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Recruitment and retention Law - Workplace Law Network

Audio

Unfair dismissal qualifying period and tribunal fees
Jayn Bond, Head of Human Resources at Workplace Law, discusses the recent announcement that the qualification period for the right to claim unfair dismissal will be extended from to one to two year... | audio | 5 Oct 2011 2:17PM

Jayn Bond on providing references
A recent Court of Appeal decision has provided some guidance on how an employer should deal with a reference request when allegations about an ex-employee come to light after they have left. Jayn ... | audio | 29 Sep 2011 4:54PM

Lying on your CV - the pitfalls
David Woollcott, Workplace Law Group's Senior HR Advisor, talks to BBC Radio Cambridgeshire about what an employer can do if they discover an employee has "flowered" their CV. | audio | 10 Jun 2008 11:51AM

Briefing

Contract variation: how to change terms and conditions
Contracts of employment are made up of a variety of terms and conditions which set out the respective obligations between the employer and employee, for example what the employee is employed to do ... | briefing | 27 Mar 2008 11:05AM

Restrictive covenants in employee contracts
Every business has a body of information that it considers to be secret, confidential, sensitive and integral to that business’ success. Information that, if disclosed to another person, part... | briefing | 12 Sep 2007 10:36AM

Recruiting staff: the entire process
Recruiting staff is a difficult, time-consuming task, where an inappropriate recruitment choice can lead to wasted costs, dissatisfied clients and disgruntled colleagues.   It is also the fi... | briefing | 13 Jun 2008 1:31PM

Probationary periods for new employees
It is common for contracts of employment for new employees to include provision for a probationary period. During this period, the employee’s performance and suitability for the job in questi... | briefing | 21 Sep 2007 10:22AM

Migrant workers: a guide to immigration rules and the prevention of illegal working
Immigration has become one of the most contentious political issues of our times. Critics claim that increased immigration strains public services and erodes social cohesion, while others, in... | briefing | 20 Jul 2010 12:31PM

Case

Autoclenz staff ruled to be employees
The UK Supreme Court has ruled on the case of Autoclenz Ltd v Belcher, in which a number of car valeters whose contracts suggested they were self-employed claimed they were not genuinely self-emplo... | case | 28 Jul 2011 3:42PM

Employers warned about commenting on former employees
Employers are being warned about the dangers of commenting on former employees to their future or current employees, following a judgment handed down by the High Court.   Mr McKie was a lect... | case | 5 May 2011 3:51PM

Entertainment agency owner banned over withheld payments
The owner of an entertainment agency that supplied acts to venues has been banned from supplying entertainers as an employment business for seven years after his formal order of disqualification... | case | 2 Feb 2011 11:32AM

Employment agencies found to be breaching regulations
  The majority of 52 Exeter employment agencies visited by National Minimum Wage (NMW) and Employment Agency Standards (EAS) enforcement officers last week have been found in breach of emp... | case | 31 Jan 2011 10:58AM

Businesses reminded of agency worker safety responsibilities
Two Lincolnshire companies have been fined after four workers were injured in a 3.5-metre fall at a vegetable processing and packaging site. The workers were employed by Spalding-based J & ... | case | 7 Jan 2011 5:52PM

Case review

James v. Greenwich London Borough Council (2008)
Mrs James worked for an employment agency and was supplied by them to work for Greenwich Council as a temporary worker. Mrs James had no contract with the Council; however, there was an agreement ... | case review | 5 Feb 2008 12:56PM

O'Reilly v. British Broadcasting Corporation and another (2010)
Ms O'Reilly was one of the presenters of Countryfile. The programme was moved in the TV schedule from a daytime to primetime slot. However, Ms O'Reilly was not asked to ‘move forward’ t... | case review | 19 Nov 2010 4:35PM

Keane v. Investigo and others (2009)
The Claimant, an experienced accountant aged 50, applied for a large number of jobs advertised online as suitable for newly qualified accountants, and when not offered an interview alleged age disc... | case review | 11 Nov 2009 1:50PM

