Employment Discrimination Lawyers and Labor Law Lawyers

Lawyer’s erotic tales of life in Moscow ‘based on colleagues’
A high-flying lawyer sacked after she wrote an erotic novel based her fiction on colleagues, a tribunal heard today.
Employment Law Specialist

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Employment Legislation?

Does anyone know if there is any kind of legislation within UK law, concerning time taken off work by a woman who needs to attend a hospital appointment for a mommogram.
One of my friends had to go for one and now is being asked to make the time up at work, or her pay will be docked.
Could anyone shed some light on this for me please and if possible provide me with link for written proof so that I can print it off for her employers.
Thanks.

I am afriad most of these answers are right - there is no written legislation to cover this - it is down to the employer. Most companies will stipulate that wherever possible medical appointments should be made outside of working time - if your friend is a full time worker then this would be pretty much impossible however her employer is not obliged to give her the time off with pay. One option is her for her to claim back any extra time she has worked recently? Good luck to your friend.

Drafting Employment Contracts

I have been an agency temp for 3.5 years - is there any obligation to offer me a permanent position?

Through my agency I have worked for a Local Authority for 3.5 years in a substantiated post. I would like to have the benefits of full time employment, are there any employment laws that stipulate temps should be offered a contract after a certain period of time (in the UK).

The short answer is no.

If you want the benefits of a full time position, ask them or someone for such an opportunity.

UCC UNIFORM COMMERCIAL CODE, CANON LAW CORPORATE LAW COMMERCE UK and worldwide

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UK Employment Law question. Please see below?

Is their a UK Government Body or Department that protects Employees? I think my wife's Employer is conning his staff and I wondered who I could report them too. There is NO head office to refer it to and the person doing the conning (in my opinion) is the Employer himself. I've already tried ACAS and they weren't much use.

I had a wry smile to myself when I read your question; the husband of an otherwise satisfactory employee of mine drove me close to dismissing her based on the amount of time he was wasting sending letters about how she wasn't being treated properly and how he was going to report me to ACAS, the police and Trading Standards - the whole incident based on the fact that she'd made a mistake with her NI number and a request had been made to her to provide her NI card or a document with the number printed to prevent the mistake being repeated.

All that by way of saying that your wife is an adult and that, while it's laudable that you're trying to protect her, you really shouldn't be creating an atmosphere in her workplace that she'll have to deal with while you're remote in the background and safe from fallout. If she's being 'conned' then there are avenues which your wife can pursue, perhaps with your assistance if she asks for it.

XpertHR: New UK Government

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Good News!: Black Employment Picture Improved In October
*While African Americans continue to have the highest unemployment rate of any major population group, the overall situation appeared to have improved last month with Black unemployment falling from 16.1 percent in September to 15.7 percent in October. According to the monthly Labor Department report released on Friday, this improvement took place while the jobless [...]
Blackstone's Employment Law Practice 2010

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ECJ closes employee transfer loophole
Employees of a firm which is transferred to another company must retain their rights even if the company with which they had an employment contract does not transfer, the European Court of Justice (ECJ) has said.
LG Employers Employment Relations Podcast September 2010

Employment Law - Forced holiday?

Hiya

This really isn't an employment issue. This would be a contractual issue. You would have a very hard time fighting this and in the end, I can guarantee it would be more pain than what it is worth. Since he is offering you the same amount of paid time, I don't see a judge ruling in your favor despite what the contract says. You are still receiving the same paid time off. You didn't mention whether or not you disputed the bad weather paid vacation. If you have a documented dispute with your employer that states you disagreed with the extra paid week off, then you might have something. The fact that you accepted that extra week off will be construed as you agreeing to the new terms whether or not you verbally accepted it. Your act of not disputing the extra paid week off at the time will constitute acceptance of your summer week early. A contract isn't needed for that. Your boss would just need to prove that you willingly accepted the paid week with no dispute. Your lack of getting "the facts" and asking your boss how that week was going to be paid is your fault. Not your boss'. Consider it a change order, or amendment to your employment contract.

