Age Discrimination 'No Longer Just a Timebomb' - Employment Law News Autumn 2003

Age discrimination is again in the spotlight following recent publication of the Government?s ?Equality and Diversity: Age Matters? paper, on which consultation closes 20 October 2003. The UK must in any event pass legislation outlawing age-based discrimination in employment and vocational training under the terms of the EC?s Equal Treatment Framework Directive. New laws are likely to be implemented in October 2006. Read Full Article

Comment - Employment Law News Autumn 2003

These are challenging and often uncertain times for employers. Whilst regulation (exemplified by the raft of ?family friendly? policies covered in our Spring 2003 edition, and new discrimination laws on religion, belief and sexual orientation due in December) has grabbed headlines and will doubtless have worked its way into HR policy, it would be easy to overlook the impact of current case law and the advent of fundamentally new concepts into UK industrial relations. Read Full Article

Information and Consultation Regulations - Employment Law News Autumn 2003

In July the Government published its consultation paper containing draft regulations for implementation of the EC's Information and Consultation Directive. Read Full Article

Other Developments - Employment Laws News Autumn 2003

National minimum wage - as from 1 October 2003, main rate up from £4.20 per hour to £4.50; development rate up from £3.60 to £3.80. Read Full Article

Rolled-Up Holiday Pay - Employment Law News Autumn 2003

It is not uncommon for employers, particularly of short term, casual and shift workers, to calculate holiday pay entitlement, to roll it up as an additional component of normal remuneration and to pay it whilst the employee is working, thereby reducing administration whilst the employee is on holiday. Over the summer, the practice received qualified approval from the Employment Appeal Tribunal (EAT), but some doubts still linger. Read Full Article

Control of Asbestos - In Business Summer 2003

Owners and occupiers will have to comply with a new regulation regarding the control of asbestos. Although the regulation came into force in November 2002, the new duty to identify asbestos and then to analyse the asbestos is implemented with effect from 21 May 2004 and 21 November 2004 respectively. Read Full Article

E-commerce Disputes - Where Will They Be Heard? - In Business Summer 2003

The Brussels Regulation 2000 (which came into force on the 1st May 2002) changed the rules governing where E-Commerce disputes are to be dealt with in the EU. Read Full Article

Europe Wins Over Euro Symbol - In Business Summer 2003

British Company Travelex (which acquired Thomas Cook in 2001) has lost its claim against the European Commission over rights to use the euro symbol. The company alleged that the euro symbol was too similar to a trademark which Thomas Cook had registered in a number of European states in 1991. Read Full Article

Foreign Debts - Stem the Tide - In Business Summer 2003

Collection of foreign debts still creates difficulties for businesses despite the existence of a common ?internal market? across the EU. Read Full Article

Introducing New Codes of Practice - Summer 2003

Industries seeking to raise the level of their customer service can now receive help from the Office of Fair Trading (OFT) in drafting codes of practice. The OFT has been given the role of approving and promoting business-to-consumer codes of practice in collaboration with trade associations and other industry bodies. Read Full Article

Ministers Kept Out of Merger Control - In Business Summer 2003

The vast majority of merger decisions will be taken out of the hands of ministers under changes introduced by the new Enterprise Act. Under Part 3 of the Act, which replaces the merger provisions of the Fair Trading Act 1973 (except those concerning newspaper mergers), the final say on merger decisions will largely rest with the Office of Fair Trading (OFT) and the Competition Commission (CC). Ministers will become involved only where there is a defined exceptional public interest (such as national security) and in newspaper cases. Read Full Article

New Partner for Furley Page - In Business Summer 2003

Corporate lawyer, Jeremy Licence, became a Partner on 1st May 2003, expanding the practice to 20 Partners. Read Full Article

Tax Efficient Commercial Property Purchase - In Business Summer 2003

For many businesses considering purchasing commercial property, it may be worth considering whether this property ought to be purchased through a Self Invested Personal Pension (SIPP). Read Full Article

