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Collective redundancy: UK government confirms plans for reform from April 2013

Herbert Smith Freehills LLP
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United Kingdom
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December 18 2012

The government has today published its response to the consultation on changes to collective redundancy law

Political beliefaffiliation: UK law in breach of human rights

Herbert Smith Freehills LLP
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United Kingdom
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December 18 2012

UK law may need to be amended to protect employees from dismissal because of their political beliefs or affiliation

The £1.7 million lunch: requiring leavers under employee incentive plans to comply with restrictive covenants.

Herbert Smith Freehills LLP
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United Kingdom
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December 18 2012

A recent High Court case provides useful clarity that companies operating employee incentive plans should be able to link the exercise of a discretion to treat a departing participant as a "good leaver" to a condition that the participant has not breached their employment contract, or even that the participant complies with post-termination restrictive covenants

New resources

Herbert Smith Freehills LLP
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United Kingdom
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December 18 2012

MoD consultation (closing date 18 January 2013) on reform of the reserve forces regime, including possible legislation to prevent discrimination against reservists

UK government confirm flexible parental leave and extension to right to request flexible work from 201415

Herbert Smith Freehills LLP
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United Kingdom
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December 18 2012

The UK government has announced a new flexible parental leave regime that will allow parents to share 50 out of 52 weeks of statutory maternity leave and 37 out of 39 weeks of statutory maternity pay from 2015

UK government to press ahead with “employee shareholder” status

Herbert Smith Freehills LLP
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United Kingdom
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December 18 2012

The UK government has published its response to a consultation paper on the Chancellor’s proposal for a new employment status, previously ”employee owner” but to be renamed “employee shareholder”

TUPE: scope of service provision change discussed

Herbert Smith Freehills LLP
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United Kingdom
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December 18 2012

The service provision chance (SPC) limb of TUPE does not apply where the activities are in connection with “a single specific event or task of short-term duration”

New tribunal compensation and statutory benefits levels: FebruaryApril 2013

Herbert Smith Freehills LLP
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United Kingdom
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December 18 2012

From 1 February 2013, the cap on the unfair dismissal compensatory award will increase from £72,300 to £74,200 and the cap on weekly pay (used to calculate the unfair dismissal basic award and statutory redundancy pay) will increase from £430 to £450

Social media: caution required when disciplining for Facebook comments

Herbert Smith Freehills LLP
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United Kingdom
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December 18 2012

Employers should not assume that they have the right to restrict an employee’s freedom to express views on social media where these concern personal beliefs and do not have a work-related context (such as being about the employer or work colleagues