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ACAS discussion paper on Agency Workers' Directive

Shepherd & Wedderburn LLP
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United Kingdom
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August 13 2009

Employers will be aware of the Government consultation on the implementation of the Agency Workers' Directive in the UK which closed on 31 July 2009

Early review of default retirement age

Shepherd & Wedderburn LLP
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United Kingdom
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August 13 2009

The Government has recently announced that it will bring forward its proposed review of the default retirement age under the Age Discrimination Regulations from 2011 to 2010

Equality Bill update

Shepherd & Wedderburn LLP
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United Kingdom
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August 13 2009

The Equality Bill continues to progress through Parliament towards an implementation date in 2010

Failure to make reasonable adjustments can render a dismissal unlawful

Shepherd & Wedderburn LLP
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United Kingdom
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August 13 2009

Where a dismissal could have been avoided by making a reasonable adjustment (such as a phased return to work or a move to a different job), the employer's failure to make the reasonable adjustment meant that the dismissal itself amounted to discrimination under the Disability Discrimination Act

TUPE and insolvency

Shepherd & Wedderburn LLP
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United Kingdom
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August 13 2009

The Court of Appeal has heard the appeal in Oakland v Wellswood (Yorkshire) Ltd

Employment status in the construction industry

Shepherd & Wedderburn LLP
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United Kingdom
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August 13 2009

HM Revenue and Customs has published a consultation on "false self-employment in construction", in which it proposes that workers in the construction industry will be treated as being in receipt of employment income for tax purposes and therefore subject to National Insurance contributions and tax unless they meet one of three criteria

Employer has substantial flexibility to determine selection pools in a redundancy exercise

Shepherd & Wedderburn LLP
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United Kingdom
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August 13 2009

The EAT has held that an employer has a wide measure of flexibility in determining the pools for selection in a redundancy process (Lomond Motors Ltd v Clark

Legal representation at internal disciplinary proceedings

Shepherd & Wedderburn LLP
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United Kingdom
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August 13 2009

In the case of Kulkarni v Milton Keynes Hospital NHS Foundation Trust, the Court of Appeal has held that in certain circumstances an individual may have the right to be legally represented at an internal disciplinary hearing

Attempts at conflict resolution did not prevent disciplinary action

Shepherd & Wedderburn LLP
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United Kingdom
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August 13 2009

In West London Mental Health NHS Trust v Sarkar, the EAT held that the employer's actions in seeking to resolve complaints against Mr Sarkar through an internal "Fair Blame Policy", designed to deal with less serious matters, did not mean that his subsequent dismissal for gross misconduct was unfair or outside a range of reasonable responses open to the employer

Sleeping-in allowance counts towards minimum wage

Shepherd & Wedderburn LLP
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United Kingdom
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August 13 2009

The case of Smith v Oxeter Learning Disability NHS Trust concerned a worker who was contracted to work 15 hours per week at a residential care home and occasionally required to sleep at the care home to be on call for night duty

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