Blog
Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
The Coalition Government has indicated that it will increase the period of employment needed to bring an unfair dismissal claim to two years.
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) made a rare outing into the mainstream press this week. A Times editorial (a subscription to The Times’ website is required to follow the link) on Wednesday bemoaned TUPE as being a “significant deterrent to competition”. Many would agree. TUPE means that, where there is a "relevant transfer" of an undertaking to a new provider, the employees employed in that undertaking, together with all rights and liabilities in connection with their employment, will automatically transfer from the transferor employer to the transferee with special protection against transfer-related dismissal. “Relevant transfers” include asset purchases where the identity of the business unit is maintained and, significantly, service provision changes like outsourcing and insourcing.
This week’s Institute of Leadership and Management report on ‘Ambition and Gender at work’ and Lord Davies independent review of Women on Boards, have once again highlighted the perennial problem of diversity in the workplace. They have also promoted a consensus-driven rather than radical approach to tackling this. But perhaps it is baby steps rather than a handbag and killer-heels solution that will be the best path to progress in the long run.
Last week the government unveiled a consultation paper on “Resolving Work Place Disputes”. This is supposed to be a show case of the government’s ideas to reform Employment Tribunals and ease burdens on employers. There are many points in the document but nearly all of them are a bit of tinkering around the edges and they are very far from an overhaul of the system.
Despite the May 2010 election of a coalition government with a stated commitment to lessen the regulatory burden on employers, 2011 promises to be a busy year for HR practitioners and employment lawyers as they prepare to absorb a whole raft of changes. Below we outline the highlights of the coming year’s legislative agenda that could significantly impact the way employers deal with their staff:
Jemma Brimblecombe
Charles Richardson
Oliver Oldman
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