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Employer’s liability for employee’s violence

The Court of Appeal stresses that whether an employer will be vicariously liable for one employee’s violent actions towards another employee depends on whether there is a sufficiently close connection between what the employee is actually required to do and the violent action. Only if such violence can truly be said to be ‘in the course of employment’ will an employer be liable.
Weddall v Barchester Healthcare Ltd; Wallbank v Wallbank Fox Designs Ltd
 
 

Back-to-back fixed-term contracts and justification

Employing someone on successive fixed-term contracts continually to cover for various other staff taking family leave did not, in itself, breach EU law on fixed-term work, even though this cover continued for many years. A temporary need to replace permanent staff can amount to an objective reason justifying the use of such successive fixed-term contracts but that is up to the national courts to decide.
Kücük v Land Nordrhein-Westfalen
 
 

Pay data: January 2012

There has been little movement in average pay deals for the three months ending December 2011 according to five pay research organisations with deals stuck at around 2.5%. But private sector deals in early 2012 look as if they might be on the up.
 
 

RIDDOR changes confirmed

The period of incapacity that triggers an employer’s duty to report workplace injuries will increase from 3 to 7 days from 6 April 2012 as will the period within which the employer has to make that report, up from 10 to 15 days.
 
 

Graduate employment market looking a bit rosier

Employers are positive about their future graduate recruitment intentions according to the latest XpertHR survey of graduate recruitment despite the fact that they are still finding it hard to attract high-quality recruits. This follows a survey from the Association of Graduate Recruiters showing the first predicted rise in graduate pay for 3 years.
 
 

More rigorous data protection rules proposed

The European Commission wants to reform the law on data protection because it believes that individuals’ data protection rights and the powers of enforcing national authorities are not sufficiently harmonised across the EU. While the proposals will not become law for several years, they will undoubtedly impose significant new obligations on businesses.
 
 

Privacy and the Facebook Timeline

Facebook’s Timeline interface is currently been rolled out across all users whether they want it or not. Kim Walker, Data Protection Partner for law firm Thomas Eggar LLP, comments on the privacy implications of this for job seekers, employers and employees.
 
 

Sponsorship contract was not a contract of employment

A university sponsorship contract was not a contract of employment. A former apprentice who’d been sponsored by a company to do a degree had not been ‘dismissed’ when the company decided not to employ him when he withdrew from his course.
GE Caledonian Ltd v McCandliss
 
 

Graduate pay on the up in 2012

Graduate starting salaries are predicted to rise this year after an unprecedented period of stagnation, according to the Graduate Recruitment Winter Survey 2012 from the Association of Graduate Recruiters.

 
 

Revised timetable for pensions auto-enrolment

A revised staging timetable for pensions auto-enrolment has been published by the DWP. This follows the announcement in November 2011 that smaller employers were to get more time to prepare. Under the revised timetable, there will be no change to the staging dates of employers with 250 or more employees. All existing companies, regardless of size will have to have introduced auto-enrolment by April 2017, with any new companies by February 2018. See LawTracker and the Checklist – Automatic Enrolment and NEST for more details.
 
 

Middle managers are feeling the squeeze

UK middle managers are feeling the squeeze as a result of the economic downturn, according to the CIPD’s Winter 2011-12 Employee Outlook survey of 2,000 employees.
 
 

Executive pay reform

The government is to press ahead with reforms to executive pay. Announcing the new package of reforms Vince Cable said: ‘We cannot accept directors’ pay rising five times greater than average workers’ pay as happened last year ... there is evidence of a clear market failure’.
 
 
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Wednesday, 25 January 2012

Sickness Absence Review - it’s the economy stupid

Economic pressures, changes to employment law, and pensions auto-enrolment all present major challenges to HR professionals in 2012. As a result, you could be forgiven for overlooking the Sickness Absence Review (SAR), which was published by the Department of Work and Pensions in November 2011. Which is a bit of a shame, as this report could well be the first small step in tackling what is a huge problem for the government, employers and staff.
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As the new 2-year qualifying period for unfair dismissal rights will apply only to new hires after 6 April 2012, will this affect the timing of your 2012 recruitment?
 

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