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Pensions auto-enrolment letter templates made available
The Pensions Regulator has published template auto-enrolment letters for employers, and set out its compliance and enforcement strategy for pensions auto-enrolment.
Employment tribunal statistics show 15% fall in claims
There has been a decrease in the number of claims being brought in employment tribunals, from 236,100 in 2009/10 to 218,100 in 2010/11 and down again to 186,300 in 2011/12, according to Tribunals Service statistics.
Government opens consultation on collective redundancy rules
The Government has opened a consultation over the statutory rules on collective redundancies. The proposals include reducing the minimum period before the first dismissal can take effect where 100 or more employees are involved.
Government publishes provision for protected conversations
The Government has published details of proposals on "protected conversations" in relation to unfair dismissal, to be included in the Enterprise and Regulatory Reform Bill.
HSE consults on review of Approved Codes of Practice
The Health and Safety Executive (HSE) has launched a consultation seeking views on its proposals to review a number of its Approved Codes of Practice.
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| Video |
Time off work for antenatal care
XpertHR's head of content Jo Stubbs and senior employment law editor Clio Springer discuss the right to time off during working hours for antenatal care.
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| Podcast |
Common dismissal mistakes
XpertHR employment law editor Jeya Thiruchelvam is joined by Max Winthrop, employment partner at Short Richardson & Forth LLP, who shares his thoughts on common dismissal mistakes, including how to avoid them and achieve a fair dismissal.
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| Perspective |
Protected conversations: unnecessary and ill thought out?
Consultant editor Darren Newman argues that the new clause in the Enterprise and Regulatory Reform Bill on protected conversations in relation to unfair dismissal cases is ill conceived.
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| Casenotes |
TUPE: Spaceright Europe Ltd v Baillavoine and another
The Court of Appeal holds that a dismissal by an administrator was "connected with" a relevant transfer, even though the administrator did not have any particular transferee in mind at the time of the dismissal. Further, there could be no economic, technical or organisational reason for dismissal, when the reason was to make the business more attractive to purchasers rather than to facilitate continued trading.
TUPE: Key2Law (Surrey) LLP v De'Antiquis
The Court of Appeal holds that administration proceedings can never be said to be instituted with a view to the liquidation of the assets of the insolvent business. Consequently, whenever a TUPE transfer of a business in administration occurs, reg.8(7) of the TUPE Regulations 2006 will not apply and any liabilities will transfer to the purchaser of the business.
Tribunal update: Job applicant's age discrimination claims against eight schools struck out
We provide summaries and the full transcripts of two employment tribunal rulings. The first tribunal struck out an unsuccessful job applicant's age discrimination claims against eight schools, while the second rejected the same individual's claim against a recruitment agency that provided services to one of the schools.
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| Model policies and documents |
Letter from end-user organisation to employment agency notifying intention to pay temp to perm transfer fee
Use this model letter to notify an employment agency of your intention to pay the temp to perm transfer fee to engage a temporary agency worker as a permanent employee.
Letter from end-user organisation to employment agency notifying intention to comply with agency worker's quarantine period
Use this model letter to notify an employment agency of your intention to comply with the quarantine period in respect of a temporary agency worker.
Letter from end-user organisation to employment agency notifying intention to use extended hire period
Use this model letter to notify an employment agency of your intention to use the extended hire period in respect of a temporary agency worker.
Letter offering permanent employment to agency worker
Use this model letter to offer permanent employment to a temporary agency worker.
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| Frequently asked questions |
Pensions auto-enrolment
› What is the relevance for employers of 1 July 2012 in relation to pensions auto-enrolment?
› What protection from unfair treatment do workers have in relation to pensions auto-enrolment?
› What is prohibited recruitment conduct under the pensions auto-enrolment provisions?
› What is an unlawful inducement under the pensions auto-enrolment provisions?
› How are employees protected from detrimental treatment or dismissal in relation to pensions auto-enrolment?
› What are the potential consequences if an employer breaches the employee protection provisions in relation to pensions auto-enrolment?
Payments in lieu of notice
› Where an employee resigns, can the employer pay the employee in lieu of his or her notice period?
› How should a payment in lieu of notice be calculated?
Ordinary paternity leave and pay
› What notice to take ordinary paternity leave and pay in respect of a child adopted from within the UK is an employee required to give?
› When can an employee choose to start ordinary paternity leave in respect of a new baby?
› Can an employer recover any ordinary statutory paternity pay that it pays out?
› Does an employee have the right to return to the same job after ordinary paternity leave?
› Does an employee due to take paid statutory ordinary paternity leave in an adoption situation still qualify for paternity pay if the employee leaves the employment before the leave is due to start?
› What happens where an employee has given notice that he or she wants ordinary paternity leave to begin on a particular predetermined date, but the child has not been placed for adoption by that date?
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| From our blogs |
› Former All Wales Ethnic Minority Association worker wins sexual harassment claim
› Single employment tribunal claims have decreased over last 10 years, suggest tribunal figures
› Kate Bleasdale loses £12m claim against company she founded
› Employment tribunals: 10 key points about the tribunal statistics
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| Editor's message |
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PENSIONS AUTO-ENROLMENT SAFEGUARDS IN FORCE
The pensions auto-enrolment regime began on 1 July, when safeguards aimed at protecting workers' pensions auto-enrolment rights came into force for all employers, regardless of their auto-enrolment staging date. The safeguards include a prohibition on specified conduct during recruitment and on offering inducements, such as one-off bonuses, in return for workers opting out of a qualifying pension scheme.
Meanwhile, the Pensions Regulator has published strategy and policy documents setting out how it will enforce the auto-enrolment regime with statutory notices, fixed penalties and escalating fines. It has also produced letter templates to enable employers to provide the necessary pensions auto-enrolment information to workers at the appropriate time.
 Jo Stubbs
Employment law editor,
XpertHR |
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