If you refuse to accept his interpretation, you can sue him, but what do you hope to gain? You technically are NOT losing anything. You are still receiving the same amount of paid days off. There is nothing to gain here. Take your one week and consider it a lesson for next winter.

Labor Day Vocabulary in American Sign Language DVD at EverydayASL.com

New Police Recruits Could Work For Nothing
Potential police officers in the UK's biggest force may be asked to work as volunteers for free for 18 months before being taken on.
Ignorant Landlords UK (Suzy Butler) 5

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Is an employment tribunal a court of law and subject to the laws of perjury etc.?

I am taking my former employer to tribunal for automatic unfair dismissal after he sacked me when we all volunteered to be laid off, rather than one of us agree to go. Now that he has received the papers, he has fabricated a story that genuinely has no truth whatsoever, even trying to say I accepted voluntary redundancy, despite him not making any redundancy payment. He has submitted this fantasy diatribe as his defence. Can he be prosecuted for perjury / perverting the administration of justice? I can disprove every word of his submission and he knows he has no chance of winning. Also, he has threatened my ex colleagues, both of whom are willing to attend, with the loss of their jobs, if they attend the tribunal to tell the truth!

When you and he give evidence it will be under oath so perjury will apply.

Make sure your case is watertight. Many a person goes into court / tribunal every day a winner and comes out a loser.

Incidentally, you do not have to employ a lawyer but if you do not your chances of winning are greatly reduced. The reason being that you need to know the 'law' as opposed to just thinking you have a good case.

Unfair Dismissal of West Gate Bridge Workers

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Compassionate holiday (UK) only please?

My wife's annual leave ran from April 1st 2007 to April 1st 2008 and she recieves only 10 days holiday a year as she is deemed as a part time employee. During her last leave year she had used up all her annual holiday but had to take compassionate holiday. It wasn't a case of swinging the lead it was the fact that our daughter was seriuosly ill.

As a mother she is entitled to unpaid compassionate leave from work

As they have decided it was holiday leave then she may have been misunderstood or they have made an error.

If she was paid for the leave then they assumed it was holiday leave regardless of the reasons for it or when it was taken. If they didnt pay her for it she should remind them that the leave was unpaid compassionate leave.

She should approach her employer about it to get it resolved

If you want more info on rights concerning workers leave then have a look at the ACAS website

Globalization; Challenges to the Equalization of Opportunities to the Disability Movement

INTRODUCTION

Human communities worldwide have tended to move gradually to develop closer associations over a long time. However, lately the speed of the movement appears to have considerably accelerated. For instance, the invention of the jet planes, the computer chip, and availability of electronic mail (email), cheap telecommunication services, huge but fast sea vessels, instantaneous financial transactions across national borders, all seem to contribute to the movement to make the globe even more mutually dependent than ever. The production and provision of branded goods and services by transnational corporations (TNCs) such as Coca- Cola, Colgate-Palmolive, Dulux Paints, Barclays Bank Gestetner, McDonalds, Kentucky Fried Chickens, Nandos, Dunlop, and Ford to name a few, marketed throughout the world, all seem to contribute to make the globe a more symbiotic place. The exchange of information and communication technological knowledge along with products and finances, ideas and cultures now seem to circulate more liberally. And this seems to be the current and future trend.

Globalization undoubtedly, appears to be one of the most prominent aspects of the present century. Consequently, laws, economies, and social engagements seem to now form at the global level. Professionals, politicians, intellectuals and journalists seem to treat the global trends as both predictable and generally welcome. And for some of the world's population, globalization has increasingly become a catchphrase or buzzword and may mean getting rid of the old ways of life and hostile livelihoods and cultures (Guinness, 2003).

However, signs of globalization of the past few decades are recent compared to at least four other major phases that appear to have shrunk the world throughout history. Historically, globalization can be viewed as having been signaled by;

• The cross-oceanic European voyages of discovery from 1492 to about 1565 (Guinness, 2003).
• The forced migration and translocation of Africans and Indians into slavery and indentured labour to the plantations in the West Indies.
• The massive human migration of the 1930 from Europe and Asia to the Americas (Ingstad and Whyte, 1995).
• The economic depression of the 1930s (Stiglitz, 2002).

