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Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
The High Court has just handed down judgment in McKie v Swindon College, which represents a timely reminder to all employers to watch what their staff put in emails about ex-employees, even outside the context of “formal” references.
The extent to which employees enjoy legally enforceable rights on human rights grounds to legal representation in disciplinary hearings remains unclear at the time of writing. However, it is doubtful if the presence of lawyers in disciplinary hearings is really desirable for either employees or employers, except in a very narrow category of the most serious cases.
Since 6 April employers have been be allowed to use what the Government calls called “positive action” to help candidates from underrepresented backgrounds to get into employment. When the positive action proposals were published back in 2008 a somewhat hysterical reaction from the press emerged (perhaps the most memorable being the Daily Express' front-page headline, "White men face jobs ban").
If there are any employers out there considering thinking about serving notice of retirement on any of their employees before the default retirement age of 65 ceases to apply then they are now too late.
Fathers already benefit from the right to take up to two weeks (ordinary) paternity leave but for babies born on or after 3 April 2011 fathers will have the right to take additional paternity leave (APL) of up to 6 months.
Jemma Brimblecombe
Charles Richardson
Oliver Oldman
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