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Well-drafted contract is key to dispute over holiday pay
...en, i.e., eight days. The tribunal accepted his argument, made under Regulation 15 of the Working Time Regulations (WTR).But when I & CM appealed, the Employment Appeal Tribunal ruled that this section of the regulations could be varied by “relevant agreement”. Such an agreement could include a contract of employment. Because the procedure for the notice period was spelled out in Mr Briffa’s contract, the Employment Appeal Tribunal said he was not entitled to compensation in lieu of accrued holiday.Roger Byard, head of employment at Cripps Harries Hall, says: “It has long been a source of frus...
Case | 14 Nov 2008
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Grinding to a halt: Why Government policy risks bringing business to a standstill
...celaw.net Printed by Pensord, Tram Road, Pontllanfraith, Blackwood NP12 2YA | Circulation 2,000 (ISSN 1745-0160) workplace law group workplace law workplace law executive centre health and safety Your choice of seminars, workshops and films on health and safety, environmental management, FM contracts, employment law, building regulations, and much more ... Budget update and 19 new Regulations in 2011 Control costs, ensure compliance and improve your professional competence Superb networking and career advice Best ever value, with £429 cash back for every delegate* *please call 0871 777 8881 f...
Magazine issue | 4 Jan 2011
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48: How the 48-hour working week could push employers to the max
...ength of holiday to be taken, i.e., eight days. The Tribunal accepted his argument, made under Regulation 15 of the Working Time Regulations (WTR). But when I & CM appealed, the EAT ruled that this section of the Regulations could be varied by "relevant agreement". Such an agreement could include a contract of employment. Because the procedure for the notice period was spelled out in Mr Briffa's contract, the EAT said he was not entitled to compensation in lieu of accrued holiday. 17428 CASES IN bRIEf No need to be gay to be subjected to unlawful harassment on the grounds of being gay An employee tea...
Magazine issue | 5 Feb 2009
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Employment law is changing - but don't tell anyone how
... products wish to services. If you do not here. receive these, please tick t Facilities Managemen nce Legal Update Confere 21 May 2008 don ge Centre, Victoria Lon MWB Business Exchan ESSENTIAL UPDATE S and n Sustainable buildings ding energy performance (inclu lations) Building Regu n Cleaning: Contracts and Quality including n Fire risk assessments (Fire the Regulatory Reform r 2005 Safety) Orde ter and n Corporate Manslaugh 2007 Corporate Homicide Act Act n Sex Discrimination n Collaborative working ment n Age legislation retire rs be and discrimination em rm e fo ons tes sp s ra ty re etail ...
Magazine issue | 13 May 2008
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Disability access: is it becoming clear yet?
...gulations implementing the European Union and Physical Agents Directive. The Directive introduces new, more stringent requirements, which will apply from 15 February 2006. March 06 20th On 20 March 2006 it will be a legal requirement for all Public Space Surveillance CCTV operators (supplied under contract) to hold an SIA licence. Operators will need a licence if they are involved in operating CCTV equipment which is either deployed into fixed positions or has a pan, tilt and zoom capacity which enables the operator to do any of the following: · proactively monitor the activities of members of the p...
Magazine issue | 1 Sep 2005
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Headache? Try new and improved law and regulation!
...IAL upDATES "As always, the conference is overall an excellent forum for learning more about the complex world of FM in good, plain English!" n Health and safety law and practice n Managing asbestos in commercial premises n Fire risk management n Investigations and personal liability n Construction contracts n Water supply systems: meeting efficiency targets and preventing contamination n HR troubleshooter n Waste management Employment Act 2008 beyond dispute resolution David Walker, Dundas & Wilson the sections that affect the Employment Agencies Act 1973, which regulates the conduct of employmen...
Magazine issue | 1 Apr 2009
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Reality bites: managing in a recession
...bruary 2009, Stansted Airport Love Workplace Law Magazine? Join us for our 10th annual conference "fm service providers will be considering predictive maintenance (based on a flexible measure of life expectancy) as a more costeffective alternative to planned maintenance." Asbestos | Construction contracts | Employment law | Energy contracts | Energy ratings | Fire safety | Health and safety law | Legionella | Loneworking | Personal liability | Single Equality Bill | TUPE | Waste management | Working at height providing this service to communication centres, hospitals, the nuclear industry, transpo...
Magazine issue | 6 Nov 2008
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Stress management special
...ns and collective agreements in place, the opt-out must be expressly covered in those agreements. Individual consent will always be required from every worker and such consent will only last for a year, after which it can be renewed. Effective consent cannot be obtained via a term of the employment contract. This means consent to the opt-out must be obtained expressly and separately. 4979 / 4445 Consent will not be valid if it is given during any probationary period. This suggests that consent will only be valid if it is given at the end of the probationary period after permanent employment has be...
Magazine issue | 1 Nov 2004
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Survival of the fit note?
