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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.
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.
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.
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 report on the issue of confidentiality and the importance of allowing the raising of matters of public interest, such as patient safety. In addition, we 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.
We have had a number of interesting developments this month, particularly in relation to TUPE (including the first tribunal case to look at the issue of providing information about agency workers during collective consultation exercises for mass redundancies and TUPE transfers). The Equality and Human Rights Commission has also published guidelines on dealing with requests related to a person’s religion or belief, following on from the recent European Court of Human Rights decisions which we reported in January.
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