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Legal Factsheets from Burnetts

Fixed term contracts and collective redundancies

By Aaron Lyons on .

It has long been established that when a fixed term contract expires, and the employee’s contract is not extended resulting in his or her dismissal, that the reason for that dismissal is the employee’s redundancy. 

It is therefore best practice to follow redundancy procedures when an employee, on a fixed term contract, is approaching the end of the fixed term contract: certainly if the period of employment under the fixed term contract has extended beyond a period of 12 months. 

When is Suitable Alternative Employment Not Actually Suitable?

By Hazel Phillips on .

The current economic climate has seen many employers looking at redundancy procedures in order to cut costs. It is well-established by case law that, even where the employer can show a real need to reduce staffing numbers due to a downturn in business, a failure to look for alternative employment within the organisation can make a redundancy dismissal unfair. 

Employment Legislation Update - February 2012

By Hazel Phillips on .

The Government plans to increase the qualifying period for employees to bring claims of unfair dismissal moved one step closer with the recent publication of the draft legislation on this issue.  Assuming that legislation does not alter massively in the next few months, employees who commence employment on or after 6 April 2012 will have to wait two years before they can bring claims for unfair dismissal.  Any employee who starts a job before 5 April 2012 will still be able to rely on the one year qualifying period.
 

The Cookie Monster

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We have looked at the changing picture with regard to cookies’ compliance in previous updates.  To recap, the rules have completely changed, so that consent is required, in almost all cases, where a cookie is to be set.

FOIA – “Post-Legislative Scrutiny”

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What on earth does this mean – you may ask!  In a recent speech, the Justice Minister Lord McNally explained “now that the Act has been in operation for nearly seven years it is right that it is examined to see how well it is operating”.  

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