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After what feels like a long wait the Enterprise and Regulatory Reform Bill has finally become law and we can give you some firm dates of when the key reforms will come into force. We also bring you two new cases on redundancy which re-affirm that so long as a genuine redundancy situation has occurred, complicating factors relating to conduct and/or capability will not make a dismissal unfair. In addition we bring you another redundancy case on using existing employee representative bodies for the purposes of collective consultation. Finally the Government is consulting on how the fees remissions system will work when fees in the employment tribunal come in during the summer and the new Acas guide to collective consultations has also been published.
Welcome to the May edition of the international newsletter. This month two of our European offices- Ireland and Spain- focus on the issue of the ageing population with articles related to compulsory retirement and pensions reforms. Our Chile office outlines the newly introduced concept of ‘labour harassment’ and our Malyasian partner firm the Gan Partnership provide an update on the current position in relation to workplace harassment in that jursidiction. Finally, we have the second half of our two part immigration feature for those wishing to do business in India from our partner firm Khaitan Sud & Partners.
After what feels like a long wait the Enterprise and Regulatory Reform Bill has finally become law and we can give you some firm dates of when the key reforms will come into force. We also bring you two new cases on redundancy which re-affirm that so long as a genuine redundancy situation has occurred, complicating factors relating to conduct and/or capability will not make a dismissal unfair. In addition we bring you another redundancy case on using existing employee representative bodies for the purposes of collective consultation.
Whistleblowing is still very much the topic on everybody’s lips. This month we bring you a further update on the use of compromise agreements following on from new guidance that has been issued by NHS Employers. After what feels like a long wait the Enterprise and Regulatory Reform Bill has finally become law and we can give you some firm dates of when these new laws are to come into force (including the new law on whistleblowing). We also bring you two new cases on redundancy which re-affirm that so long as a genuine redundancy situation has occurred, the fact of there being complicating factors relating to conduct and/or capability will not make a dismissal automatically substantively unfair. In addition we bring you another redundancy case on using existing employee representative bodies for the purposes of collective consultation. Finally, the Government is still consulting on how the fees remissions system will work when fees in the employment tribunal come in during the summer and the new Acas guide to collective consultations has been published.
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The Department for Communities and Local Government (DCLG) has launched a second consultation exercise on three sets of draft regulations under the new Local Government Pension Scheme which will come into effect from 1 April 2014.
Background
Following the Hutton review of public sector pension provision (published in March 2011) the Government has been holding talks with the Unions regarding its commitment to implementing the central recommendation that all public sector pension schemes should move to a career-average revalued earnings (or CARE) benefit structure by 2015. In May 2012 the Local Government Association (LGA) and public sector trade unions announced that they had reached agreement with the Government on heads of terms for the revised LGPS. In consequence LGPS will be switching to a CARE benefit structure on 1 April 2014.
In December 2012 the DCLG published for consultation the draft Local Government Pension Scheme Regulations 2013 which set out the details of the benefit structure which will apply in the revised LGPS.
The legal framework for the reforms is contained in the Public Service Pensions Bill currently before Parliament. Detailed provisions about each public sector pension scheme will be contained in regulations.
Including:
What: A new suite of Government-endorsed NEC3 contracts will include provisions for the parties to open project bank accounts and also a new contract for the appointment of consultants working on smaller scale projects. When: The new contracts will be launched on Monday 22 April 2013.
The Court of Appeal recently overturned a decision that implied a duty of good faith on parties beyond the express terms of PFI and similar contracts.
Last year, in the case of COMPASS GROUP UK & IRELAND LTD (T/A MEDIREST) v MID ESSEX HOSPITAL SERVICES NHS TRUST (2012) the Contractor claimed substantial damages for material breach of contract by the Trust.
The Trust had applied the provisions of the Contract which, amongst other calculations, resulted in a deduction of £46,320 for the Contractor being in possession of a box of ketchup sachets that were found to be out of date!
At the first hearing the Contractor won and the Court held that the Trust had to exercise a 'duty of good faith' in implementing the terms of a payment mechanism, which were similar to those used in PFI Contracts.
Our view of the original judgment was that it was at best 'odd' and most likely wrong and as such it was always likely to be appealed.
The Court of Appeal recently overturned a decision that implied a duty of good faith on Trusts beyond the express terms of PFI and similar contracts.
Welcome to the April edition of our international alerter, we hope those of you that were celebrating had an enjoyable Easter break. This month we lead with a joint article from our UK and Spanish offices examining the right to strike in these jurisdictions and from an international perspective, our German partner firm Luther Rechtsanwaltsgesellschaft highlights a significant change for organisations preparing for 2014 works council elections and Barry Reynolds from our Dublin office highlights additional ways to protect proprietary interests. We also provide a summary of the changes to UK immigration law that came into effect on 6 April 2013 and feature the first of a two part article outlining the immigration rules applicable to businesses wishing to enter the burgeoning Indian market.
This month we report on a number of cases which bring home the importance of following appropriate dismissal procedures, including a redundancy case which highlights the dangers of over reliance on competency assessments when carrying out selection. We also look at a disability case which confirms that obesity is not, alone and of itself, a disability and the latest TUPE case on dismissals preparatory to a sale of a business.
This month we report on a number of cases which bring home the importance of following appropriate dismissal procedures, including a redundancy case which highlights the dangers of over reliance on competency assessments when carrying out selection. We also look at a disability case which confirms that that obesity is not, alone and of itself, a disability, and the latest TUPE case on dismissals preparatory to a sale of a business.
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