 While each of these earlier episodes of globalization saw rapid growth in world economy, Guinness (2003), contends that they tended to exert a heavy human toll especially on the less economically developed nation states. In addressing the challenges and opportunities of globalization, there currently appears to be increasing global concerns with both the positive and negative impacts of this phenomenon on the local, national and international levels of developments in all spheres be they social, political, or economic (Priestley, 2001). Of concern in this essay, is the area of disability and how globalization has impacted on the challenges or opportunities for disabled people.

lthough Lauder, Brown, Dillabough and Halsey (2006) note that most researchers on globalization have tended to focus on particular aspects, globalization, however, appears to be multi-dimensional (Waters, 1995; Cheng, 2004). Hence, perceptions on the phenomenon tend to be varied and accordingly, the definitions of the term so far postulated, appear "fuzzy". And indeed Lauder et al (2006) observe that there is no agreed definition as yet because it appears globalization represents a process that is never ending and cannot be thought of as either cyclic or evolutionarily progressing from simple to complex.

 Indeed, with a new crop of writers such as Brown and Lauder (1996), Schirato and Webb (2003), Stiglitz (2002), Burbules and Torres (2000) and Bottery (2004), to mention a few, it appears a plethora of concepts which include, technological globalization, economic globalization and learning globalization, environmental globalization, demographic globalization, American globalization, (Nye, 2002) cultural globalization political globalization (Bottery, 2004) emerged, advancing new insights into the meaning of globalization. The list of the kinds of "globalization" appears endless and is on-going, as debate on the phenomenon continues to forge ahead. But according to Bottery (2004), some kinds of globalization are more pressing in their immediate effects than others. This paper examines and defines globalization from a general perspective and also explores how the globalization process has "pressed" on the creation of challenges and, or opportunities for disabled people worldwide. Other terms such as "disability" that are embedded within the globalization context will be defined as the discussion unfolds.

 What is globalization?

While the terms "globe" and  "global" appear to have been in English usage for over four centuries, the noun form "globalization" did not seem to be in common use until about 1960 (Guinness, 2003). According to Weekley (1967), in "An Etymological Dictionary of Modern English", the term "globalization" was first recognized in 1959 but remained dormant until the mid-1980s when its usage increased dramatically in academic language (Guinness, 2003). To some authors, the term seems to refer to the emergence of transnational organizations whose decisions tend to shape and constrain the policy options any particular nation state may wish to take (Burbules and Torres, 2000). To yet others, globalization may mean the "transition from national ‘walled' and regional economies towards global ‘free' trade and markets" (Lauder,et. al. 2006; 30). It may also, to yet others mean the impact of global economic processes that include production of standardized goods and services, consumption patterns and financial interdependence and "footloose" capital flows (Brown and Lauder, 1996). To still others, globalization means the appearance of new global cultural forms, media, information and communication technologies, which seem unrestricted by national borders (Held, 1991). It is perhaps, to political skeptics, where globalization can be viewed as a mental construct utilized by the state polity to garner support for or to squash opposition to reform resulting from mightier forces such as global trade competitions instigated by the World Trade Organization (WTO): or responses to structural adjustment programme (SAPs) demands of the Bretton Woods Institutes-the World Bank and International Monetary Fund) (Brown, 1999): or to obligations to fulfill agreements of intergovernmental organizations or regional economic blocs (Held, 1991) such as the European Union, The North American Free Trade Agreement (NAFTA), Economic Commission of West African States (ECOWAS), the Southern African Development Committee (SADC), or the Organization for Economic Co-operation and Development (OECD), that leave the nation state with no option but to play along an imposed set of global rules (Burbules and Torres, 2000).Guinness (2003; 3) posits that the nature of certain jobs tends to influence views when thinking of globalization. For instance, to Kofi Annan (the former United Nations Secretary General) globalization may mean "world inclusivity"; to depots and other like minded dictators, globalization may be perceived as meaning a threat to the national sovereignty of their nation states. While to Bill Gates of Microsoft Corporation, globalization may mean connecting the world virtually in cyberspace, by a world wide web. Thus, myriad views on globalization surfaced as the concept ignited across a wide range of intellectual interests with some views on the one end vilifying the concept and on the other, praising it (Stiglitz, 2002).

