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Welcome to the new look HR Today, the monthly newsletter from IntellectHR keeping you up-to-date with employment law changes and free HR services that our members are entitled to.
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Welcome to our new feature! |
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The HR Doctor is the place to ask your industry questions to the experts at Intellect. We will select one question to be answered and published in the next issue of HR Today.
Send your HR questions to communications@intellectuk.org
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Managing TUPE situations |
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Getting through the minefield of a TUPE (Transfer of Undertakings (Protection of Employment)) transfer is a challenge for the most experienced manager or HR specialist. Even the legal system itself sometimes seems to struggle to interpret the extremely complex regulations.
Often, so much effort is spent in ensuring legal compliance, it is easy to forget the impact that the process has on the business and the people affected. Whilst it is critical to comply with TUPE legislation, it is also important not to lose sight of the fact that during the transfer process, business and productivity levels need to be maintained, and employees affected by the change (whether directly or not) need to be kept 'on board'.
Read our article» |
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Working Time - the opt out may stay - but with a few new rules |
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Agreement has now finally been reached by the EU Employment and Social Affairs Council on the working time opt-out and definitions of on-call time, as well as new proposals to extend employment protection to temporary agency workers. The agreements will now go to the European Parliament for approval - however, note that Spain, Belgium, Cyprus, Greece and Hungary say they will seek to change the law as they do not fully support the current compromise.
Read the full story»
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Agency workers will get protection |
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At the same time as agreement was reached on the opt-out, so was an agreement on agency workers. The draft Agency Workers Directive does not contain prescriptive terms but has a framework of minimum requirements. |
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Proposed new right to request time off for training |
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The Department for Innovation, Universities and Skills (DIUS) has issued a consultation paper on the proposal to give employees the right to request time off for training, which would work in a similar way to the right to request flexible working. |
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Age discrimination - challenge re statutory retirement age |
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Currently, provided they follow the right procedure, employers can dismiss employees when they reach their normal retiring age. If Heyday's (part of Age Concern) challenge is successful our UK law may have to be changed as a result. In addition, many employees who were made to retire at 65 could claim age discrimination. |
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Government bans inducements for pension opt-outs |
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The Pensions Bill 2007 requires all workers between 22 and state pension age who are earning more than £5,035 a year (2006/07 earnings) to be enrolled automatically into a qualifying workplace scheme, such as a personal account. An amendment to the Bill will prohibit employers from offering 'inducements', such as higher salaries or one-off bonuses, to encourage workers to opt out. |
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Increase to National Minimum Wage confirmed and a few changes |
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The National Minimum Wage (NMW) will be increased with effect from 01 October 2008. The government has also announced an increase in the NMW exemption for Work Trials from a period of three weeks to six weeks for some people. The Employment Appeal Tribunal has supported the HMRC and ruled that employers are required to pay staff at least the minimum wage regardless of any tips, gratuities, service or cover charges, unless the tips are paid through the employer's payroll. |
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Employment Bill and ACAS guides on their way |
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The Employment Bill has now passed through the House of Lords and has had its first reading in the House of Commons. The Bill is expected to come into force in April 2009. In connection with the bill, ACAS has published 'Discipline and grievances at work: Draft ACAS guide', which complements its revised Code of Practice on discipline and grievances (issued May 2008). The draft guide is more detailed than the draft Code, but is purely advisory. |
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Employers of illegal workers 'named and shamed' |
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The UK Borders Agency has started to 'name and shame' those found to have employed illegal workers. Since the introduction of the Nationality, Immigration & Asylum Act 2002 in February, and the two new offences of 'negligently' employing an illegal worker and 'deliberately' employing an illegal worker, more than 200 companies have been fined, including 37 directors individually. |
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Review of 'no win, no fee' funding |
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The Ministry of Justice is reviewing the use of no-win, no-fee funding in employment, personal injury and defamation cases in England and Wales. The study, by senior academics, will look at whether no win, no fee arrangements are still operating in the best interests of giving people access to justice. |
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Increase in fuel rates for company car drivers |
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Good news for company car drivers, but not unfortunately for those who use their own vehicles for business travel. |
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Single Equality Bill |
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This bill has now been published and, as expected, has met with controversy. Aimed at simplifying the various different discrimination laws by bringing it into a single piece of legislation, the bill had a few extra surprises... |
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New guidance - on TUPE, CRB checks and maternity leave |
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The Information Commissioner's Office has produced new guidance to help employers comply with the Data Protection Act when providing employee liability information under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). The Cabinet Office has published guidance to help organisations that use volunteers, including schools, to be clear about when they do and do not need to carry out Criminal Records Bureau checks. HMRC has also published new guidance in relation to non-cash benefits whilst on maternity leave. |
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Some interesting cases |
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- Disability discrimination
- Equal pay
- Working Time
- Self-employed contracts
- Garden leave
- Withdrawing an offer of employment
- Assessing damages |
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Smoking |
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It's now a year since smoking was banned in UK workplaces. We had a very small number of queries regarding this and it would seem that the introduction of the ban went smoothly for most employers. An online poll by Monster.co.uk found that nearly two thirds (62 per cent) of the 545 workers who voted said that the smoking ban improved their work environment, however one in three (34 per cent) also felt that time was wasted with co-workers/employees leaving the building for cigarette breaks.
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Information for employees |
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The HSE is consulting on changes to the Health and Safety Information for Employees Regulations 1989. These require employers to provide information to their employees relating to health, safety and welfare at work, generally by displaying the approved poster or by giving out leaflets. |
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Fleet drivers have higher accident rate |
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The RAC's latest Vehicle Fault Analysis report claims that fleet drivers have more accidents, take less care of their vehicles, fail to carry out basic checks and frequently fill up with the wrong fuel.
Read the full story» | | |
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Contracts updated, poor performance letter and a guide to talent management |
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We've updated all of our contracts this month, and made many more of the clauses fully customisable Read more»
We've also added a new letter to the site to confirm a meeting discussing poor performance Read more»
and a guide to talent management Read more» |
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Jobsite.co.uk survey and the Happiness Index |
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- what's your ideal salary?
- but are you happy at work?
Read the full story»
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