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Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
The Agency Workers Regulations 2010 (“the Regulations”) are due to come into force on 1 October 2011. They give agency workers important new rights and will have a significant impact in practice because there are an estimated 1.3 million agency workers in the UK, and the UK economy depends on agency workers to a much greater extent than most other European economies.
This is a question we are often asked. There was a series of cases in 1980s and 1990s which was generally thought to have clarified the position. If a company is facing serious financial difficulties (perhaps not so serious that the only way of saving the business would be by reducing pay, but very serious nonetheless), then, subject to an employer following the correct procedure, it can be possible to insist upon a salary reduction. If the employees refuse, then their existing contracts of employment may be brought to an end, and they can be offered fresh terms matching the old, save for salary, which is at the reduced level.
Statistics relating to the Employment Tribunals have recently been released for the year 2010 to 2011. The statistics provide a snap shot of the types of cases and awards that have taken place in the Employment Tribunals during this period. They also present the reality of claims and awards rather than the sometimes misleading focus that can be presented in the media.
In a well publicised decision relevant to all employers with dress codes, the High Court ruled in the case of SG v St Gregory’s Catholic Science College, that a blanket, unwavering, policy of not allowing a “cornrows” hairstyle on male pupils, with no exceptions, could be considered indirect race discrimination, which could be justified if the ban were a proportionate means of achieving a legitimate aim, but was not on the facts of the case. However, it was not considered sex discrimination.
A recent survey has been reported as saying that 72% of those bankers surveyed have had at least one affair and that 87% of affairs are with a work colleague.
Jemma Brimblecombe
Charles Richardson
Oliver Oldman
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