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The Equality Bill

Shepherd & Wedderburn LLP
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United Kingdom
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November 6 2009

The key changes proposed in the current draft of the Equality Bill are: extension of the equality duty on public bodies the existing equality duty compels public bodies, in delivering public services, to promote equality in terms of race, disability and gender

Employer not penalised for mistaken belief about the application of TUPE

Shepherd & Wedderburn LLP
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United Kingdom
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November 12 2009

Not the main dispute between the Royal Mail and trade unions but an interesting sideshow nevertheless and another victory for the employer: the Court of Appeal has upheld the EAT's decision in Royal Mail Group Ltd v Communication Workers Union, that an employer which genuinely but mistakenly believes that employees will not transfer under TUPE will not automatically be in breach of the requirement under TUPE to inform and consult for providing what turns out to be incorrect information

BIS guidance on problems in the workplace

Shepherd & Wedderburn LLP
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United Kingdom
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November 17 2009

BIS has published two new guidance leaflets aimed at helping employers and employees resolve problems in the workplace

Government seeking evidence on default retirement age

Shepherd & Wedderburn LLP
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United Kingdom
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November 17 2009

The Government has launched a research project aimed at gaining an insight into employers' age-based practices and policies

Consultation on legislation to implement the Agency Workers Directive

Shepherd & Wedderburn LLP
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United Kingdom
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November 17 2009

Following on from the consultation in June this year on the Government's proposals to implement the Temporary Agency Workers Directive, the Government has launched a second consultation, this time on draft regulations to implement the Directive

Reminder 31 March deadline to amend contracts that do not comply with FSA's remuneration code

Shepherd & Wedderburn LLP
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United Kingdom
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March 11 2010

Employers are reminded that, under the FSA remuneration code of practice, the transitional arrangements for amending contracts that can be changed unilaterally end on 31 March 2010

When is an employer exempt from the duty to make reasonable adjustments?

Shepherd & Wedderburn LLP
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United Kingdom
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December 10 2009

The DDA provides that an employer is not required to make reasonable adjustments to a provision, criterion or practice (PCP) where the employer does not know, and could not reasonably be expected to know, that the person is disabled and likely to be placed at a disadvantage in relation to the PCP

Discretionary bonuses practice and law diverge

Shepherd & Wedderburn LLP
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United Kingdom
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March 11 2010

The High Court has held that employers cannot refuse to pay a discretionary bonus by relying on previous practice or alleged City or industry custom (Rutherford v Seymour Pierce Limited

Consultation on increase in maximum penalty for breach of DPA to £500,000

Shepherd & Wedderburn LLP
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United Kingdom
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December 10 2009

The government is currently consulting on plans to introduce a maximum penalty of £500,000 for serious breaches of the Data Protection Act

The Financial Services Bill

Shepherd & Wedderburn LLP
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United Kingdom
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December 10 2009

HM Treasury has now published the Financial Services Bill which, if enacted, will give the Treasury power to make Regulations concerning the disclosure of remuneration and will require the FSA to require regulated companies to have remuneration policies that are consistent with effective risk management and international standards, including those adopted by the G20

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