Mark Coombes - Connective HR - Employment Law Update.
17th May 2011
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Mark Coombes of Connective HR Pontypridd - Bulleting

Case Law – Redundancy Selection 

Eversheds has lost its appeal against an employment tribunal decision that a male solicitor, J, was sexually discriminated against when he was made redundant after going up against his female colleague, A, in a redundancy exercise.  A had been on maternity leave when employees were scored on their performance as part of the process.  The original tribunal found J had been unfairly dismissed and sexually discriminated against.  An appeal tribunal has now upheld this decision.
The original tribunal judgment said the firm "unfairly inflated" A’s work assessment scores in one of the systems used to assess their work.  The procedure, known as "lock-up", measured the period of time between the undertaking of a piece of work and receipt of payment from the client. The lock-up was carried out when A was off work on maternity leave.  Because she was not at work at the time, bosses awarded her the maximum notional score of two points for her assessment because it was regarded as the fairest approach to protect her while she was not there to influence the result.  J scored only 0.5 points for his lock-up. 
The appeal tribunal judgment stated that J had suffered a real injustice.  By giving A a notional maximum score, while he was given his actual score, Eversheds gave her an advantage over him which was not based on an assessment of their respective merits, and that advantage is very likely to have made the difference between him keeping and losing his job. 
Employment Law - Forthcoming Changes

Agency Worker Regulations 2010 – effective 1st October 2011
The Regulations implement the EU Agency Workers Directive as agreed in 2008 following social partner agreement between the CBI and TUC. These will come into force in the UK on 1 October 2011. They will give agency workers the right to the same basic employment and working conditions as if they had been recruited directly by the hirer - if and when they complete a 12 week qualifying period in a job.
Changes to National Minimum Wage –  effective 1st October 2011
Pensions Bill 2011 – effective 2012
Helpful Hints and Tips

Pre-Employment Health Questionnaires 

The Equality Act 2010 has made it difficult for employers to ask about health, absences from work or disability before offering (conditional) employment, although there are some limited exceptions.
The Equality and Human Rights Commission (EHRC) can now take action against employers who persist in asking health related questions at an early stage. Jobseekers can also seek redress by making an Employment Tribunal claim, if questions are asked at and early stage and they are not offered a job because of disability. 

Partner Information  

Connective HR has linked with Independent Financial Advisors who offer a confidential financial review to individuals and small, free of charge and without obligation, to make plans to help protect your financial future and find the protection cover that’s right for you.
The review looks at arrangements that are already in force, such as pension plans, investments and insurance products to ensure that they are still suitable for you and looks at your needs and future objectives so that recommendations can be made to help safeguard both you and your family against the financial impacts of critical illness, injury, etc, andachieve your goals in the most appropriate way for you. 

If your looking for genuine cost effective, realistic and reliable HR Advice then contact Mark Coombes of Connective HR in Pontypridd - working for clients through out South Wales.

07837 196089

Cnnective HR do a protection HR service that costs as little as £15 pcm - They have several highly experienced Human Resource consultants coverin th ewhole South Wales Corridoor so you can rest assured that you will be covered day and night.

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Member since: 6th November 2009

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