 The use and popularity of the term "globalization" may be partly due to its vagueness and ability to assume different dimensions depending on the user and context. Held and Koenig–Archibugi (2003) and Schirato and Webb (2000; 1) concur and describe globalization as a word that is often used to designate the global power relations, practices and technologies that characterize, and help to bring into being the contemporary world. Robertson (1992) defines globalization as a concept that refers both to the compression of the world and the intensification of consciousness of the world as a whole. Waters (2001), in coining his definition argues that the most appropriate way of defining globalization would be to predict what a totally globalized world would appear to be like in the future. Waters (2001) therefore, visualizes globalization as being characterized by a single global society with a single culture, where there are no territorial boundaries which, in that status quo, seem to exist in principle for organizing social and cultural life and where there could be high regard for tolerance, diversity and individual choice. Waters (2001) also views the flow of trade as well as migration of people and ideas across national and political boundaries, as being interlinked and thus, forcing previously homogenous cultures to rationalize each other. Thus, globalization can be perceived s a process that simultaneously differentiates and homogenizes and consequently "pluralizing the world by recognizing the value of cultural niches" (Guinness, 2003; 2). From this vantage therefore, Waters (2001) defines globalization as;

A process in which the constraints of  geography on economic, social and cultural arrangements recede, in which people become increasingly aware that they are receding and in which people act accordingly.

 To an extent, Waters' definition of globalization seems to concur with Stiglitz's (2002; 9) description when he says globalization is fundamentally,

The closer integration of countries and peoples of the world which has been brought about the enormous reduction of costs of transportation and communication, and the breaking down of artificial barriers to the flow of goods, services, capital , knowledge and …people across borders.

To Waters (2001), globalization, not only is it a major historical process that impacts heavily on culture but is also, a central focus of attention of modern culture and economy. He contends that globalization has a tendency to take issues from the centre levels to the periphery. For instance, through the speedy and continuous transmission of the "so-called" western culture to peripheral communities, And vice versa, globalization has also tended to bring issues, from peripheral levels to the centre. For instance, the area of disability to be discussed below, has been taken seriously onto the agendas of supra national institutions such as the United Nations, International Labour Organization The Bretton Woods Institutes and the World Health Organization or to organizations that have merged  with existing ones to function across borders. In this sense, it appears to me that the United Nations' programme of work on globalization is in response to the changing international context to promote effective development oriented disability policies and strategies.  Accordingly, the aim of the United Nations through various arms such as the World Bank, World Health Organization, World Trade Organization, to name a few, is to ensure that disability policies and strategies and globalization function together to improve the health, welfare and rights of the poor as well as the disadvantaged population (World Health Organization, 2005).

Disability as a global concept: Historical background and definition of disability.

Disability is one socio-cultural issue that appeared to have remained in the periphery but  has currently been brought to the centre of most global agenda. It is a term sometimes confused with two other terms "impairment and handicap. The terms "disability" "impairment" and "handicap" were often used interchangeably but in an unclear and confusing way, and may have tended to give poor guidance to policy-makers, for political action as well as for practical use. The terms used to be perceived from a medical and diagnostic angle (Shakespear, 2006).

 What is a Disability?