Heyday Legal Challenge on Age Discrimination 2009
Shortly following the publishing of the Employment Equality (Age) Regulations, the charities Age Concern and Help the Aged (Age UK) put in complaints about aspects of the Regulations discriminating... | case review | 25 Sep 2009 1:38PM

Bullimore v. Pothecary Witham Weld Solicitors and another
A former employer was held liable to pay damages after it gave the claimant a poor reference, causing her prospective new employer to withdraw its job offer. The claimant was a solicitor who had b... | case review | 21 Sep 2010 12:29PM

Ebulletin

Legionella trial draws to an end
Workplace Law Group email Workplace Law Members' ebulletin no. 240 19 July 2006 © Workplace Law Network 2006 http://www.workplacelaw.net ... | ebulletin | 19 Jul 2006 12:47PM

New HSE Guidance on Work-related Road Safety
[subject - Members E-bulletin 100, 17 September 2003] 17 September 2003 (c) Workplacelaw Network Quick link - http://www.workplacelaw.net/index.php?a_id=1315 Welcome to issue no. 100 of y... | ebulletin | 17 Sep 2003 3:36PM

Three weeks until asbestos regs change
Workplace Law Group email Workplace Law Members' ebulletin no. 254 25 October 2006 © Workplace Law Network 2006 http://www.workplace... | ebulletin | 25 Oct 2006 1:26PM

Age old problem
Workplace Law Group email Workplace Law Members' ebulletin no. 244 16 August 2006 © Workplace Law Network 2006 http://www.workplacel... | ebulletin | 16 Aug 2006 12:55PM

On probation
Work Place Law Network * { margin: 0; border: 0; padding: 0; } body { background-color: white; font-size: 62.5%; font-family: arial, helvetica, "san... | ebulletin | 15 Aug 2007 11:29AM

Factsheet

Contract disputes
About 90% of court cases are settled before trial. Mediation saves UK business over £1bn a year in wasted management time, damaged relationships, lost productivity and legal fees... | Factsheet | 17 Sep 2007 6:39AM

Agency and temporary workers
There are some 1.5 million temporary employees in the UK, who make up about 6.2% of the workforce. Only 25% of temporary employees positively choose temporary work over a p... | Factsheet | 10 Dec 2007 3:22PM

Migrant workers
In the 12 months to October-December 2008, employment of UK born workers fell by 278,000 to 25.6 million. In the same period, employment of non-UK born workers rose by 214,000 to 3.8 million.Anal... | Factsheet | 17 Sep 2007 2:29PM

Criminal records
| Factsheet | 17 Sep 2007 6:53AM

Contractors
| Factsheet | 17 Sep 2007 6:45AM

Magazine issue

Playing with numbers: TUPE special issue
It's been around for 24 years (nearly 100 if you're picky!), there's endless case law to guide us, and yet we still don't have a clue what we're doing when TUPE (Transfer of Undertakings Protection... | Magazine issue | 1 Mar 2005 2:07PM

Cultivating success: how to cut costs and stimulate growth
The recession has slipped from the front pages in recent weeks to be replaced by swine flu worries and expenses rows; both of which bring their own potential problems for employers, of course. But ... | Magazine issue | 1 Jun 2009 10:54AM

Network news

Countdown to the UK's biggest Compliance event for FM
There are now just seven weeks to go until the UK's biggest compliance event for facilities managers – Workplace Law's 12th Annual Facilities Management Legal Update Conference and Dinner &... | network news | 15 Feb 2011 4:54PM

New guidance on facilities management contracts launched
Workplace Law Network has now published Facilities Management Contracts 2008, following the success of our best-selling Guide to Facilities Management Contracts, first and second edi... | network news | 22 Nov 2007 4:01PM

BPF launches fully updated consultancy agreement
The BPF Consultancy Agreement, fully updated to include changes to reflect the Construction (Design and Management) Regulations 2007, is available to buy from Workplace Law today. Developed by clie... | network news | 25 Jul 2007 12:00AM

