Will temp workers still be used? 19/07/2011
New rules governing the use of temp workers come into force on 1st October. The changes could well mean that employers reduce dependency on temp workers.
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The Retirement Age 20/01/2011
The Government promised last year to end compulsory retirement at 65. From 6th April, employers will not be able to issue any further notice to employees that they intend to retire them at 65.
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Pension Reform 14/12/2010
The latest state of the UK government's pension reforms is being introduced under the Pensions Act 2008 (PA 2008). Most of the key provisions will be implemented gradually over the five years starting on 1 October 2012.
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Employment Dispute Insurance Scheme 08/06/2010
We're launching a brand new insurance scheme just for employers.
The scheme provides affordable advice and representation at tribunal and in court in the event of a claim by an employee.
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The World Cup is Coming..... 08/06/2010
The World Cup is coming up and many employees are likely to want to watch the key games. The times of the games are likely to interfere with working hours and employers may be concerned about managing absence during this time.
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Employment Protection At A Price And A Time To Suit You 27/05/2010
We've launched a brand new insurance scheme just for employers.
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Volcano Ash - Stranded Employees 20/04/2010
The UK’s airspace and airports have now been closed since Thursday morning due to the volcanic ash. As a result of this, more and more workers are becoming stranded overseas and we are now hearing of schools having to close due to the fact that their teachers are stranded.
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HR Lunchtime Forum 27/01/2010
Lunchtime Networking Session for Managers Responsible for HR Issues.
Once a month Herrington & Carmichael host a lunchtime networking session for managers responsible for HR issues. The forum, which is held in our Camberley offices on Watchmoor Park, is very informal and there is no charge to attend.
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Fit For Purpose? 01/12/2009
Employers need to be aware of the new regulations on 'fit notes' that come into force in April 2010 and replace sick notes.
The new fit notes focus on what Employees recovering from illness can do, rather than what they can’t. There will be three categories of ability to work: ‘fit for work’, ‘not fit for work’ and ‘may be fit for some work now.’ Under the category ‘may be fit for some work now’, doctors are required to give details of the effects the illness has on the Employee day-to-day and make suggestions of what arrangements could be made by the Employer to help them return to work. This may involve changing the employee’s hours of work, altering their duties or offering a phased return to work.
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Tupe or Not Tupe 01/09/2009
Bringing a service in-house
Employers involved in the transfer of a business can be forgiven for being a little confused by the very complex legal rules that govern this practice.
Under TUPE 2006 (or giving its full title The Transfer of Undertakings (Protection of Employment) Regulations 2006) when a business or part of a business is transferred from one party to another then the employees of that business automatically transfer across with the same terms and conditions, and continuity of employment as before.
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HR Retainer Service 23/06/2009
A Better Way to Manage Your HR
Herrington & Carmichael LLP now offers clients a bespoke HR retainer service that works as a part of your business – in effect your own HR team, but without the cost and legal obligations of employing FT or PT HR staff.
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Its time to give your sickness policy a check up 14/01/2009
Short-term sickness absence is one of the hardest staff issues for an employer. A survey recently by the Chartered Institute of Personnel and Development found that employees took an average of eight days off sick last year, costing their employers £666 each.
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Employers Risk Claims of ‘Discrimination by Association’ 01/08/2008
Until now, only people who were themselves disabled could bring a discrimination claim. But following a recent ruling of the European Court of Justice, those associated with a disabled person – such as the parent of a disabled child – could have a claim too. Every employer in the land should take note of this radical extension of the law.
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Holiday Entitlement for the Long Term Sick 01/05/2008
No holiday for employers when it comes to long term sick leave
Previously the Courts had made what seemed to be a perfectly logical decision, that employees on long term sick leave were not entitled to accrue a right to paid annual leave. The rationale being that annual holiday is provided for a Health and Safety reason to give people a break from work. Those on long term sick leave did not need a break from work so had no entitlement to paid annual leave.
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Grievances - Would you know if one has been raised? 01/05/2008
Courts give employers some vause from grievance
The intention of introducing the Statutory Disciplinary and Grievance procedure in October 2004 had been to simplify matters and encourage employers and employees to resolve disputes before they got to an Employment Tribunal.