Disability is a phenomenon that exists in all societies and tends to affect predictable proportions of each population (Metts, 2004). Although there are a number of definitions in use to describe disability, disability largely depends upon context. And apparently, universally, it appeared there was no agreed definition of disability until 1980. Historically, disability was on the one hand, viewed as a medical condition, with a medical problem located within the individual. Hence, some definitions tended to reflect this understanding that disability was an individual pathology; i.e. a condition grounded in the physiological, biological and intellectual impairment of an individual (Shakespear, 2006). The medical definitions gave rise to the idea that people were "objects" to be "treated", "changed" or "improved" and made more "normal" (Wolfensburger, 1972). The medical definitions tended to perceive the disabled person as having to "fit in" rather than about how society itself should transform. They did not seem to adequately explain the relationship between societal conditions or expectations and the unique circumstances of an individual. (A diagrammatic representation of the medical model is shown in the figure below).

The Medical Model of Disability

 Disability can be viewed as a highly varied and complex condition with a range of implications for social identity and behaviour (Ingstad and Whyte, 1995). Therefore, a growing realization to articulate a definition of disability, which was in conformity with human rights values, principles and practices was needed. Whilst some disabled people may have medical conditions which impede them and which may or may not require medical treatment, current knowledge, technology and collective resources are already such that their physical or mental impairments need not prevent them from participating in community lives. According to Rieser and Mason (1990), it is society's unwillingness to employ these means to altering itself that causes disabilities. But, it seems at the centre of society, lies the values that respect the variation in human cultures and the appreciation that people are different on several considerations such as gender, race, class, sexuality, and disability (Lauder, et al, 2006; 29).

On the other hand , while the medical model seemed to be in vogue, it was challenged by disability activists who reconstructed disability as a social phenomenon (Shakespear, 2006). The social model of disability seems to draw a clear distinction between impairments, handicaps and disability, because society tends to ignore the imperfections and deficiencies of the surrounding environment which in turn tends to disable people by its failure to recognize and accommodate differences. And also, through the attitudinal and institutional barriers it erects towards people.  Disability thus seems to arise from a complex interaction between health conditions, the social context in which they exist and the individual. To some, disability is a relative term with certain impairments becoming more or less disabling in different contexts. The figure below of the social model of disability serves to illustrate the disabling forces at work where the 'social model' is applied.

 The Social Model of Disability

In 1980, the World Health Organization (WHO) classified the terms disabilities, impairments and handicaps, and suggested a universal, more precise and at the same time realistic approach to their definitions and use (Metts, 2004;3). The World Health Organization made a clear distinction between "impairment", "disability" and "handicap". However, there were concerns that the definition of the terms "impairment" and "handicap" may still be considered too medical and too centred on the individual, and may not adequately clarify the interaction between societal conditions or expectations and the abilities of the individual. Hence, the need to separate and clarify the meanings of these terms. By description, the term "disability" tends to summarize different functional limitations occurring in individuals anywhere in the world. People may be disabled by physical, intellectual or sensory limitations, medical conditions or mental illness. Such limitations or illnesses may be permanent or temporary (United Nations, 1993).

 The term "handicap" tends to mean the loss or limitation of opportunities to participate in the life of the community on an equal level with others (Ingstad and Whyte, 1995). It may describe the encounter between the disabled person and their environment. The term emphasizes the focus on the shortcomings in socially organized environmental activities; such as, access to information, communication technology, health services and to education, which prevent disabled persons from participating on equal terms with everybody else (Ingstad and Whyte, 1995). Although the term continues in use, its technical use was, according to Stone (1997) discarded by the United Nations in 1993. During the 1970s there had been a strong rejection among representatives of organizations of disabled persons and professionals in the field of disability of the term at the time (Ingstad and Whyte, 1995). The term "impairment" can be defined to mean "any loss or abnormality of psychological, physiological or anatomical structure or function" (WHO, 1980). The distinction and clarification of the terms "disability" and "impairment" and "handicap" seemed to perch the views on the medical and social models of disability in opposition to each other. This seemed to pave the way for a new and seemingly acceptable disability model framed along Human Rights. In the light of modern society values, it was a model, appealing to both advocates of equal rights and the United Nations (Shakespear, 2006).