New guidance on working with contractors published
Misunderstandings over who is responsible for monitoring and protecting contractors and subcontractors – leading to the failure to carry out responsibilities – is often at the heart of ... | network news | 27 Sep 2007 11:30AM

Workplace Law FM Conference - Occupational health and absence issues
The idea of managing and investing in occupational health is one that is growing in importance for businesses. Speaking yesterday (31 January) at Workplace Law’s 8th Annual Faci... | network news | 30 Jan 2007 12:00AM

News

Middle managers job security fears
UK middle managers are feeling the squeeze as a result of the economic downturn, according to the Chartered Institute of Personnel and Development's (CIPD) quarterly Employee Outlook survey of 2,00... | news | 25 Jan 2012 9:51AM

Rise in part-time working due to fragile job market
The number of employees and self-employed people working part-time because they could not find a full-time job increased by 44,000 for the three months to November 2011 to reach 1.31 million, the h... | news | 18 Jan 2012 11:52AM

Age-related discrimination still rife
Research published by the Department for Work and Pensions shows that age-related discrimination and stereotyping remain rooted in British society. The findings, which are based on new analysis fr... | news | 18 Jan 2012 9:03AM

Temporary and permanent jobs drop
There was a drop in the number of people placed in permanent jobs for the third successive month in December, according to the Report on Jobs published this week by the REC and KPMG. The rate of co... | news | 13 Jan 2012 10:57AM

Interns snapping up graduate jobs
Britain’s top employers are set to recruit more graduates this year, but a record number of jobs will be filled by graduates with previous work experience. A new report on the graduate job m... | news | 12 Jan 2012 9:17AM

News analysis

BlackBerries: the issues for employers
It was revealed this week that US news outlet ABC News has asked its staff to sign a waiver saying they may be required to check their emails from home through their work-issued BlackBerries but wi... | news analysis | 2 Jul 2008 2:10PM

Apprenticeships: the potential problems
The expectations of employers by the Government seems ever increasing, and it looks as though training has moved higher up the agenda. Recently the Government's proposal that employees should have... | news analysis | 7 Jul 2008 12:06PM

Work experience placements: the risks and the benefits
Traditionally, summer time sees an influx of students into organisations on work experience placements. Work experience can be beneficial to all involved but a recent case highlighted a risk that t... | news analysis | 5 Aug 2008 2:30PM

Agency workers: are all working practices bound to change?
News of a revised Agency Workers Directive is still awaited from Europe and is unlikely to emerge before early 2009. For the time being, employers and agency workers alike are in the dark as t... | news analysis | 28 Aug 2008 9:45AM

Retirement issue rumbles on
Age discrimination, the youngest of the statutory measures that seeks to enforce equality in the work place, has two key decisions in the pipeline. These are: R (on the application of The Inco... | news analysis | 29 Sep 2008 4:45PM

Official guidance

Vetting and Barring Scheme
In this factsheet: Latest developments. Background to the Vetting and Barring Scheme. How does the Vetting and Barring Scheme work? Relationship between the Vetting and Barring Scheme and the... | official guidance | 1 Nov 2010 12:11PM

Transfer of undertakings (TUPE)
In this factsheet:  What is a transfer of an undertaking? The relevant law The situations where TUPE applies Managing a TUPE situation The ETO reason CIPD viewpoint Useful contacts R... | official guidance | 1 Jun 2011 4:07PM

Immigration law changes
In this factsheet:  Background to the immigration framework  The points-based system The role of sponsors under the new system Enforcement and legal liability The UK Borders Act 20... | official guidance | 1 Sep 2011 11:10AM

Default retirement age
In this factsheet: The default retirement age. Removal of the default retirement age. Justifying a retirement age when the DRA is removed. Reviewing the management of older employees. Action... | official guidance | 1 Oct 2011 10:23AM

