Employment publications

 

These articles have been written by lawyers at Speechly Bircham. Please get in touch with the authors if you would like more information on a particular topic.

Articles and case studies are in pdf format which can be viewed using Acrobat Reader. If you do not have Acrobat Reader, you can download it here.

Now is the winter of our discontent
Jessica Halling discusses the difficulties employers may face in light of the names and contact details of some BNP members being published online and the possible dismissals... read more
This article was first published on the Changeboard website (December 2008)

The Pensions Regulator - flexing its muscles
Penny Cogher examines the proposed legal changes to the Pensions Bill, which will extend the regulator’s powers... read more
This article was first published in Speechly Bircham's Inbrief publication (November 2008)

Current issue of Inform: Employment - October / November 2008
In this edition we report on developments in the immigration field, as well as decisions in relation to garden leave and length of service as a redundancy selection criterion... read more

Protecting your business interests
It has become increasingly difficult to raise finance for new business development since the onset of the credit crunch. Richard Martin looks at why it's important to protect your existing business and employees... read more
This article was first published in Speechly Bircham's Inbrief publication (November 2008)

An uncertain future
Juliet Carp examines the proposal to revise flexible working arrangements and the potential headaches it could cause for employers... read more
This article was first published in the New Law Journal (31 October 2008)

Who cares wins?
Does Coleman offer carers a free standing right to fl exible working arrangements? Juliet Carp investigates...read more
This article was first published in the New Law Journal (12 September 2008)

Forced out - Nov 07
Juliet Carp asks: Should UK employers ditch compulsory retirement?... read more
First published in the New Law Journal (November 2007)

Resolving disputes successfully in the workplace
In response to the recommendations of The Gibbons Review published on 21 March 2007, the DTI launched a formal consultation seeking views on proposed measures to help resolve disputes successfully in the workplace.  In this article, Alan Julyan takes a look at the recommendations... read more

Employment law calendar
An overview of the new employment law rules and regulations which come into force throughout 2007... read more

Terminations
Alan Julyan answers some challenging questions about compensation upon termination in this Q&A for Personnel Today... read more

Immigration Update: Changes to the Highly Skilled Migrant Programme
New rules released on 7 November and effective immediately have brought in significant changes to the HSMP... read more

Cadman v HSE
Anne-Marie Balfour looks at what the European Court of Justice ruling in the first week of October will mean for employers basing pay systems on length of service... read more

The ever-changing equal pay landscape
In this article published in Personnel Today , Anne-Marie Balfour spells out what organisations need to do to ensure their pay systems do not fall foul of changing equality laws... read more

Legal Q&A: National Works Councils
Published in Personnel Today , Richard Martin answers some of the key questions for employers... read more

The Breastfeeding etc Bill
Published in Employers' Law , Anne-Marie Balfour advises employers of their obligations towards employees who are breastfeeding... read more

UK Works Councils: the scope widens
The next stage of the implementation of the EU Information and Consultation Directive comes into effect April 2007, extending the application of the legislation to cover smaller businesses... read more

The impact of age discrimination on pensions
The age discrimination Regulations contain a wide range of provisions that will have an impact on most occupational pension schemes. Although there are a number of exemptions, their scope is unclear and complicated, and there is a need for pension schemes to be reviewed... read more

When do fixed term employees become permanent?
New Regulations which came into force July 2006 will substantially impact the way employers treat employees on fixed term contracts... read more

Age discrimination: UK law still applies overseas
In this article published by Recruiter  Magazine, Nick Snowden addresses the issue of whether an employee sent overseas on a placement can still make an age discrimination claim under UK law... read more

The coming of age
The introduction of age discrimination regulations, which come into force 1 October 2006, will fundamentally change the way in which all business deal with their employment relationships. In this issue of our eNewsletter we look at the Regulations in detail, as well as their likely impact and steps employers can take to comply... read more

Employment update - April 2006
April fools day is a serious day for employers with the introduction of new employment legislation. Here are some of the key provisions which the government has put into effect this month... read more

The new TUPE Regulations 2006
The long awaited and revised Transfer of Undertakings (Protection of Employment) Regulations 2006 have been published. They are due to come into force on 6 April 2006, to find out what they include, click here to... read more

Ground breaking decision: expats can enjoy the best of both worlds
The House of Lords has delivered a ground-breaking judgment making it clear that expatriate employees who work wholly outside Great Britain can sometimes make employment claims in Great Britain... read more

Employment dispute sets a precedent
Do war correspondents have to go to war? In this article published in Legal Week , Juliet Carp discusses how a war correspondent’s employment tribunal victory could have wide-ranging implications... read more

