I was just completing the company employment law update to send out to clients when it was reported to day (1.11.10.) that the coalition government are considering extending the service requirement to claim unfair dismissal from one year to two years. This on the face of it might bring some welcome relief for employers, but in reality will it make any practical difference?
Many employers in the first year of service will have taken remedial steps or terminated the employment of someone who they deemed to be unsuitable. In addition regardless of length of service there are something in the order of about 90 other claims an individual can bring against an employer to an employment tribunal, including unlawful discrimination on the basis of any of the nine protected characteristics and also unfair dismissal on one of the range of automatically unfair dismissal claims detailed with in the Employment Rights Act 1996.
So the service requirement change may bring limited assistance. Indeed it might increase the possibility of discrimination claims where no service requirement is needed.
However no doubt it will be of a talking point in employment law and employer circles in the coming months. Any clients are readers who need help in this area should not hesitate to call email or call us at enquiries@shieldhr.co.uk or 024 7669 3606.
Monday 1 November 2010
Wednesday 9 June 2010
June Blog
This month is a busy month with us helping clients with a variety of matters, including reorganisations, reviewing policies and disciplinary procedures, advice work and conducting employment tribunals. The work continues to cover the spectrum of the economy in terms of the client's area of commercial activity and size of organisation. Most of our SME clients are around the Coventry area but our national clients which form the bulk of the work are of course across the country.
The work we are conducting still tends to include a high level of employment tribunal work and our thinking is this will probably not alter, particularly with the effects of the public sector cuts on the way.
We continue to produce free guides for clients and contacts and have received a significant number of requests for these guides. The requests have come from a variety of sources including HR professionals from large companies, HR consultants and some solicitors.
Our latest newsletter includes a guide on the law relating to employment contracts and clarifies some of the confusion that reigns on the issue of amending contracts of employment. Anyone who wants a copy of this should simply e-mail me at robert.kerr@shieldhr.co.uk
For more information on the company please visit our website www.shieldhr.co.uk
The work we are conducting still tends to include a high level of employment tribunal work and our thinking is this will probably not alter, particularly with the effects of the public sector cuts on the way.
We continue to produce free guides for clients and contacts and have received a significant number of requests for these guides. The requests have come from a variety of sources including HR professionals from large companies, HR consultants and some solicitors.
Our latest newsletter includes a guide on the law relating to employment contracts and clarifies some of the confusion that reigns on the issue of amending contracts of employment. Anyone who wants a copy of this should simply e-mail me at robert.kerr@shieldhr.co.uk
For more information on the company please visit our website www.shieldhr.co.uk
Friday 14 May 2010
Well we finally know the outcome of the general election and we now have a coalition government. It is early days and one cannot be sure on the precise impact the coalition government's policies are going to have on the area of industrial relations and employment law.
However the government does intend to start to introduce the cuts and efficency savings set out in the conservative manifesto. This will no doubt be met by opposition by public sector trade unions and so we are likely to see industrial unrest in this area of the economy.
Private sector employers may also need to focus on cost control and efficiency as the public sector cuts impact on the economy generally.
Of course the new coalition government have a different attitude to Labour on employment law. Reports are that the coalition government has already set out that it will work to limit the application of the Working Time Directive in the UK and that it intends to phase out the default retirement age of 65.
No mention has yet been made of changes to the newly passed Equality Act. However the conservatives when in opposition suggested they would not adopt the socio-economic duty, or the new positive action provisions. In addition they were opposed to certain equal pay amendments.
So we will have to wait and see.
However, it seems that one way or another it will be an active time for those in the employment law and industrial relations field.
We are in the process of updating our guide notes on dealing with industrial action in anticipation of client demand. In addition it seems that there will probably still be a high level of tribunal activity. Our anecdotal experience is that there is still a heavy tribunal case load in the system. Indeed we have had a few cases postponed at the last minute by the tribunal service as they have insufficent resources to deal with the workload.
With austerity measures and the increase in cases that are anticipated by the Equality Act it does not seem things will get any easier.
If any readers want any employment law support or to subscribe to our free guides or newsletter then contact me at robert.kerr@shieldhr.co.uk or tel 024 7669606.
However the government does intend to start to introduce the cuts and efficency savings set out in the conservative manifesto. This will no doubt be met by opposition by public sector trade unions and so we are likely to see industrial unrest in this area of the economy.
Private sector employers may also need to focus on cost control and efficiency as the public sector cuts impact on the economy generally.
Of course the new coalition government have a different attitude to Labour on employment law. Reports are that the coalition government has already set out that it will work to limit the application of the Working Time Directive in the UK and that it intends to phase out the default retirement age of 65.
No mention has yet been made of changes to the newly passed Equality Act. However the conservatives when in opposition suggested they would not adopt the socio-economic duty, or the new positive action provisions. In addition they were opposed to certain equal pay amendments.
So we will have to wait and see.
However, it seems that one way or another it will be an active time for those in the employment law and industrial relations field.
We are in the process of updating our guide notes on dealing with industrial action in anticipation of client demand. In addition it seems that there will probably still be a high level of tribunal activity. Our anecdotal experience is that there is still a heavy tribunal case load in the system. Indeed we have had a few cases postponed at the last minute by the tribunal service as they have insufficent resources to deal with the workload.
With austerity measures and the increase in cases that are anticipated by the Equality Act it does not seem things will get any easier.
If any readers want any employment law support or to subscribe to our free guides or newsletter then contact me at robert.kerr@shieldhr.co.uk or tel 024 7669606.
Thursday 8 April 2010
In terms of legislative change April is always a busy month and so this month on top of dealing with the normal combination of work - advice, drafting documentation, employment tribunals, and on site projects - we are also assisting employers with understanding the legislative changes.
We have produced a free guide on the new Fit Note for clients or contacts who want a copy and a significant number of individuals from the HR community have been requesting a copy of this guide.
We have also produced a short guide on the Equality Bill which is now proceeding to Royal Assent and we anticipate this Bill will become an Act effective from 1.10.10. This will introduce a major change and employers will need to review their policies and consider their training needs to accommodate the changes introduced. Fortunately the changes are 6 months away, but it would be unwise to delay thinking how this important piece of legislation will affect employers. So we have started now.
We have also produced a short guide on the Equality Bill which is now proceeding to Royal Assent and we anticipate this Bill will become an Act effective from 1.10.10. This will introduce a major change and employers will need to review their policies and consider their training needs to accommodate the changes introduced. Fortunately the changes are 6 months away, but it would be unwise to delay thinking how this important piece of legislation will affect employers. So we have started now.
In addition our free guide on the Top 25 Cases All HR Managers (And HR Directors Should Know) is still a continuing favourite and the feedback is that this has been a helpful reference tool.
Our April Newsletter deals with the key legislative changes taking effect this month as well as the forthcoming Equality Act.
For any readers interested in receiving our free guides and or our free newsletter and or who need employment law support then they should not hesitate to contact me on robert.kerr@shieldhr.co.uk or tel 024 7669 3606.
Regards
Robert Kerr
Regards
Robert Kerr
Consultancy Director
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