Contracts of employment
In this factsheet:  What constitutes a contract of employment? The legal position. Varying the contract of employment. CIPD viewpoint. Useful contacts. Further reading. | official guidance | 1 Sep 2010 4:34PM

Policy & Procedure

Age Equality and Retirement Policy and Management Guide v2.0
The Employment Equality (Age) Regulations 2006: ban age discrimination in terms of recruitment, promotion and training; ban unjustified retirement ages of below 65; and remove the current age limit... | Policy & Procedure |

Regulation

Agency Workers Regulations 2010
The Agency Workers Regulations 2010 came into force on 1 October 2011. The Regulations are intended to give effect to the Temporary Agency Workers Directive 2008/104/EC, which was published on 5 De... | Regulation | 1 Oct 2011 2:44PM

Asylum and Immigration Act 1996
Section 8 of the Asylum and Immigration Act 1996 makes it a criminal offence to employ someone who is not entitled to live and work in the UK. Employers and individual managers can face fines of up... | Regulation | 24 Jul 1996 3:41PM

Transfer of Undertakings (Protection of Employment) Regulations 2006
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) came into force on 6 April 2006 and repealed and replaced the Transfer of Undertakings (Protection of Employment) Reg... | Regulation | 17 Sep 2006 4:03PM

Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002
The Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 came into force on 1 October 2002 and provide statutory protection for fixed-term employees. The Regulations stat... | Regulation | 16 Sep 2002 8:53PM

Equality Act 2010
The Equality Act 2010 came into force on 1 October 2010. It consolidates all existing anti-discrimination legislation, i.e. legislation banning discrimination (direct and indirect) on the grounds o... | Regulation | 8 Apr 2010 12:22PM

Special report

Facilities Management Legal Update 2008: special report
Essential new guidance specifically for facilities managers In-depth guidance on the key issues facing facilities managers in the next 12 monthsExclusive research and opinion from industry expertsP... | Special report | 31 Jan 2008 2:32PM

Occupational Health 2008: Making the business case - special report
Absence - what's the cost to your business? In June 2007 the Department for Work and Pensions announced that the UK loses 175 million working days each year to sickness-related absence, costing the... | Special report | 28 Nov 2007 1:33PM

Working with Contractors 2008: Special Report
Some of the most high profile health and safety cases have involved contractors – the leading case of R v. Associated Octel (1996), in which an employee of a specialist cleaning contractor wa... | Special report | 28 Sep 2007 3:50PM

Video - Legal update

HR legal update
This HR Legal Update, hosted by Suzanne McMinn - HR Consultant at Workplace Law - and free to all premium members, gives an update on the latest changes and proposals in employment legislation, inc... | Video - Legal update | 14 Nov 2011 8:53AM

Video - News

Weekly news 1-7 February 2012
Welcome to this week's Workplace Law news update, which covers proposals to cut carbon emissions in buildings, a new low carbon reburbished building, guidance on apprenticeships from CIPD, the Gove... | Video - News | 7 Feb 2012 2:48PM

Weekly news 19-25 January 2012
Welcome to this week's Workplace Law news update which covers; the launch of a mediation pilot scheme, an update on changes to the qualifying period for claiming unfair dismissal, occupational he... | Video - News | 25 Jan 2012 12:10PM

Weekly news 9-13 January 2012
Welcome to this week's Workplace Law news update, which covers the launch of the new Workplace Law website, Workplace Law's response to David Cameron's calls for a cutback to the 'health and safe... | Video - News | 16 Jan 2012 4:53PM

Weekly news 12-16 September 2011
Welcome to this week's Workplace Law news update which covers; changes to RIDDOR reporting, proposed amendments to the Legal Aid Bill, an update on the Agency Workers Directive, a European case r... | Video - News | 19 Sep 2011 3:01PM

Weekly news 19-23 September 2011
Welcome to this week's Workplace Law news update which covers; the HSE warning employees could be prosecuted for health and safety breaches, IOSH and HSE hosting the Innovation in safety - small b... | Video - News | 27 Sep 2011 2:56PM

