[IER] News Brief 26/07/2013

Fri Jul 26 15:46:19 BST 2013

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IER News Brief 26th July 2013

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In the news this week

plans to introduce employment tribunal fees. Fox and Partners have secured a
legally-binding undertaking stating the government must pay back all fees to
claimants if they are found to be illegal, and Unison will have an oral
hearing on Monday.

The fees are just one of several employment law changes due to come in on
Monday 29 July 2013 and will see those with unfair dismissal,
discrimination, equal pay and whistleblowing cases charged up to £1,200 for
access to justice. 

Other changes are:

·         Compromise Agreements will be renamed Settlement Agreements

This week's news has underlined the Tory's ideological favouring of
businesses over workers, and the rich over the poor. Rabid right wingers
(and friends of top Tory brass) Policy Exchange has a new
<http://www.educationinvestor.co.uk/(A(mp-vaO6-zgEkAAAAZmJmNDkxOTQtZDk5OS00M
zhhLWIxMTEtYWMyMmI5NDZhYWEwQe6fus5GHMZbdbzVQE-bfRlhLuk1)S(q5xqeby0aymuqcbok1
z1jyzd))/ShowArticleNews.aspx?ID=3423&AspxAutoDetectCookieSupport=1> Head of
Education in the shape of Serco Director Jonathan Simons. Other Policy
Exchange officials have included a former Special Advisor to David Cameron
and a current advisor to Michael Gove.

In health and safety, campaign group Hazards has distributed shocking
information on G4S' choice of Health and Safety Manager for its Children's
Homes. David Beadnall, one of three G4S employees
<http://www.opendemocracy.net/ourkingdom/clare-sambrook/g4s-guard-fatally-re
strains-15-year-old-gets-promoted> involved in the death of a 15-year-old
boy nine years ago, has been given the position.

In brighter news, there has been some headway on the
<http://www.ier.org.uk/news/unison-secures-oral-hearing-judicial-review> two
attempts to hold Judicial Reviews on the government's 

·         Settlement Agreements will be inadmissable as evidence in unfair
dismissal claims.

·         New rules for employment tribunals will be applied - including the
encouragement of alternative dispute resolution solutions, the right of
judges to strike out weaker cases, and the combining of pre-hearing reviews
and case management discussions into a preliminary hearing.

·         The cap on unfair dismissal compensation awards will be reduced to
12 months' pay or £74,200 if a claimant's yearly salary is higher than that
amount.

 <http://www.ier.org.uk/resources/coalition-timeline> Coalition
Timeline.jpgWhat have we learned from the Coalition Timeline so far?

 <http://www.ier.org.uk/resources/coalition-timeline> Click here to explore
the timeline

		Text Box: Business appeals put ahead of workers' appeals
(25/07/13)

	Text Box: Trade union rights
BIS order weak ICO investigation of blacklisting (24/07/13)
Govt to appeal EAT decision in favour of union (24/07/13)
Health and safety

News and Debate

<http://www.ier.org.uk/news/govt-tries-appeal-eat-decision-usdaw-vs-woolwort
hs-found-favour-union> Logo.GIFGovernment tries to appeal EAT decision on
Usdaw vs Woolworths that found in favour of union

                        24 July 2013

The Department for Business, Innovation and Skills (BIS) is attempting to
appeal an Employment Appeals Tribunal (EAT) decision that sided with the
argument of the trade union involved.
<http://www.ier.org.uk/news/govt-tries-appeal-eat-decision-usdaw-vs-woolwort
hs-found-favour-union> Read more

 <http://www.ier.org.uk/news/mps-call-crossrail-blacklisting-investigation>
Logo.GIFMPs call for blacklisting investigation

24 July 2013

The Scottish Affairs Select Committee, which has been running an inquiry
into blacklisting in the construction industry, has called on the government
to launch an investigation into the practices of the Bam Ferrovial Kier
consortium (BFK) on the Crossrail project.
<http://www.ier.org.uk/news/mps-call-crossrail-blacklisting-investigationhtt
p:/www.ier.org.uk/news/mps-call-crossrail-blacklisting-investigation> Read
more

<http://www.ier.org.uk/news/unison-renews-legal-battle-against-et-fees-and-c
ourt-says-charges-must-be-repaid-if-illegal> Logo.GIFUnison renews legal
battle of ET fees, and court says charges must be repaid if illegal

                        25 July 2013

Public service union Unison plans to renew its legal challenge over the
introduction of Employment Tribunal (ET) fees, and a Scottish court has
instructed the government to pay back all ET charges if they are found to be
illegal.
<http://www.ier.org.uk/news/unison-renews-legal-battle-against-et-fees-and-c
ourt-says-charges-must-be-repaid-if-illegal> Read more...

