2012 – significantly lower than the 2011 total (1,389,700). The change is largely attributable to the small number of large scale public sector stri...
UK HR ebrief: Employment tribunal claims continue on a downward trend
Employment tribunal claims continue on a downward trend At the start of the year, interim figures released regarding the number of employment tribunal claims already indicated a further drop when ...
Eversheds' HR e-briefing 545: Government reveals employment law changes in Enterprise and Regulatory Reform Bill
The Government has this afternoon published the Enterprise and Regulatory Reform Bill which will, if passed, introduce some of the tribunal and dispute resolution measures previously announced (see HR ...
Eversheds' HR e-briefing 538: April employment law changes
Last year the Government announced a number of measures aimed at resolving workplace disputes more quickly, reducing the pressure on the employment tribunal system and saving costs for employers and the taxpayer. A number of these changes will take ...
HR e-briefing 534: Employment tribunal fees and shortening the 90 day consultation period: what do employers think?
As a follow-up to our previous employer survey on proposals to reform the employment tribunal system, in January 2012 we conducted a second survey seeking views on the introduction of tribunal fees, on the Government’s decision to al...
HR e-briefing 528: Employment Tribunal reform: next steps and other measures
Today, the Government has announced a number of measures aimed at resolving disputes more quickly, reducing the pressure on the employment tribunal system and saving costs for employers and the taxpayer. The Government published its consultation on...
Employment law innovations - a change for the better?
Aiming for Consistency The Minister for Jobs, Enterprise and Innovation, Richard Bruton, recently announced plans to rest...
Eversheds' HR e-briefing 519: Fewer Employment Tribunal claims in 2010-11
Statistics for April 2010 to March 2011 released by HM Courts and Tribunals Service yesterday reveal that, although the number of claims has fallen since the same period in 2009-10, the 218,100 claims still represent a 44% increase on the 2008-9 fig...
Eversheds' HR e-briefing 512: Legal representation at disciplinaries
The Supreme Court has overturned decisions of the Court of Appeal and High Court that a music assistant at a primary school should have been allowed legal representation at an internal disciplinary hearing. This decision curtails the scope for empl...
HR e-briefing 488 - Employment Tribunal reform: a promising start
The Government has today published a consultation on employment tribunal reform. The consultation floats a wide-range of proposals, going well beyond the measures which were rumoured to be up for consideration. The consultation document inclu...
Eversheds' HR e-briefing 469: Employment Tribunal claims soar
Statistics for 2009-10 released by the Tribunals Service this week reveal that claims to employment tribunals have dramatically increased this year. Despite an overall drop in 2008-9, when the number of claims was 151,028, claims have soared to 236,...
HR e-briefing no 423 - legal representation must be allowed in some disciplinary hearings - Court of Appeal
The Court of Appeal has ruled that doctors and dentists employed by NHS bodies in England are entitled to legal representation at disciplinary hearings. The appeal court’s ruling suggests that employees of other public sector organisations sho...
HR e-briefing 420 - the Government consults on whistleblowing
In a consultation paper released this month, the government reveals proposals for employment tribunals to pass on details about whistleblowing claims to appropriate regulators (such as the Health and Safety Executive). The intention is that the alle...
HR e-briefing 407 - the new workplace dispute resolution regime
As if anyone needed reminding, 6 April 2009 is a key date for dispute resolution in the workplace. The new regime for handling grievances and disciplinary and dismissal situations is based on the new Acas Code of Practice (the Code) and has been her...
HR e-briefing 394 - Increased redundancy pay and other compensation limits
Details have just been published of the annual uprating of compensation limits for tribunal claims and other amounts payable under employment legislation. The new amounts will apply where the relevant event occurs on or after 1 February 2009. For un...
HR e-briefing 391 - BNP list - employers must act with caution
Can an employer dismiss an employee for being a member of a political party? This is a question on some employers' minds following the recent publication of a list containing the names, addresses and in some cases, occupations of BNP members. Whils...
HR e-briefing 389 - The ACAS code on discipline and grievance - revised version released
Today ACAS has issued what it hopes will be the final version of its Code of Practice on Discipline and Grievance. Although amendments have increased its length slightly (to ten pages from eight), the code remains short and concise in comparison to ...
HR e-briefing 383 - Details of those facing tribunal claims must be made public
The Deputy Information Commissioner has ruled that the Department for Business, Enterprise and Regulatory Reform (BERR) must release the names and addresses of respondents in Employment Tribunal cases under the Freedom of Information Act 2000, havin...
HR e-briefing 368 - The privileged few
Although, for lawyers, the topic of legal professional privilege has been one of perennial interest, invariably the only encounter individuals outside of the legal profession will have with this topic is if the confidentiality of a commercially sens...
HR e-briefing 364 - Discipline and grievances at work: Draft ACAS guide published
ACAS has published 'Discipline and grievances at work: Draft ACAS guide', which it has been working on since issuing its revised Code of Practice on discipline and grievance for consultation (View Details..
HR e-briefing 354 - Court of Appeal clarification on time limits and the statutory dispute resolution procedures
The Court of Appeal is just starting to have an opportunity to shed light on the meaning and application of the statutory dispute resolution procedures. However, whilst any such cases are of significant interest now, they are likely to have a short ...
HR e-briefing 347 - Court of Appeal decides expired warning case
We probably all recognise the following situation. Employee is given written warning. One month after that warning has expired, the employee commits similar misconduct again. Can the employer rely on the previous misconduct and exp...
CM Mahmood Khan orders timely completion of CFCs under digital access initiative
PESHAWAR: Chief Minister Mahmood Khan has asked officials to ensure timely completion of Citizens Facilitation Centres projects in the provincial capital launched under the Digital Access Initiative of the provincial government.He also directed the high-ups of Khyber Pakhtunkhwa Information...
Protest against arrest of Mir Shakil-ur-Rahman enters 56th day
PESHAWAR: The workers of Jang/Geo Group continued protest on 56th consecutive day against the arrest of their Editor-in-Chief Mir Shakil-ur-Rahman here on Saturday.Carrying banners and placards inscribed with slogans in favour of their demands, the protesters urged the government to release Mir...
Tiger force launched in Upper Dir
DIR: The Prime Minister’s Volunteer Tiger Force for Covid-19 was inaugurated in Upper Dir the other day.In this regard, a simple function was organised at the district council hall in Dir town where DC Khalid Iqbal Khattak, MNA Sahibzada Sibghatullah, District Police Officer Mian Nasib Jan,...
Car jacking bid foiled
HANGU: The police claimed to have foiled a car-snatching bid and arrested the accused in the district on Saturday.Police said that one Arifur Rehman, a resident of Naryab, was going to Peshawar in his car when accused Syed Saqi Abbas and Fahim intercepted him in Ibrahimzai area after a long...
Boy assaulted
HARIPUR: Three persons allegedly molested a 12-year-old boy in village Hattar, police said here on Saturday.Officials of the Hattar Police Station quoted Yasmin Bibi as saying that Arsalan, Saqib and Qasim from the same village took her son to the old labour colony where they molested him and...