Welcome to the XpertHR employment law service - providing legal news, quick and accurate reference and detailed guidance tailored to the needs of the HR professional.


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Step in Time Ltd v (1) Fox and (2) Hunter
Date: 20/11/2008

The Employment Appeal Tribunal has held that an employment tribunal was wrong to rely on previously submitted tribunal claim forms as statements of grievance, when deciding whether or not it had jurisdiction to hear constructive dismissal claims.


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Legal issues with video CVs in the selection process
Date: 20/11/2008

Thanks to digital technology, more and more job applicants are creating visual CVs, but they can pose legal risks to employers. 


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Consultation on tips and the minimum wage launched
Date: 19/11/2008
The Government has issued a consultation seeking views on how the law should be changed to stop employers using tips to meet their national minimum wage obligations.

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Legal Q&A: Short-time working
Date: 19/11/2008

Huw Cooke, associate, Burges Salmon, looks at whether short-time working is one way of cutting costs without making redundancies.


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Weekly dilemma: Migrants and shortage occupation lists
Date: 19/11/2008

Roslyn James, solicitor, employment team, Maclay Murray and Spens, advises on the restrictions on employing foreign nationals.


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Employment Act 2008 receives Royal Assent
Date: 18/11/2008

The Employment Act 2008 received Royal Assent on 13 November 2008 and will come into force in stages.


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Topic of the week: Motivating redundancy survivors
Date: 17/11/2008

In this week's topic of the week article, Sue Nickson of Hammonds LLP provides a checklist for retaining and motivating employees who remain after redundancies have been made. We have also compiled a selection from the material on XpertHR on redundancy and related topics. 


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Date of Pre-Budget Report announced
Date: 14/11/2008

The Chancellor will make his Pre-Budget Report speech to the House of Commons on 24 November 2008. Although there is much speculation that this year's report will include tax cuts, what is more certain is that the announcement will include new income tax rates and allowances, statutory sick pay and statutory maternity pay.


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Topic of the week: Redundancy and the alternatives
Date: 14/11/2008

In this week's topic of the week article, Sue Nickson of Hammonds LLP looks at a number of alternatives to redundancy. In addition, we pull together some of the wealth of information on XpertHR on redundancy and related topics.


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Latest case reports added to XpertHR
Date: 14/11/2008
We provide a round-up of case reports added to XpertHR this week, covering age discrimination in redundancy schemes. 

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EU: Commission proposes new maternity leave rules
Date: 13/11/2008

In October 2008, the European Commission proposed changes to the maternity leave provisions of the 1992 EU Directive on pregnant workers. The minimum period of maternity leave would be increased from 14 weeks to 18 weeks and women on maternity leave would receive full pay, though member states could subject this to a ceiling, no lower than the rate of sick pay.


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BERR approves revised Acas discipline and grievance code of practice
Date: 12/11/2008

The Secretary of State for Business, Enterprise and Regulatory Reform has approved the revised Acas code of practice on disciplinary and grievance procedures.


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How to use flexible working to avoid redundancies
Date: 12/11/2008

Agreeing flexible working arrangements, such as reduced hours, job sharing and term-time working with staff, can be a way of avoiding redundancies. Blair Adams and Caroline Stakim at Shepherd and Wedderburn examine the issues. 


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Legal Q&A: Second incomes
Date: 12/11/2008

Guy Guinan, employment partner, Halliwells, answers queries on the potential pitfalls of having a second income.


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Weekly dilemma: Pay by commission and the minimum wage
Date: 12/11/2008

Jane Moorman, partner, and Melanie Smith, solicitor, both at Howard Kennedy, consider the options available to employers who want to switch staff to commission-only salaries.


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New model documents on shift swapping
Date: 11/11/2008

XpertHR's policies and documents service has been enhanced by the addition of a model shift-swap policy and a shift-swap agreement form.


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Promoting positive action as part of the Equality Bill
Date: 10/11/2008

Despite plenty of negative publicity, the use of positive action will be extended when the Equality Bill becomes law. Personnel Today looks for the plus points of this. 


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Latest case reports added to XpertHR
Date: 07/11/2008
We provide a round-up of case reports added to XpertHR this week, covering: time off for dependants; age discrimination; constructive dismissal; and contract terms. 

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Weekly dilemma: Sick pay for temps
Date: 07/11/2008

Philip Pepper, associate, Weightmans, discusses the implications of the change in the law covering agency workers on contracts of up to three months regarding statutory sick pay. 


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Handling staff suspensions or exclusions in the NHS
Date: 06/11/2008
Failure to give detailed consideration to suspension or exclusion of NHS staff and possible alternatives could result in claims for constructive dismissal or costly applications for injunctions being brought by the employee to prevent the suspension from taking effect.

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Legal Q&A: Stress-related absences
Date: 06/11/2008

Sue Nickson, partner and chief operating officer, Hammonds, looks at the measures employers need to take to deal with employees suffering from stress. 


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Agency Workers Directive: have the arguments just begun?
Date: 05/11/2008

With the Agency Workers Directive soon to be implemented into UK law, Employment Law Bulletin consultant editor Darren Newman asks if the employer and union sides are really clear about the benefits to be excluded from the concept of equality in the Directive.


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Saini v All Saints Haque Centre and others
Date: 05/11/2008

The Employment Appeal Tribunal has held that harassment on grounds of religion occurred where the employer was motivated by the religion of another person.


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Worked examples on dismissal due to long-term incapacity and payment during notice period
Date: 05/11/2008

XpertHR provides four worked examples giving guidance on payment during an employee's notice period when an employee is being dismissed due to long-term incapacity.


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Survey: Getting the most from age discrimination and equalities law
Date: 03/11/2008

The lessons from implementing October 2006's age discrimination Regulations provide useful pointers for HR about the ways of gaining business benefits from complying with changes in equal opportunities law.


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Ali v Birmingham City Council
Date: 03/11/2008

The Employment Appeal Tribunal has held that an employee's unambiguous resignation will be found not to be effective only in exceptional circumstances.


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Live Nation (Venues) UK Ltd v Hussain and other appeals
Date: 31/10/2008

The Employment Appeal Tribunal has held that a 55 year old was not discriminated against when his employer dismissed him for displaying ageist attitudes towards two younger managers.


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