News

On 30 March 2011, the Ministry of Justice published final form guidance on the procedures that commercial organisations should put in place to prevent bribery (“the Guidance”). The implementation of the Bribery Act 2010 has been delayed, to allow employers sufficient time to familiarise themselves with the guidance, until 1 July 2011.

The Government has published the 2011 Budget with its accompanying 'Plan for Growth'. Many of the employment-related measures have already been announced, however there were a few surprises. The Government’s aim is to create a more educated and flexible workforce with 'the lowest burden from employment regulation in the EU'.

Yesterday the Chancellor delivered his 2011 Budget statement.

In Thomas Sanderson Blinds v English (No.2) the Employment Appeals Tribunal upheld a tribunal’s decision to reject a harassment claim, where the tribunal took into account evidence that the claimant had previously engaged in similarly offensive conduct. The claimant had also made no complaint until he deemed one particular incident had gone too far. The EAT found that the tribunal had correctly considered that it was not reasonable for the claimant to feel that the conduct in question had an adverse effect on him.

On Thursday 17 February 2011, the Department for Business, Innovation and Skills (BIS) published the first draft of the Employment Equality (Repeal of Retirement Age) Regulations 2011 (see TEAM news report of 21 February 2011). Following concerns over unintended issues arising out of these draft Regulations, BIS has now issued a second draft.

In the recent case of Sakharkar v Northern Foods Grocery Group Ltd t/a Fox's Biscuits UKEAT/0442/10, the Employment Appeal Tribunal (“EAT”) held that a final warning issued by an employer to an employee as a result of a genuine mistake could still render any subsequent dismissal of the employee unfair.

2 million benchmark for CV-Library

In the recent case of OTG Ltd v Barke and others UKEAT 0320/09, the EAT held that an administration will not constitute "insolvency proceedings… with a view to the liquidation of the assets of the company" under Regulation 8(7) of The Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”). This means that any employees who are employed by the transferor immediately before the transfer takes place (and whilst in administration) will be transferred under TUPE.

TEAM (The Employment Agents Movement), the largest association of independent recruiters in the UK has appointed Innovate CV the global CV platform as a trusted supplier to its network.

On Thursday 17 February 2011, the Department for Business, Innovation and Skills published the draft Employment Equality (Repeal of Retirement Age) Regulations 2011, which will abolish the default retirement age from 1 April 2011 subject to the transitional arrangements.