red tape Archives - Goldenleaver
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When will employers who want to make redundancies have to consult on a collective basis? We don't know. But the European Court of Justice has been asked to consider the Woolworths case. So we still won't know for some time. The Court of Appeal has referred the case of USDAW v Ethel Austin Ltd  to the European Court of Justice. The case is more commonly known as "the Woolworths Case" and is potentially of great significance to any employer who may want to make...

Of all the issues that affect employers and individuals, the use of zero hours employment contracts was one that was particularly picked up on by, and debated, in the media last year. Are they one of the ways by which the UK has developed a flexible labour force able to avoid the levels of unemployment seen recently in some other European countries? Or are they (as Dave Prentis General Secretary of Unison has argued) "a return to the bad old days...

At the time of giving my talk, there was a hope that changes would be proposed to TUPE to make it more flexible and commercial, in particular to enable an employer, taking on new employees following a transfer, to harmonise the terms and conditions which pre-2014 changes, was not permitted. Fast forward to 2014 and The Transfer of Undertakings (Protection of Employment) (TUPE) Regulations 2013 will come into force on 31st January 2014. But will the changes make a difference? Will...

  Many fingers are being crossed in relation to the new employee shareholder rights that are coming in to force on 1 September 2013.  There is also a lot of uncertainty surrounding "who needs to do what" if the new employee shareholder status is going to work - either now, or in a way that it can be relied on when there is a parting of the ways between employees and companies. What is certain, however, is that the Government - which continues...

In coming to power the Coalition Government had set out clearly that they wished to review employment law to maximise flexibility and to ensure a competitive edge, in short, there was a very real appetite to reduce red tape in this area as it was perceived as 'choking' growth. At the end of 2011, the Department of Business, Innovation & Skills called for comment on the TUPE and redundancy consultation processes because, 'Employers have said during the Employment Law Review that the...

In January 2011 the Government introduced the "One-in, One-out" rule.  This required each £1 of additional cost imposed on business by new regulations or legislation to be matched by an equivalent saving.  Then in January 2013 it introduced the "One-in, Two-out" rule.  This requires each £1 of additional cost imposed on business by new regulations or legislation to be matched by double the saving.  Apparently the Government is also on track with its Red Tape Challenge. Those of us who are...

Shortly after being elected, the Coalition Government identified the reform of employment law and the workings of the employment tribunal system as a priority.  Its rationale is to reduce costs and red tape, so that businesses can be confident about recruiting and dismissing (where necessary) while growing, without the risk of costly (misconceived or mischievous) employment tribunal claims.  As part of this programme, on 14 September 2012 the UK Government issued 2 new consultation papers.  The consultation papers propose (1) new...