All Change at the Top - In Business Spring 2003

Former head of Ernst & Young's Employment Law Unit, Rory O'Connor, has taken over as head of Furley Page's employment team. Read Full Article

Challenging Planning Consents - In Business Spring 2003

The importance of preserving the benefit of a planning permission is crucial to any developer. Those third parties that wish to object are able to seek judicial review of the consent assuming they have sufficient legal standing as an objector. However, there has been some doubt as to the time limits within which any application for review must be made. According to the court rules any application must be made promptly and in any event within three months from when the grounds for the application arose. Read Full Article

Company Law Update - In Business Spring 2003

The government has published a White Paper called ?Modernising Company Law?. The White Paper lays down the basic principles upon which legislation will be drafted. Read Full Article

Enhancing Enterprise - In Business Spring 2003

The Enterprise Act received Royal Assent on 7 November 2002. It covers a range of measures to enhance Enterprise through transforming our approach to bankruptcy and corporate rescue, strengthening the UK?s competition law framework, and empowering consumers. Read Full Article

London Lawyer for Furley Page - In Business Spring 2003

Rebecca Tinham joins our expanding Commercial Litigation Team having trained and worked for a City law firm. Read Full Article

Losing Your Most Valuable Asset - In Business Spring 2003

Despite insuring their premises, company cars and fixtures and fittings without question, many businesses fail to insure their most valuable asset; their people. By failing to do so, these businesses are often putting themselves in financial jeopardy. Read Full Article

Property Law - Reform of Business Tenancies - Spring 2003

Draft proposals before Parliament are likely to come into force in Autumn 2003. Read Full Article

Comment - Employment Law News Spring 2003

The seemingly endless flow of employment regulation continues. As we go to print, new rules on a range of issues come into force. Perhaps most highly publicised of these are the latest "family friendly" rights which we cover in a little more detail on pages 2 (concerning maternity, paternity and adoption) and 3 (the right to ask for flexible working arrangements for the purposes of childcare). Read Full Article

Focus on Consulting - Employment Law News Spring 2003

Hugh Horsford, Head of Personnel at Kent Institute of Art and Design, joins us in April. Read Full Article

Key Legislative Changes in 2003 and Beyond - Employment Law News Spring 2003

Employment Tribunal awards upper limits increased: statutory week's pay from £250 to £260; compensatory award for unfair dismissal from £52,600 to £53,500 Read Full Article

Maternity, Paternity and Adoption - Employment Law News Spring 2003

The Employment Act 2002 paved the way for a significant extension of rights in this area, as a much heralded part of the Government's introduction of family-friendly policies in the workplace. Now that subsequent regulation has developed the detail of these new and extended rights, employers will be keen to check that the HR processes they have in place are adequate to ensure compliance. Here is a brief update on some of the rights coming into effect from 6th April 2003. Read Full Article

New Flexible Working Regulations - Employment Law News Spring 2003

From 6 April 2003 employees will have the right to make a formal request for flexible working arrangements to enable them to care for their children. ?The Flexible Working (Procedural Requirements) Regulations 2002? and ?The Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002? have now been published and clarify how this new right will apply. Read Full Article

The Tip of the Flexible Working Iceberg? - Employment Law News Sring 2003

A cautionary word to employers: the new statutory right for parents to request flexible working is just a small piece of the legal jigsaw. Outside its narrow confines lies the broader domain of discrimination, in particular indirect sex discrimination under the Sex Discrimination Act. This may be more fertile territory for mothers seeking some latitude from ?normal' working hours etc. Where a woman is refused flexibility from some provision, criterion or practice (and this could very well relate to an aspect of the hours, time or place of her work) which is to the detriment of a considerably larger proportion of women than men, which is to her detriment and which the employer cannot show to be justifiable irrespective of sex, there is the basis of an indirect sex discrimination claim. Read Full Article

Where Are We With TUPE? - Employment Law News Spring 2003

For more than a decade now TUPE, the law protecting employees on the transfer of businesses, has not only been one of the hottest legal topics, it has had a correspondingly dramatic effect on commerce. This is particularly so in the area of service contracting. Read Full Article