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Archive for the ‘Miscellaneous’ Category

Job Churn

By Sarah - Thursday, September 2nd, 2010

Hays, who are stated to be the largest recruitment company in the UK, have said that the current job market is all about job churn.  Although employers are replacing staff who have left, they are not creating new jobs.  This is however an improvement on the previous position 12 months ago, when if a person left, in 90% of the cases they were simply not replaced.  You can read the full story on the BBC News site.

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A google first

By Sarah - Tuesday, August 31st, 2010

On a very light employment law news day, I came across this story about the first Google employee Craig Silverstein who joined Google’s founders as the first employee in 1998.  12 years later they have gone from three people in a surburban garage to 20,000 employees in 70 offices across the world. Not to mention being one of the largest, if not the largest search engine in the world and a global name. Wow - that is a success story!

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Fixed term workers

By Olivia - Tuesday, August 10th, 2010

Claims in respect of breach of the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 are not run of the mill as compared to unfair dismissal, discrimination claims etc.  Therefore, when one reaches the EAT it causes a certain degree of interest amongst employment lawyers (sad we know!)

The case of Manchester College v Mr Cocliff is an appeal against the Tribunal that Mr Cocliff was treated less favourably by reason of being a fixed-term employee.

As there is no authority relating to breach of these Regulations the EAT drew instead on consideration of the HOL in Matthews v Kent &Medway Town’s Fire Authority & Ors [2006] in relation to similar provisions in respect of part time workers.

The EAT determined that the Tribunal erred in determining whether less favourable terms in a fixed term contract had been justified before deciding the reason for the difference between the contractual terms of a fixed term worker and those of his comparator.  There therefore erred in deciding that because the less favourable terms had not been justified, the reason for such terms was that the Claimant was a fixed term worker.

The case has been remitted to Tribunal.  Clarification on this stepped approach will be useful in future cases concerning both fixed term and part time workers.

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Bank of England Maintains Base Rate at 0.5%

By Liam - Thursday, August 5th, 2010

The Bank of England base rate has once again been held at 0.5%. The base rate has now been at 0.5% for 17 months. See here for B of E press release.

Good news for those with mortgages and other loans linked to the Bank of England base rate! Not necessarily such good news for those with fixed rate mortgages or other loans linked to particular bank’s standard rates.

Now all we need is for the banks to start lending some of the tax payers money they have “borrowed” to business to help get the country back on track.

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Happy Birthday

By Olivia - Wednesday, August 4th, 2010

to Peter O’Toole (78 on the 2nd) who, when asked whether he exercises, replied (aghast at the thought) that the only exercise he takes is walking behind the coffins of those who had taken too much.

Liking his style ……

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Human Rights

By Olivia - Wednesday, June 30th, 2010

The Supreme Court have ruled that British soldiers are not protected by human rights when in combat.  As the law currently stands, soldiers are covered by the Human Rights Act whilst on bases abroad but not when they step outside of their base.

The family of Pte Jason Smith, who died of headstroke in Iraq in 2003 argued that protection afforded by the Act should be extended.  Two lower courts found in the family’s favour.  This, however, was viewed as opening a whole can of worms as claims linked to inadequate equipment and intolerable working conditions looked likely.

So, for the present time the lid has been put back on the can.  However, the issue may now proceed to the European Court of Human Rights so one to watch out for !

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Football at Work - Slovenia v England

By Liam - Wednesday, June 23rd, 2010

With England leading Slovenia 1 - nil at half time and kick off being within normal office hours, I wonder how many employers have seen higher than normal absence rates today?

I also wonder how many employers have had their IT departments block websites such as bbc iplayer which allow the match to be watched live on employee’s computers. Gone are the days of needing a tele in the office to watch the world cup - things have moved on since the world cup in 2006. These days a moderate spec pc and internet connection is all employees need to be glued to their pc screens for purposes other than word, excel and work e-mail!

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BBC pay rises

By Sarah - Tuesday, June 15th, 2010

The Government has demanded public sector pay restraint to try to plug the black hole.  The BBC has today announced pay rises for 70% of its staff or 13,000 staff members who earn less than £37,500 who will get £475 each.  Whilst this does not sound a lot it will add 1% to the £1 billion wage bill of the BBC.

On the plus side at least it is going to those at the bottom of the wages scale and not across the board.

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Forged qualifications

By Sarah - Thursday, June 10th, 2010

It happens in all professions and even in the solicitors profession.  In a recent reported case, Ghazala Sarwar received a four month prison sentence suspended for two years after she pleaded guilty to one count of fraud and another of pretending to be a solicitor. She worked in the legal department of United Utilities for 14 months until July 2009 when her employment was terminated for gross misconduct.

Sarwar held herself out to be a qualified solicitor.  She has allegedly used forged documents from the Law Society to deceive her employers.  What is more concerning is that this was not the first time. She had previously been the subject of an order from the solicitors disciplinary tribunal preventing an unadmitted person being employed as a solicitor. This was after she had gained employment at Manchester firm Pannone & Partners in 2002.

Two things strike me about this case. Firstly, the need for employers to check qualifications and with their governing body if appropriate.  Secondly, that the sentence was not severe enough, she had done it before so clearly did not learn her lesson last time. I am not saying prison is the answer but more of a deterent is needed - perhaps a fine.

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HP to cut 9000 jobs

By Sarah - Tuesday, June 1st, 2010

Hewlett-Packard is to invest $1 billion in fully automated data centres with the net result of 9000 job cuts.  It will reinvest for growth and improve shareholder profitability.  No specific information has been given as to where the cuts will come and in what timescale. HP currents employs 304,000 people across 170 countries.

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