...6 October 2011, central London Put yourself in control: n CIPD accredited award in employment law n Four-day classroom course n Ideal for busy managers n UK's leading employment law trainer for managers You will learn about: n n n n n n n n The purpose and principles of employment law Employment contracts Pay and working time Equality, diversity and discrimination law How to recruit legally and fairly Unfair dismissal and how to avoid it Managing change, reorganisation and redundancy Enforcing employment law and the Tribunal process Workplace Law Magazine is published six times a year by Workplace...
Magazine issue | 5 Jul 2011
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Dealing with bogus claimants
...stos risks Updated HSE guidance is now available to help those responsible for managing the risks from asbestos and protect workers who may disturb it. 'Asbestos: The survey guide' is aimed at those who commission asbestos surveys and those who use them, such as architects and demolition or removal contractors. 26181 istockphoto.com New sentencing guidelines, which came into effect on 15 February, mean that fines for companies and organisations found guilty of corporate manslaughter may be millions of pounds and should seldom be below £500,000. For other health and safety offences that cause death,...
Magazine issue | 1 Mar 2010
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The Diversity Dilemma
...e latest health and safety case law for employers ... Firms fined over "worst case of asbestos exposure" Two companies have been prosecuted after workers and members of the public were exposed to unacceptable levels of asbestos during a removal project. On 29 November 2005, Noble Gift Packaging Ltd contracted A & T Roofing Ltd to remove the roof from a building. The roof was lined with 3,000 square metres of asbestos insulating board that contained Amosite (brown asbestos fibres), which requires removal in highly controlled conditions by licensed asbestos contractors. A & T Roofing Ltd employees spent...
Magazine issue | 2 Nov 2009
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Soap star: The hygiene special issue
...es? get the full picture with Workplace law's cipd accredited courses Enrolling now for courses in 2009. for more information please contact Tom kirby on 0871 777 8881. Certificate in employment relations, law and practice Cambridge 14 September 2009 become knowledgeable on: n Setting up employment contracts n Managing employment relationships including disputes and grievances n Employment legislation and how to apply it in your organisation n How employment practice works within a personnel department 06 LEGAL CALENDAR Key legislative dates in March and April. cHallenge 22 ChANGING pLACES, ChANGING...
Magazine issue | 3 Mar 2009
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2009: new beginnings
...ical guidance on: dispute resolution; the new business immigration regime; and the ban on HCFC refrigerants. 16 ThE DEATh Of ThE TEmp? A new EU Directive has led to concerns that hiring agency workers is set to become a lot more expensive. So does this Directive herald the Asbestos | Construction contracts | Employment law | Energy contracts | Energy ratings | Fire safety | Health and safety law | Legionella | Loneworking | Personal liability | Single Equality Bill | TUPE | Waste management | Working at height 09 ThE GROWING "AGE" fACTOR Age discrimination claims will increase during 2009, says Dav...
Magazine issue | 8 Dec 2008
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Has the HSE lost its bite?
...his month. Workplace Law Magazine readers discuss the legal matters affecting their businesses. Turning a blind eye to "safety criminals", ignoring health and safety responsibilities, `slap dash' inspections. When it comes to enforcement, is the HSE gradually losing its bite? Should non-licensed contractors 15 remove low-risk product? Delivering the health 16 and safety message The David Bergman interview 20 Why shouldn't unlicensed contractors remove asbestos containing textured coatings, questions Steve Aldridge. Are businesses checking to see that they are effectively communicating the policie...
Magazine issue | 1 Apr 2006
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Business as usual? London bomb blasts
...gulations implementing the European Union and Physical Agents Directive. The Directive introduces new, more stringent requirements, which will apply from 15 February 2006. March 06 20th On 20 March 2006 it will be a legal requirement for all Public Space Surveillance CCTV operators (supplied under contract) to hold an SIA licence. Operators will need a licence if they are involved in operating CCTV equipment which is either deployed into fixed positions or has a pan, tilt and zoom capacity which enables the operator to do any of the following: · proactively monitor the activities of members of the p...
Magazine issue | 1 Sep 2005
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Religious beliefs: should employers cater for all faiths?
...al Report Second Edition, price £99.00 - Forecast publication date: July 2005 Fire Safety Handbook, price £74.99 Forecast publication date September 2005 Employment Law Special Report Autumn 2005 Edition, price £99.00 Forecast publication date: September 2005 Guide to Facilities Management Contracts, Third Edition, price £49.50 - Forecast publication date: September 2005 Workplace Law Handbook 2006 Edition, price £74.99 Forecast publication date: December 2005 Members of the Workplace Law Network save 10% on all Workplace Law Publications. All prices are inclusive of VAT and there are no...
Magazine issue | 1 May 2005
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Face facts: how much do you really know about disability legislation?
Know-how to manage your workplace October 2004 Disability access Are you ready for 1 October? Love contracts Managing office romances Implementing disciplinary and grievance procedures Workplace disputes Face facts Holiday Inn's all-encompassing approach to DDA compliance Battling for hearts and minds How much do you really know about disability legislation? EMPLOYMENT LAW HEALTH & SAFETY PREMISES...
Magazine issue | 1 Oct 2004
