The recast European Works Council (“EWC”) Directive came into force on 5 June 2011

The Transnational Information and Consultation of Employees (TRICER) Regulations 2010 implemented the recast European Works Council (EWC) Directive. The recast Directive made a number of changes to the rules on European Works Councils. […]

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The UK Bribery Act came into force on 1 July 2010 as the FSA announces a corruption review

The UK Bribery Act came into force on 1 July 2010. The UK’s Bribery Act 2010 (the “Act”) applies to all organisations carrying on business in the UK and creates a number of offences, breach of which is punishable by up to 10 years imprisonment and an unlimited fine. […]

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Increase of qualifying period for unfair dismissal and introduction of Tribunal fees to “increase competitiveness”

On 3 October 2011 it was announced that the length of the unfair dismissal qualifying period would increase to 2 years and that fees would be introduced for bringing Employment Tribunal claims. […]

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Are your partners and LLP members really employees? Court raises spectre of employee liabilities

The Employment Tribunal found that an individual who had been a member of an LLP (paying tax and NI as a self employed person) should have been regarded as an employee. The individual in question was originally an employee who later entered into an arrangement where he received a fixed profit share (instead of a salary) and a variable profit share (instead of a bonus). […]

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Carrying forward holiday entitlement accrued while on sick leave

The Employment Appeal Tribunal recently held that employees who accrue holidays during a period of sick leave will carry forward any untaken holiday entitlement to future holiday years automatically. It is not necessary for them to have formally notified an intention to take holiday. […]

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Challenging the status of self-employed contractors

The Supreme Court has restated that the label that the parties apply to a work contract is not determinative of the worker’s status if it does not reflect the reality. The Court went on to say that a tribunal/court can disregard any express terms which do not reflect the actual intentions of the parties, even where there is no attempt to mislead. […]

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Government to provide £250 million to employers for training to support apprenticeships

The government has announced a £250 million fund which is to be provided directly to employers. The purpose of this fund is to enable employers to develop vocational skills training programmes which are tailored to their needs. […]

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