Video - Seminar

Agency Workers Regulations
Are you ready for the changes that came into force in October last year with the new Agency Workers Regulations? If not then this is the ideal seminar for you. You need to be aware of the equal t... | Video - Seminar | 25 Jan 2012 12:21PM

Managing redundancy and restructuring
Are you looking to cut costs by restructuring your workforce or making staff redundant? Have you already made cuts, but are wondering about your legal responsibilities as an employer? Have you foll... | Video - Seminar | 20 May 2009 12:43PM

Immigration law update
This online seminar with immigration expert Anne Morris, DavidsonMorris Solicitors, and Jayn Bond, Head of HR at Workplace Law Group, will explain why adhering to the new immigration regulatio... | Video - Seminar | 13 Oct 2009 11:30AM

Agency Workers Regulations and recent Tribunal decisions on workplace banter
The Agency Workers Regulations came into force on 1 October 2011. Do you use Agency temps? Do they stay as long as 12 weeks? Have you considered what action you need to take?   When is jokin... | Video - Seminar | 10 Oct 2011 9:15AM

What the papers say

French reality TV contestants win employment rights
Reality television faces a bleak future in France after contestants who spent 12 days flirting with the opposite sex on a sun-drenched island won the right to be treated as salaried workers. In a g... | what the papers say | 4 Jun 2009 3:20PM

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Comments

EU Agency Workers Directive Progresses; CIPD Urges Government to Protect UK
Further to the article above, the Council of Ministers failed to reach agreement on the draft Directive. The Workplacelaw Network will follow future developments closely. Commenting on the outco... | comment | 4 Jun 2003 9:20AM

'Rolled-up' Holiday Pay: Agencies Call for Clarification
Above states that the ruling was by the Scottish Court of Session. As there is somtimes a difference between Scottish and English law would the above still hold good in an English Court? | comment | 3 Jun 2003 9:22AM

Firms Fined £205K after Road Traffic Accident
Whilst not knowing the details of the incident there are a few fundementals that counter Mr Cowburns comments. Health and Safety legislation worldwide is based on the premise that those in control ... | comment | 2 Jun 2003 12:44AM

Firms Fined £205K after Road Traffic Accident
Whatever has happened to personal resposibility? The hours one works ought to be no one's responsibility but one's self. How did mankind ever develop? By initiative, not dictat. Similarly... | comment | 1 Jun 2003 9:47AM

Temporary Workers Directive still a Threat to UK Businesses
The is designed to give basic employment rights to temporary agency workers. What is wrong with that? Many TAW's don't want to be- they are forced to be because they can't find perm... | comment | 9 May 2003 4:53PM

Temporary Workers Directive still a Threat to UK Businesses
It seems to me that this debate is already academic in that there has been a pre-emptive strike by many major blue chips embarking on a dump-the-contractor policy for the past 18 months. Until June... | comment | 20 Apr 2003 1:51PM

Extension of Anti-discrimination Laws: Part One
According to the Independent newspaper, the word "homosexual" is being dropped altogether from the forthcoming legislation, and is being replaced by the phrase "orientation towards p... | comment | 26 Nov 2002 5:11PM

CIPD: Agency Worker Directive 'Bad for British Jobs'
One possible crumb of comfort for employers is that the Committee has suggested that the comparison should be defined as being no less favourably than if they had been engaged directly by the end u... | comment | 20 Nov 2002 6:56PM

CIPD: Agency Worker Directive 'Bad for British Jobs'
Prior to working with my current employers, I was on contract with a big Telecoms company. When they felt the pinch of the bursting bubble within the telecoms industry, they got rid of all their c... | comment | 20 Nov 2002 1:30PM

CIPD: Agency Worker Directive 'Bad for British Jobs'
Whilst I agree with some of the comments posted, I think that some people are missing the point. Some unscrupulous employers (and I've worked for some of them)have been employing people on a &... | comment | 19 Nov 2002 1:15AM