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HR Today
employment law update

 

Welcome to 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.

In addition to the newsletter, Intellect members have full access to our free IntellectHR service, providing you with web-based HR guidance including a full range of practical step-by-step guides, letters, forms, contracts, an employee handbook, and customisable policies.


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Communicating effectively through mergers, acquisitions and times of change

Perhaps the only true constant in the modern business environment is that we are living in times of extreme and rapid change. Every day in the media we see stories of established organisations going to the wall, of tumultuous market variations and of business acquisitions and mergers. During times of change and uncertainty, there is an extra onus on management and HR: the need to communicate effectively.
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Employment law


Reminder of changes in April

A reminder that this month sees the following:
- an increase in the minimum holiday entitlement to 5.6 weeks
- increases in SSP, SMP, SAP and SPP
- extension of the right to request flexible working
- repeal of the stautory dispute resolution procedures
- tighter rules on enforcing the national minimum wage and penalties for failure to do this
- changes to the rules surrounding unions and political party membership
- TUPE and PAYE
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Future changes - start to plan for pension changes in 2012
As from 2012 (not confirmed, but expected to be October 2012), it will be compulsory for employers to contribute to the new personal account pension scheme, which employees, workers and agency workers will automatically join when they start a new job, unless the employer provides an alternative which is as good or better.  Employers will be required to offer a qualifying workplace pension scheme to their workers and to automatically enrol all eligible workers into this scheme.
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Tribunal claims
It would appear that unfair dismissal claims are about to reclaim their previous position of being the most frequently lodged claim at tribunals (equal pay claims overtook unfair dismissal last year). 
The provisional number of unfair dismissal claims accepted from April 2008 to February 2009 rose to 47,155 (up from 40,941). Perhaps unsurprisingly, redundancy claims also increased, as did claims for a failure to inform and consult about redundancy.
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Equal pay audits
You may recall the government considering the introduction of mandatory equal pay reviews - this was proposed in the Equality Bill, published in draft in June 2008.
Employers' groups have since lobbied strongly against this, arguing that such a measure would impose unnecessary and unacceptable administrative burdens on businesses.
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Some interesting cases
- Discrimination - on the grounds of disability, race or age
- Disciplinary hearings: right to be accompanied
- Dismissal: compensation
- Dismissal: when is the decision communicated?
- Unfair dismissal: continuity of employment
- Unfair dismissal: redundancy selection
- TUPE: inheriting staff on a service provision charge

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Foreign students - tier 4 is now implemented
Tier 4 (covering students) of the points-based immigration system is now in force.  More details are available on the UK Borders Agency website or you can read more on our site.  (Members must log in to view this page).
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Health and safety update

Working time - ability to opt out

The conciliation process has now started in Brussels to try to resolve the differences between the European Parliament and the Council of Ministers over our current ability to opt-out from the Working Time Directive. Whilst it may be that the right to opt-out will remain, it is likely that further rules will be introduced (eg, no right to opt out in first month of employment, cap on 60 hours per week, rules on 'on-call' time). Watch this space!

Stress

Given that this month includes Depression Awareness Week (21-26 April), the announcement by the HSE of a new website aimed at preventing work-related stress seems timely. This includes updated advice and guidance, tools to help prevent stress at work, a self-assessment questionnaire for managers and case studies. In 2008, 13.5 million days were lost due to work-related stress. (Members must login to view this page).
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The risks of night work

It's official: night shifts are bad for you! It has been recognised for some time that night workers may suffer from disturbed sleep, fatigue, digestive problems and a greater risk of accidents at work. But employees who develop cancer after working night shifts could now have grounds for legal action against their employers.
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New on the website


Updated guidance papers now available

We have been busy reviewing and updating all of our guidance on discipline, grievances, dismissal (including redundancy, absence, expiry of fixed-term contracts), employment tribunals, holidays, flexible working - plus all associated template policies, letters and forms.  If you haven't reviewed your grievance and disciplinary procedures we would strongly advise you to do so.  Premium users can do this by viewing the comparison between the latest version they created and our current template - all changes are highlighted for them.
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Rise in UK workers applying for second jobs

The number of people searching for second jobs within the hotel, hospitality and catering industry has increased dramatically over the past six months. A recruitment company received over 400 applications in response to its advert for 20 breakfast waiters at a major London hotel - six times as many as this time last year.
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Managing during the recession - a few general points

The Treasury is now predicting that unemployment will reach three million this year. It is already at its highest level since 1997. Unsurprisingly more and more workers are growing increasingly concerned over the security of their jobs.
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