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Employment

Employment

Upcoming Changes To UK Immigration Rules

Joanne Hennessy

A Statement of Changes in Immigration Rules has been laid before Parliament. The Statement outlines a number of changes to the UK’s Immigration Rules, which are said to be designed to make the UK more attractive as a destination for international businesses and international students.

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LChalmers

Update on TUPE Reform: Much Ado About Nothing

The Government has now published its eagerly anticipated (by me anyway!) response to its consultation on reform of the TUPE regulations.  It now proposes a number of specific reforms intended to remove the “unfair legal risks that businesses currently face” when involved in a TUPE transfer.  But, most notably, the Government has pulled back from repealing in their entirety the existing provisions with regard to “service provision changes”, as discussed in my last TUPE blog (http://bit.ly/1dVmITe).

So what will change?

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Burness admin

TUPE, Or Not TUPE?

A raft of recent cases has significantly narrowed the circumstances in which The Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) will apply to “service provision changes”, creating uncertainty and potentially unforeseen financial consequences for parties involved in the contracting-out, contracting-in or re-tendering of services.  This blog summarises the key issues arising from the cases.

In a nutshell…

It has now become much more difficult to satisfy the service provision change requirements of TUPE.

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LChalmers

HMRC Proposals – Threatening Fields Of Promise?

Sean Saluja

The Government has published its consultation document on the use of offshore employment intermediaries and it has significant implications for employers that use such structures. The draft legislation was published on 19 July this year and the consultation period ends on 8 August. The changes are intended to take effect from the next tax year.

The Government’s concern is that since the 1990s there has been a rise in the number of workers “based in the UK, working in the UK for UK-based companies”, but employed by offshore employers.

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LChalmers

Employment Law reforms coming into force today – 29 July 2013

For all of you who are tearing your hair out struggling to keep up to date with the many changes to employment law and HR practice at the moment, here is a quick reminder of the main employment law reforms coming into force today, Monday 29 July 2013:

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Burness admin

My Experience As A Summer Student

I wasn’t sure what to expect at the start of my summer placement at Burness Paull. But, having now completed my six weeks at the firm, with stints in banking & funds and dispute resolution, my experience as a summer student at the firm has been really interesting and far more ‘hands on’ than I had expected it to be. 

Last week was my final week, and I was asked by the employment team to head off to the Court of Session in Edinburgh to sit in on, and prepare a detailed update on, a highly anticipated interim interdict hearing that was taking place that day.

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LChalmers

Stop Press - Important Collective Redundancies Development

Morag Moffett

This week the Employment Appeal Tribunal (EAT) handed down its full written judgment in the case commonly known as USDAW v Woolworths.

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LChalmers

Unfair Dismissal And Whistleblowing - New Legislation Takes Effect Today

A reminder of the key employment law changes which take effect from today, 25 June 2013 in relation to unfair dismissal and whistleblowing.

From today, an employee can bring a claim for unfair dismissal without any qualifying period of service, where the reason or principal reason for the dismissal is or relates to the employee’s political opinions or affiliation.  This follows on from the decision last year in the European Court of Human Rights in which the Court said that the freedom of assembly (contained in Article 11 of the European Convention on Human Rights) applies to a

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LChalmers

#Poyet #Awkward

Morag Hutchison

Ah Sunday night, time to relax before Monday morning and the world of employment law kicks off again.  Sitting down to watch Nigeria v Spain in the Confederation Cup it seems that employment law doesn’t take the weekend off.   Just as Gus Poyet, manager of Brighton and Hove Albion and pundit on MOTD for the match, was getting ready to discuss the first half he apparently received the news from the BBC production team that his club had just issued a statement confirming his dismissal “with immediate effect”.  Poyet claimed that was the first he had been notified of the de

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LChalmers

Somebody's Watching Me

David Morgan

At our last “HR Question Time” event, we asked the panel the question: “Are employers prying too far into employees’ private lives?”.  With HR decision making increasingly influenced by checks on social media activities, drug and alcohol screening and CCTV use, the lines have become blurred between privacy and business interests.

There have been a couple of recent cases at the Employment Appeal Tribunal which have looked at the use of covert surveillance in the workplace.  In the most recent case (City and County of Swansea –v.- Gayle), the EAT was asked

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LChalmers