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Read MoreEmployment Eye: News round-up - January 2013
One problem we never have at BB Towers is finding content for our monthly update, and this month is no exception. The Government has been busy publishing details of a major reforms to the TUPE Regulations; the Public Sector Equality Duty is set to change and new guidance is published; the latest employment tribunal statistics are out; and the Court of Appeal has handed down an important decision on discrimination compensation. We also have details of our series of client seminars on ‘lessons learned’ from the Mid Staffordshire Public Inquiry by Robert Francis QC, which is due to report on 6 February 2013.
Following on from its ‘Call for Evidence’ on the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) last year, BIS has launched a consultation on a major overhaul of the Regulations. The consultation closes on 11 April 2013 and, if the recommendations are supported, then it is anticipated that new legislation will be in place in October 2013. A summary of the key changes are set out below.
The Ministry of Justice has published quarterly statistics for employment tribunals.
Headline figures are
If you came to our Employment Law Update and Preview of 2013, held last December, you will know that we have been awaiting a decision from the Court of Appeal on how awards in discrimination claims should be divided-up between multiple respondents. The Court of Appeal has now made its decision in London Borough of Hackney v Sivanandan and others and has upheld the Employment Appeal Tribunal's decision: that where there are multiple respondents to a claim, an employment tribunal does not have the power to apportion liability for the award amongst the respondents. The only exception to this will be where liability can be clearly 'divided-up' between respondents - for example, if a progressive illness was caused by various respondents, the tribunal could ascribe liability for that part of the damage for which each respondent was responsible. However, in the normal course of events, concurrent discriminators will each be jointly and severally liable for the whole award made to the claimant. It will then be up to the respondents to decide how much they should each contribute to the award of compensation made to the claimant - leading, possibly, to further litigation between co-respondents.
The public inquiry into Mid-Staffordshire NHS Foundation Trust is due to report next month. Bevan Brittan LLP is hosting a series of seminars, at each of their offices, looking at lessons learned from the Inquiry, in terms of quality governance and interaction with, and between, commissioning, regulatory and oversight bodies.
The report, when it is published, will undoubtedly provide valuable learning across the entire health and social care sector and not just throughout the NHS. The precise content of the seminar will await publication of the Inquiry report, but the key topics which will be covered will be of significant interest to all those involved in workforce matters, including whistleblowing, employee engagement, organisational culture and Board governance.
The seminars will be held in:
Bristol on 20 February 2013
Birmingham on 26 February 2013 andPlease select one of the locations above to view more details and to register your interest in this event.
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