China: hiring and firing


  • Kim Wedral-Rooke from Taylor Vinters considers some key differences between the UK and China as regards recruitment and termination issues.
  • The intention is to give a flavour of some of the key issues/practical points which arise in China and which are materially different from the UK position.
 
 

Pay data: November 2014

Various research organisations have published data on average pay settlements for the three/four months to October 2014, and the pay picture both now and for the coming year remains largely subdued.
 
 

ACAS early conciliation: April - September 2014

ACAS has published its first half-year update on early conciliation covering the period April to September 2014.
 
 

Gender pay gap shrinks but so do real earnings

The average full-time pay gap between men and women has fallen to 9.7%. However workers’ real earnings fell to levels not seen in more than a decade - pay, when adjusted for inflation, was 1.6% lower this year than in 2013. These findings emerge from the provisional results of the Annual Survey of Hours and Earnings (ASHE) produced by the Office for National Statistics, the most detailed national survey of earnings, which looks at the state of play as at April 2014.
 
 

Timing for providing information under TUPE

Providing TUPE information only a few days before a transfer was not long enough to enable proper consultation. And a transferor should tell employee representatives of all the reasons for the transfer, not just some of them.
LLDY Alexandria Ltd v Unite the Union
 
 

India: hiring and firing

 

  • Kim Wedral-Rooke from Taylor Vinters considers some key differences between the UK and India as regards recruitment and termination issues. 
  • The intention is to give a flavour of some of the key issues/practical points which arise in India and which are materially different from the UK position.  
 
 

October 2014 inflation data

UK Consumer Prices index inflation rose in the year to October 2014 to 1.3%. The detailed figures are as follows:
 
 

Stricter corporate manslaughter penalties on the way?

The sentencing guidelines for corporate manslaughter and other health and safety offences are being reviewed in a consultation document - and tougher fines look to be on their way.
 
 

Pay data: August 2013 to July 2014

Pay deals are stuck at a midpoint of 2.5% according to an analysis of collective agreements in the 2013-14 pay round from the Labour Research Department.
 
 

Agency workers regulations: more record-keeping guidance

Following a review of the record-keeping requirements of the Agency Workers Regulations, the government has decided that more guidance is needed for hirers to explain what information employment agencies require from them and why.
 
 

Holiday pay includes overtime

The Employment Appeal Tribunal has ruled that ‘non-guaranteed’ overtime must be included in calculations of holiday pay under the Working Time Directive and that the Working Time Regulations can be interpreted to achieve this result. But the judgment significantly limits the scope for retrospective holiday pay claims under UK law. The government has announced that a taskforce will urgently review the impact of this decision.
Bear Scotland Ltd v Fulton
 
 

Keeping the contract alive: contractual notice and restrictive covenants

An employee who refused to work out his notice period and walked out on his employer because he had been offered a job by a competitor, was still employed and bound by covenants in his contract even though the employer no longer paid him.
Sunrise Brokers LLP v Rodgers
 
 
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Wednesday, 26 November 2014

Is your performance management system supporting or undermining an ethical culture?

The sale of PPI is an example of how target setting can create perverse incentives so that staff focus only on achieving results and don’t stop to think whether what they are doing is right. According to the Financial Conduct Authority, sales staff at Lloyds Banking Group were put under pressure to hit targets in order to get bonuses or avoid being demoted. This led to PPI policies being sold inappropriately. ‘Financial incentive schemes are an important indicator of what management values and a key influence on the culture of the organisation’, the FCA commented. The ‘ends’ did not justify the ‘means’. So far, banks have earmarked over £22bn to compensate the people wrongly sold PPI. Many companies suffer from cultures that put so much emphasis on profit that employees feel obligated to put short-term gain ahead of other considerations, such as ethical behaviour. The result can be catastrophic, both in terms of reputation and financial risk. 
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