Forward to a colleague View as a webpage Add us to your white list Quick Links »  News   International   Casenotes   Model policies and documents   FAQs   Blogs News Consultation on changes to TUPE launched The Government has launched a consultation on proposed changes to the Transfer of Undertakings (Protection of Employment) Regulations 2006. Government publishes response to review of sickness absence system The Government has published its response to Dame Carol Black and David Frost's independent review of the sickness absence system in Great Britain, confirming that it will, among other things, remove the statutory requirement on employers to maintain sick pay records. Government begins consultation on "early conciliation" The Government is consulting on the detail of the "early conciliation" process, which will require prospective claimants to send information about their claim to Acas prior to lodging a tribunal claim. Response to consultation on ending the employment relationship The Government has published its response to the consultation on "Ending the employment relationship", which sought views on, among other things, various measures to facilitate the use of settlement agreements and the introduction of a reduced cap on the compensatory award for unfair dismissal. Top International Denmark employment law guide XpertHR International now includes a guide to employment law in Denmark. Like all of XpertHR's international guides, the Denmark guide will be updated monthly. International guide updates: January 2013 Updates to XpertHR's international section this month include changes to the Belgium, France, Germany, Ireland, Norway, Poland, Spain and Switzerland guides. Top Casenotes Constructive dismissal: Roberts v Governing Body of Whitecross School The Employment Appeal Tribunal (EAT) holds that the employer's "settled intention" to reduce the employee's sick pay by half, based on a genuine but mistaken interpretation of a clause in his contract, amounted to a fundamental breach of contract. Accordingly, the employee was entitled to resign and claim constructive dismissal. Acas code of practice: Local Government Yorkshire and Humber v Shah The EAT holds that the potential uplift in compensation awarded where an employer unreasonably fails to comply with the "Acas code of practice on disciplinary and grievance procedures" applies only in the case of employees. A worker who was subjected to an unlawful detriment was not entitled to an uplift. Religion or belief: Eweida and others v United Kingdom The European Court of Human Rights holds that a Christian employee's right to freedom of thought, conscience and religion under art.9 of the European Convention on Human Rights was breached when the UK courts found that she was not discriminated against by British Airways' uniform policy, which prevented her from wearing visible items of jewellery at work. Religion or belief: Mba v Mayor and Burgesses of the London Borough of Merton The EAT refuses to interfere with the employment tribunal decision that a children's home's business requirements outweighed the Christian claimant's desire not to work on Sundays. Tribunal update: drawing inferences of age discrimination We provide a summary and the full transcript of two interesting recent employment tribunal rulings in which the tribunals considered whether or not the claimants had presented sufficient evidence for inferences of age discrimination to be drawn. Top Model policies and documents Letter responding to an ex-employee who has raised a grievance Use this model letter to respond to a complaint that has been made by an employee who has left the organisation. Letter responding to a customer who has made a complaint about an employee Use this model letter to respond to a complaint about an employee that has been made by a customer or client. Top Frequently asked questions Real time information › What changes are being made to PAYE reporting by the provisions on real time information? › When do employers have to start operating real time information for their PAYE reporting? › Do all employers have to use real time information for their PAYE reporting? Statutory maternity pay › How is statutory maternity pay calculated when there is a salary-sacrifice arrangement in place? Jury service › What should an employer consider when arranging cover for an employee on jury service? Top From our blogs › "Yoda" nickname among evidence of age bias against older worker made redundant › ECHR religious discrimination rulings in Eweida: the reaction › Number of single employment tribunal claims continues downward trend › Solicitor claims she was ordered to stay single and childless Top Editor's message TUPE CHANGES PROPOSED The Government has launched a consultation on its proposals to amend the TUPE Regulations 2006, which protect employees' rights when the ownership of the business for which they work changes hands. The proposals stem from suggestions from some quarters that the Regulations are "overly bureaucratic" and "gold plated", and follow a call for evidence completed last year. The proposed amendments affect a number of areas including service provision changes, employee liability information, and changes to terms and conditions and protection against dismissal. We summarise the proposals on XpertHR and provide a link to the consultation document.  Jo Stubbs Head of content, XpertHR XpertHR calendar Keep up to date with all the major events and dates with our HR calendar. Find the right place to advertise your job vacancy. Research and compare job sites and the regional, trade and national press. Save time and money on recruitment advertising. XpertHR Benchmarking Benchmark your employment practices, policies and performance; download results for use in your own reports; and benefit from four decades of HR benchmarking expertise. XpertHR Salary Surveys Compare salary levels, check on bonuses and commission, and follow pay trends using our unique online Job Pricing tool; sign up now to benefit from XpertHR salary survey data. XpertHR Liveflo Guides you step by step through procedures to comply with the law, with an interactive flowchart setting out the steps in each process. 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