 <http://www.ier.org.uk/news/unison-secures-oral-hearing-judicial-review>
Logo.GIFUnison secures oral hearing for Judicial Review

25 July 2013

The Institute of Employment Rights has been told that Unison's renewed
application for a judicial review against the introduction of Employment
Tribunal fees has been accepted.
<http://www.ier.org.uk/news/unison-secures-oral-hearing-judicial-review>
Read more...

<http://www.ier.org.uk/news/john-hendy-woolworths-decision-uk-failed-impleme
nt-eu-law> Logo.GIFJohn Hendy on Wooworths decision: the UK failed to
implement EU law

25 July 2013

Chair of the Institute of Employment Rights and go-to lawyer for the trade
union movement John Hendy QC has explained that the Employment Appeals
Tribunal (EAT) decision on the Woolworths collective redundancy process
brings UK law in line with the EU Directive it should have been following
all along.
<http://www.ier.org.uk/news/john-hendy-woolworths-decision-uk-failed-impleme
nt-eu-law> Read more...

<http://www.ier.org.uk/news/ier-releases-new-comparative-review-australianuk
-labour-law> Logo.GIFIER publishes Comparative Review of Australian/UK
labour law

26 July 2013

The IER has released a new Comparative Review authored by Australian
academic Anthony Forsyth, who analyses UK labour law under the Coalition
Government for an Australian audience.
<http://www.ier.org.uk/news/ier-releases-new-comparative-review-australianuk
-labour-law> Read more...

 <http://www.ier.org.uk/news/ier-submits-response-triennial-review-hse>
Logo.GIFIER submits response to the Triennial Review of the HSE

26 July 2013

The Institute of Employment Rights (IER) has submitted a response to the
Department of Work and Pensions' consultation on the Triennial Review of the
Health and Safety Executive (HSE).
<http://www.ier.org.uk/news/ier-submits-response-triennial-review-hse> Read
more...

Resources

Consultation Calendar

Consultation calendar.jpgKeep up to date with the latest consultation
launches and the responses to them with our Consultation Calendar.
<http://www.ier.org.uk/resources/consultation-calendar> Available on our
website

New consultation response -
<http://www.ier.org.uk/resources/response-triennial-review-health-and-safety
-executive> IER submits response to the Triennial Review of the HSE

Briefings

New comparative review of Australian vs UK labour law in difficult economic
conditions:
<http://www.ier.org.uk/resources/beyond-groundhog-day-can-productivity-and-f
airness-be-improved-without-further-labour-law-> Beyond Groundhog Day: Can
productivity and fairness be improved without further labour law reform?

Latest Publications

<http://www.ier.org.uk/publications/political-attack-workplace-representatio
n-legal-response> workplace rep cover.jpgThe political attack on workplace
representation - a legal response

This brand new publication from Professor Keith Ewing - President of the IER
- and Alan Bogg provides a legal response to the government's attempts to
quash union representation in the workplace through such policies as cutting
facility time.
<http://www.ier.org.uk/publications/political-attack-workplace-representatio
n-legal-response> Read more and order your copy

<http://www.ier.org.uk/publications/access-justice-employment-disputes-surve
ying-terrain> Access to Justice cover.jpgAccess to justice in employment
disputes: surveying the terrain

This collection of five essays by some of the UK's leading experts in
employment tribunals and disputes includes work by John Hendy QC, the go-to
lawyer for major trade union cases and the IER's Chair, and renowned
academic Linda Dickens MBE.
<http://www.ier.org.uk/publications/access-justice-employment-disputes-surve
ying-terrain> order your copy now.

<http://www.ier.org.uk/publications/justice-deferred-critical-guide-coalitio
ns-employment-tribunal-reforms> Justice Deferred a critical guide.jpgJustice
Deferred: a critical guide to the Coalition's employment tribunal reforms

Our most popular book of 2013.

