Directors and Employees - When is a Director an Employee of a Company?
The Employment Appeals Trinbunal has considered whether directors of a company are also employees of the company.

Mandatory Employee Consultations for Collective Redundancies
A recent decision of the Employment Appeals Tribunal requires consultation with employees to consider whether redundancies may be avoided at the time closures are proposed.

Defective Compromise Agreements & Employment Law
Compromise agreements must comply with the provisions of the Employment Rights Act to properly protect employers from new claims being brought at a later date.

Enforcement of Restraint of Trade Clauses - Agency Fails to Enforce
Restraints of trade are enforceable unless thet are reasonable and only go so far as to protect the legitimate interests of the business seeking protection.

Controlled Access to UK Labour Market for New Accession Countries
Quota systems apply to some immigrant workers in the United Kingdom

Contractual Redundancy Terms Create Unexpected Liability
The timing of redundancy payments may be important to tax liabilities

Retirement Age and Discrimination - A Check List for Employers
A checklist of compliance with the Employment Equality (Age) Regulations, which came into force on 1 October 2006

Employment Status and Tax Payments
Employers are not entitled to an setoff where the employee is under a misunderstanding of their tax obligations

Sleeping on the Job and Employment Payment Claims
In this case, aan employee who was required to be at work as a night watchman was entitled to be paid for sleeping whilst in the course of his employment.

Transfer of Undertakings (Protection of Employment) Regulations 2006
An analysis of the effect the TUPE Regulations 2006 will have on buying and selling businesses.

Retirement Age and TUPE
A discussion relating to unfair dismissal in relation to retirement age and the TUPE Regulations applicable to buyers of a business.

Age and Sex Equality – House of Lords Ruling
The House of Lord's decision in sex discrimination and unfair dismissal availability for over 65's.

Briefing Note - Employers' Liability for Secondary Exposure to Harmful Materials
An assessment of employers' liability for damage caused to persons connected with their employees.

Enforceability of Compromise Agreements in Employment Disputes
Compromise agreements in the employment context must specifically state the causes of action intended to be covered by the agreement. Failing to do so will not effectively settle the dispute and potential claims.

Sexual Orientation Regulations and the Civil Partnership Act
Employers must endeavour to avoid discriminating between those that are married and those in a civil partnership under the Civil Partnership Act

UK Maternity Pay Policy Update - Briefing Note
A decision of the Court of Appeal on maternity pay and the effect of the European law on the calculation of maternity pay.

Transfer of a Business and Pension Rights - Business Briefing
Automatic rights apply when a business is applied and all employees are engaged by the new business. A checklist for incoming employers where pension schemes are in place is included to explain the requirements.

Collective Redundancies – Notice of Dismissal
After a decision of the European Court of Justice, employers must comply with notice requirements under the EC Collective Redundancies Directive.

Briefing Note - Disability Discrimination Act 2005
The application of the Disability Discrimination Act 2005 has been extended

Employment Law and the Civil Partnership Act – New Obligations for Employers
Employers' obligations arising from the Civil Partnership Act

In Brief - Employment Law - Spring 2006
Recent updates to UK employment law.

Briefing Note - Calculating Statutory Maternity Pay
The new legislation was necessary following a ruling by the European Court of Justice that a woman who receives a pay rise at any time before the end of her maternity leave must receive the benefit of this in the earnings-related part of her maternity pay.

In Brief - July 2005
Falls from height are the single biggest cause of workplace deaths and one of the main causes of serious injury. New Regulations came into force on 6 April 2005 enforcing minimum health and safety requirements when working at height.

Data Protection Principles and Monitoring Electronic Communications – Considerations for Internet and Email Use Policies
An enforceable and sensible email and internet use policy requires that the demands of employers must be tempered with the rights granted to individuals and their personal rights to privacy granted under European Directive and brought into force in the UK.

In Brief - August 2005
In a recent Employment Tribunal case a member of the Transport and General Workers’ Union was awarded £10,000 in compensation after he was sacked, on his return to work, after taking extended leave to make a religious pilgrimage to Mecca.

Employees' Rights of Free Association with Unions - Amendments to the Employment Relations Act 2004
Changes to UK industrial relations law has granted increased protection for workers. Employers may not offer inducements to their employees to not be a member of, nor to seek to join a union. Furthermore employers may not entice employees not to take part in the activities, to make use of the services of the union or to give up having their terms and conditions of employment determined by a collective agreement negotiated by their union.

Making Unfair Dismissal Claims - Time Limits and their Application to Unfair Dismissal Legal Proceedings
The 3 month time limit on unfair dismissal claims are extended where legal advice had not been sought and the grievance procedure extended beyond Marks & Spencers' internal procedure.

Briefing Note - Employer's Liability for Conduct of Employees - Harassment
The Court of Appeal has handed down its judgment in the important case of Majrowski v Guy’s & St Thomas’s NHS Trust, which dealt with vicarious liability for breach of any statutory duty and, specifically, with regard to breaches of the Protection from Harassment Act 1999.