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Mobility Clauses 01/04/2008
A move in favour of employers
The Court of Appeal has held that an employer can in certain circumstances use a mobility clause to avoid making an employee redundant.
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Employers Tax Break 01/04/2008
HMRC stopped from claiming the same tax twice
HM Revenue & Customs (HMRC) can no longer require an employer to pay income tax on a person’s earnings where the employer has paid someone as a self-employed person and then HMRC has re-categorised them as an employee.
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Employment Law Changes 01/02/2008
The limit on the maximum compensatory award for the unfair dismissal and the maximum amount of a week’s pay for the purpose of calculating the basic award for unfair dismissal and a redundancy payment all increased as from 1st February 2008.
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Has Retirement Had It’s Heyday? 01/02/2008
The introduction of the Age Discrimination legislation in October 2006 also saw the arrival of the default retirement age of 65. Employers have been able to insist on employees retiring at 65 providing they follow a statutory procedure. Employees could ask to work longer but had no right to insist. The legality of a default retirement age has recently been challenged – so where does this leave employers?
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Internet Mis-Use 01/11/2007
Social Networking
With social networking sites such as My Space and Face-book having around 15 million users in the United Kingdom, it is clear that these sites are now hugely popular. Sites like these enable users to share their lives and experiences with friends and strangers via public and private messages, music, photos and videos. An employee’s ability to keep up to date with friends and relatives while at work could be argued to be beneficial in helping manage the work life balance more effectively. Some surveys however show that a third of Internet users access the web from work and it is therefore hardly surprising that Internet use has become a real issue for the HR manager.
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Restrictive Covenants 01/11/2007
Over the last year or so the courts seem to have taken a much tougher stance over employees who have restrictive covenants preventing them from approaching customers and suppliers within 12 months of the employment ending.
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Age Discrimination Developments 01/11/2007
HR Forum 27th November 2007
When the Regulations came in to force in October 2006, it was thought there would be a flood of applications to the Employment Tribunals, not least because it was estimated that one third of the working population was over 45 and all the demographics expect that to rise over the next 10 years.
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Age Discrimination - One Year On 01/11/2007
The Age Discrimination Regulations came into force just over a year ago and yet age discrimination still appears to be prevalent. A recent survey revealed that over half of the people responding were aware of age discrimination taking place in their workforce. This is despite the fact that nearly 90% of those responding were aware that it is unlawful to discriminate against people on grounds of age in their employment. This high level of awareness has not yet translated into the number of discrimination claims that many anticipated.
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Flexible Working Update 01/03/2007
The Regulations come into effect in England on 6 April 2007.
Flexible working rights are not new and it was in the context of working parents caring for young children that they were first introduced as part of the Maternity and Parental Leave (Amendment) Regulations 2001 and the Flexible Working (Eligibility, Complains and Remedies Regulations 2002.
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Home Working 01/02/2007
HR Forum Briefing Notes
Since April 2003 the Flexible Working Regulations have allowed employees with at least six months service and children under the age of six to ask their employer to consider allowing them to switch to flexible working. This of course includes working from home (wholly or in part). Whilst it is only a right to request, nonetheless the employer must consider any such request carefully.
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More Flexible Working Rights 01/02/2007
HR Forum Briefing Note
Most employers have been well aware that from 10 January 2002 employees who have been with you for at least 26 weeks and who wish to change their working hours or introduce other flexible arrangements in order to care for a child who is not yet 6 (or if disabled, 18) can request such changes. This was under the Maternity and Parental Leave (Amendment) Regulations 2001. It has always been an entitlement to make a request, not an obligation on the employer to grant it.
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The Health Act 2006 & The Smoke Free (Premises and Enforcement) Regulations 2006 01/01/2007
These Regulations come into effect in England on the 1st July 2007.
The National Heart Forum estimates that second hand smoke in the workplace causes at least 600 premature deaths a year, nearly three times the number killed in industrial accidents. The British Medical Journal published a paper in April 2006 indicating that second hand smoking could increase the risk of developing type 2 diabetes.
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Leave Entitlements 01/05/2006
Briefing Note
The entitlement to time off work has become increasingly more difficult to deal with as differing criteria apply depending on whether it falls within the “family friendly” legislation or other employment legislation.