There are still some copies of our popular publication Justice Deferred
left. Unions and branches are advised to buy in bulk to receive a per-book
discount.
<http://www.ier.org.uk/publications/justice-deferred-critical-guide-coalitio
ns-employment-tribunal-reforms> Read more and order your copy

Special Offers

· Agency Workers' Package

· Blacklisting in the Construction Industry

· Federation News: Meeting the Challenges of Age

· Public Interest Whistleblowing: Twelve years of the Public Interest
Disclosure Act

 <http://www.ier.org.uk/publications/special-offers> All for just £5 -
browse these books and order here

Events and Conference Papers

<http://www.ier.org.uk/events/employment-law-update-2013-ken-gill-memorial-f
und> ELU London cover website.jpgEmployment Law Update 2013

Wednesday 09 October 2013

Unison, 130 Euston Road, London

This is the ninth annual Employment Law Update Conference organised by the
Institute of Employment Rights held in association with old Square Chambers
and the North West TUC. It is a must-go-to event for anyone with an interest
in employment law and protection of collective and individual workers'
rights.

<http://www.ier.org.uk/events/employment-law-update-2013-ken-gill-memorial-f
und> Read more and book your place here

<http://www.ier.org.uk/events/employment-law-update-2013-ken-gill-memorial-f
und-0> ELU Liverpool cover.jpgEmployment Law Update 2013

Wednesday 06 November 2013

The Adelphi Hotel, Liverpool

This is the sixth annual Employment Law Update Conference organised by the
Institute of Employment Rights held in association with old Square Chambers
and the North West TUC. It is a must-go-to event for anyone with an interest
in employment law and protection of collective and individual workers'
rights.

<http://www.ier.org.uk/events/employment-law-update-2013-ken-gill-memorial-f
und-0> Read more and book your place here

 <http://www.ier.org.uk/events/tupe-update-new-regulations> TUPE Update
cover.jpgTUPE Update: The new regulations

Wednesday 23 October 2013

Unison, 130 Euston Road, London

Our TUPE experts - both legal and trade union - will unpick the details of
the new Regulations, including plans to abolish service change provisions,
limit the applicability of collective agreements, remove protection against
dismissal and more.

 <http://www.ier.org.uk/events/tupe-update-new-regulations> Read more and
book your place here

 <http://www.ier.org.uk/events/labour-migration-hard-times> Labour Migration
in Hard Times Cover.jpgLabour Migration in Hard Times

Wednesday 20 November 2013

The Diskus Room, Unite Building, Theobalds Road, London

This conference will look at the ways in which migrant workers are exploited
and the measures needed to better protect migrant workers in economic hard
times. The Institute, working with academics and other experts led by
Bernard Ryan formerly of the University of Kent and soon to be at the
University of Leicester, is publishing a new book about the plight of
migrant workers and this conference will launch this new publication.

             <http://www.ier.org.uk/events/labour-migration-hard-times> Read
more and book your place here

<http://www.ier.org.uk/events/%E2%80%98-conversation%E2%80%99-%E2%80%93-even
ing-event-dublin-lockout-learning-lessons-centenary-year> In Conversation -
Dublin Lockout.jpg

In Conversation: The Dublin Lockout: learning the lessons in the centenary
year

Wednesday 30 October 2013

University of Liverpool, Bedford Street South, Liverpool 

In the early 1900s many of Dublin’s residents lived in appalling slums. The
Irish TGWU struggled for better conditions which resulted in 300,000 workers
and 27 unions being locked out of their workplaces. What lessons can we
learn from this dispute and how does it inform our response to social
injustice in today’s society.

<http://www.ier.org.uk/events/%E2%80%98-conversation%E2%80%99-%E2%80%93-even
ing-event-dublin-lockout-learning-lessons-centenary-year> Read more and book
your place here

Conference papers for free download

Now available:

 <http://www.ier.org.uk/events/health-and-safety-work> Health and Safety at
Work 2013 London

 <http://www.ier.org.uk/events/health-and-safety-work-0> Health and Safety
at Work 2013 Liverpool

Our mailing address is:

Institute of Employment Rights

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office at ier.org.uk

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<http://www.ier.org.uk/events/employment-law-update-2013-ken-gill-memorial-f
und> ELU London cover website.jpg	

<http://www.ier.org.uk/publications/justice-deferred-critical-guide-coalitio
ns-employment-tribunal-reforms> Justice Deferred Publication cover.jpg	

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