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Employment Law Blog

2 March 2011

Team moves: Court of Appeal reminds us of the Legal Risks

The Court of Appeal’s decision in Tullett Prebon PLC v BGC Brokers LP is a useful reminder of the serious legal risks involved in team moves.

Andreas White

1 March 2011

ACAS guidance on compulsory retirement following DRA abolition

After some prevarication, and consultation with business concerned about the effect that such a move would have on recruitment and retention of staff, the Government today announced that the Default Retirement Age (the age at which employers can force employees to retire – currently 65) is to be abolished from 6 April 2011.

1 March 2011

Unfair dismissal minimum service to claim increased to two years

The Coalition Government has indicated that it will increase the period of employment needed to bring an unfair dismissal claim to two years.

25 February 2011

TUPE 2006: Still a “Significant Deterrent to Competition”?

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.

24 February 2011

Gender Equality in the Boardroom?

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.

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