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Age Discrimination 01/05/2006
Major Changes in Employment Law
Later this year discrimination in the workplace on the basis of age will become unlawful as a result of the Employment Equality (Age) Regulations 2006. Age discrimination legislation has been promised for a number of years and is now likely to become effective in October 2006. The new Age Discrimination Regulations will be enforced alongside the existing legislation which deal with discrimination on grounds of race, sex, disability, sexual orientation, religion and belief.
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HR Advice Forum - Mock Employment Tribunal - 7.30am on 10th February 2012 at The County Club Guildford Surrey. 25/01/2012
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Worplace Pension Reforms Breakfast - Tuesday 29th November 2011 : 7.30am Camberley Heath Golf Club 25/10/2011
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On 19th March 2011, key changes will be made to the UK’s system of issuing work related visas. 08/03/2011
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Pension Reform - The latest state of the UK government's pension reforms is being introduced under the Pensions Act 2008 (PA 2008). Most of the key provisions will be implemented gradually over the five years starting on 1 October 2012. 14/12/2010
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Employment Lawyer Joy Hankins Joins Herrington & Carmichael - Experienced employment and business immigration lawyer Joy Hankins joins as Associate in Camberley. Joy has over 10 years experience as an employment lawyer. Her background as a Barrister means that she is a confident and competent Advocate in the Employment Tribunal. She also has experience of the Points Based immigration system, including high profile Judicial Review work challenging decisions made by the UK Border Agency. Her experience and friendly approach makes her a valuable addition to the Employment Team. 17/11/2010
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Herrington & Carmichael Advises PKB UK LLP On Purchase Of Accountancy Firm 11/06/2010
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Volcano Ash - Stranded Employees. How do employers treat additional time off work? 20/04/2010
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Deals Book 2008 09/04/2009
Review of Deals and Commercial Matters
Welcome to the Herrington & Carmichael Deal Book 2008 –summarising the range of transactions and commercial work undertaken in the past year.
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Employees Retain Paid Holiday Entitlement Despite Being On Long Term Sick Leave 03/02/2009
Wokingham, 3rd February 2009 – Herrington & Carmichael LLP is warning employers to take note of forthcoming changes to paid holiday leave for employees.
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Herrington & Carmichael Supports Government Proposals for 'Fit Notes' for Employees 08/01/2009
Camberley, 8th January 2009 – Herrington & Carmichael LLP welcomes the Government’s proposals to tackle the UK’s worsening ‘sick note culture’ by replacing doctors’ sick notes with electronic fit notes. The notes, to be introduced in 2010, will set out the type of work the employee can do, with the aim of getting them back into work earlier.
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Employers Face Claims of 'Discrimination by Association' 08/08/2008
Wokingham, 1st August – Employers are now at risk of discrimination claims from staff who are caring for family members or others who are disabled, a leading local law firm has warned.
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New Employment Health Check will keep HR Policies in a fit shape 27/07/2008
27th July, Wokingham – Herrington & Carmichael (www.herrington-carmichael.com) is delighted to announce the launch of its Employment Health Check, aimed at helping employers comply with the constant round of changes to employment law and regulation.
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Herrington & Carmichael Backs Employment Law Reform 02/07/2008
Delegates at an Employment Seminar being hosted by law firm, Herrington & Carmichael, will be told that the decision to scrap the controversial law on how businesses should discipline staff and how workers can lodge grievances is good news for both sides of the employment divide.
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Is it time you gave your employment practices a spring clean? 12/06/2008
Come join us at Surrey Heath Expo 2008 on Tuesday 17 June to find out how…
Our Employment lawyers will be exhibiting and speaking at Surrey Heath Expo 2008, on Tuesday 17 June, 10:00 – 4:00pm at the Camberley Theatre, Knoll Road, Camberley.
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Deal Book 2007 13/02/2008
Review of deals and commercial matters
This review highlights just some of the transactions and matters in 2007 where our solutions-led approach has benefited our clients. The type of instructions range from acquisition and disposal of businesses, management buy-outs, directors’ agreements, intellectual property rights, property development, land purchasing, employment disputes and TUPE requirements.
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