Q: Can the firm use my image without my OK?
Read Alan Julyan's response in this piece first published in The Times Worklife Challenge... read more

Compensation limits for 2006 announced
The annual review of compensation limited for employment claims has been announced... read more

The flexible working request
A case involving British Airways highlights some of the difficulties for employers in flexible working arrangements ... read more

Flexible success
Organisations are being inundated with requests for flexible working. In this article published in Employers' Law , Daniel Wise looks at how employers are still getting it wrong and what they need to watch out for... read more

Are you stressed by your absence management policy?
Eliza Nash examines the problems caused by sickness absence for employers and essential elements for an effective sickness management policy... read more

Applying a new discipline to employment procedures
All employers, regardless of size, will be affected by the new statutory dispute resolution procedures, which came into force on 1 October 2004... read more

Alpha women: handling great expectations
Alpha women represent a growing trend in employment law - high-earning mothers who return to work. In an article published for Recruiter Magazine, see how employers can avoid costly errors when bonus time and maternity leave coincides... read more

A delicate balancing act
Family-friendly policies are never far from the agendas of business or government, nor are they long out of the headlines. Following a number of recent changes to family-friendly employment laws and with more on the horizon, Anne-Marie Balfour and Daniel Wise summarise where the law currently stands including tips for employers who wish to remain clear of the courts... read more
Published in Charity Finance June 2005

Perfect match
The Civil Partnership Act 2004 gives same-sex couples who register as civil partners, similar rights and responsibilities as married people. Ann-Marie Balfour and Joan Desmond spell out what employers need to know about the law... read more
Published in Employers Law May 2005

New Equal Pay Ruling will make equal pay claims easier to bring
Emma Bartlett looks at the Court of Apeal's ruling from 3 May 2005 and the effects it will have on making equal pay claims easier for women to bring in the future... read more

Get ahead - get a works council
In this article, published in New Law Journal , Juliet Carp explains why employers should start preparing now for the Information and Consultation of Employees Regulations which come into force April 2005... read more

The new pension regime
The Government has simplified the tax rules governing pension provision to encourage pension saving and allow most individuals much more flexibility and choice (March 2005)... read more

Bonuses of contention
As the new year begins and bonuses are being decided, a decision by the Court of Appeal in the tail end of last year highlights the need for employers to get it right... read more

Stephanie Villalba wins and loses her claims against Merrill Lynch
Discrimination poses to be one of the key issues in 2005. In this article, Alan Julyan looks back and analyses some of the key discrimination decisions from the end of 2004... read more

Data protection: access denied
New policy from the Information Commissioner means employers now have the ability to deny access to files... read more

Unknown territory
To avoid tribunals arising from redundancies, employers now must tread a careful path between old and new legislation. Read what Juliet Carp has to say in this article published in People Management magazine... read more

Gone but not forgotten
Juliet Carp explores how employers can reduce the risks of overseas staff making employment claims in the UK ... read more

Employing overseas workers
Employing a person whose immigration status prohibits him or her from taking employment in the UK risks criminal conviction and a fine of up to £5000... read more

Identifying problem job applicants
The high value claims being made against employers because of the action of their emploees mean that employers need to ensure that all employees are capable of behaving in a manner that will not result in future problems. In this article published in FOW magazine, we look at some of the issues which need to be considered so that new recruits do not become the problem employees of the future... read more

The cost of stress
It is widely acknowledged that stress at work is becoming a major issue. One in five workers have stated they are 'very' or 'extremely' stressed as a result of their work... read more

Financial limits in unfair dismissal claims
Alan Julyan looks at the House of Lords' decision in Dunnachie v Kingston upon Hull City Council , which reinstates that an applicant claiming unfair dismissal can only claim financial losses .... read more

Simplifying pensions
Penny Cogher provides a guide to the pensions bill... read more

The risks of a without prejudice dismissal
When an employment relationship isn't working out, employers often want to find a quick and amicable way to part company. In such situations, employers often decide to call an off the record or without prejudice meeting. However, what are the risks when an agreement with the employee cannot be reached? .... read more

A new era of pensions reform
The new regulatory climate for pension schemes will hit employers hard ... read more.

The final salary scheme headache
Speechly Bircham's pensions expert, Xenia Frostick, looks at the implications of winding up final salary schemes.... read more

What shall we do with the final salary scheme?
Xenia Frostick looks at whether any organisation can afford to keep its final salary scheme... read more
This article was previously published in Charity Finance magazine

The investment duties of pension scheme trustees
There has been a lot in the press recently about pension trustees’ investment responsibilities. Particularly the change in the standard of care from the prudent man of business, to the requirement for trustees to be families with the issues concerned... read more
This article was previously published in Charity Finance magazine