August 2012 Archive

Are your recruitment practices putting you at risk of a race discrimination claim?

Employers who, as a matter of company policy, refuse to consider job applications from individuals requiring work authorisation for the UK should be aware that such practices could expose them to claims of race discrimination. The employment appeal tribunal judgment in the case of Purohit v Osborne Clarke Services (2009) is a clear warning against the use of potentially discriminatory recruitment practices. Employers need to exercise caution when recruiting.

An expired contract – but no one’s noticed!

Where do you stand if the contract has “expired” but the services carry on nonetheless? Service contracts are often entered into for a fixed period of time. Usually towards the end of the period the parties will either discuss an extension, a new contract or simply agree that upon expiry they will go their separate ways. However, it can happen that a fixed period contract may simply expire without the parties noticing with the services continuing accordingly.

Dismissing employees

It is important that you take advice before dismissing an employee, because, if not handled correctly, an employee may bring a claim against you. Broadly, in order to be able to make a claim for unfair dismissal, an employee must have at least 2 years continuous service with the company if employed on or after 6 April 2012 (or 1 years’ service prior to this date) and be an employee working in the UK. There are some exceptions to this requirement meaning that in some cases, employees with less than the requisite service can make a claim.

CML’s repossessions forecast defended

The CML has failed to revise its repossession forecast downwards despite the continued steady quarterly fall. In response to press commentary questioning why its forecast of total repossessions of 45,000 for 2012 had not fallen, the CML gave a more detailed commentary on the position.
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