 In 1975 the United Nations General Assembly made its first Declaration on the Rights of the Disabled Persons (Priestley, 2001). After the declaration, the United Nations proclaimed 1981 as the International Year of the Disabled Persons and commenced on the development of World Programmes of Action that led to the adoption of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities in 1994 (United Nations, 1993).  As a result of the experiences gained during the 1983-1992 Decade of Disabled Persons, in the implementation of the World Programmes of Action and of the general discussions that took place, there was a deepening of knowledge and understanding concerning disability issues and the terminology used. At the same time disability was more clearly defined (Priestley, 2001; Ingstad and Whyte, 1995). (Although multi-culturally, there still seemed to be problems in defining disability in a global context-for instance, how could imperfections of the body and of the mind be understood in different societies? Or how could a person's culturally defined identity be affected by one's disability? (Ingstad and Whyte, 1995). Hence, according to Haddad (2001), President of the Canadian Medical Association, the term, disability, tends to have various meanings depending on the context in which the term is used. However, for the purpose of this essay the World Health Organization (WHO) functional definition of disability shall be used. The World Health Organization definition of disability is framed on the model of the International Classification of Diseases and "because it attempts to categorize the consequence of disease, it includes a consideration of social contexts" and at the same time captures aspects of Human Rights (Ingstad and Whyte, 1995; 5). According to this classification, disability is defined as "any restriction or lack of ability to perform an activity in the manner or within the range considered normal for a human being" (Mett, 2004; 3)

 However many governments and organizations appear to have adapted this definition and developed legislation to suit their own social and economic situations as evidenced by the definitions from the following country examples. The Israeli Equal Rights for People with Disabilities Law of 1998 notes a person with a disability;

as meaning "a person with a physical, emotional or mental disability, including a cognitive disability, permanent or temporary, as a result of which that person's functioning is substantially limited in one or more the major spheres of life. (Wolfgang, Preiser & Ostroff, 2003).

 The United Kingdom Disability Discrimination Act of 1995 notes that "a person has a disability... if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities." (Department for International Development 2000).

 In the Zimbabwe Disabled Persons Act of 1992  which was enacted after the war of political liberation a "disabled person" means

a person with a physical, mental or sensory disability, including a visual, hearing or speech functional disability, which gives rise to physical, cultural or social barriers inhibiting him from participating at an equal level with other members of society in activities, undertakings or fields of employment that are open to other members of society (Government of Zimbabwe, 1992).

 Evidently, the few illustrations serve to show that the definition of disability seems to be framed along the individual circumstances and social contexts of particular nation states but also seems to imply an empowerment of disabled people through recognizing them along equality of rights.

 The global extent of disability

To measure national regional and local disability populations, let alone the global population is according to Metts (2004) almost impossible. There is therefore a wide variation in the estimated disability rates reported by the developed and developing countries (Thomas, 2005). Most United Nations agencies, use estimates developed by the Rehabilitation International in the 1970s and by the United Nations Development Programme (1997) that approximately ten percent of any given population are born with a disability or acquire one during their lifetime (Disability World, 2003). This however, appears to have changed over time because in the United States of America as Stone (1997; 4) observed, the prevalence of disability, is about twenty percent of the population. In developing nations and elsewhere, especially in Africa, the percentage appears to be a lot lower that ten percent. The Zimbabwe Inter-Censal Demographic Survey of 1997 conducted by the Central Statistical Office established that out of a population of about twelve million, 218 421 persons were disabled (Government of Zimbabwe 1997). This figure is less than 2% of the population but in the developed countries, the  percentages are higher. The SINTEF table below seems to give a sympnosis of the situation. This seems to be the trend globally. This is an irony, but not surprising, if the causes of disabilities were to be discussed. (Unfortunately this paper will not discuss these because it would be a detour from topic). However, at the global level, the United Nations note that the primary causes of disability are disease (51.2%e),  malnutrition (20%), accidents, war and trauma 15.6$% and other causes and aging 13.2%. (Metts, 2004).

 Apparently the variation in numbers in the different countries can also depend, to a large extent, on the definitions of disability used, which either expand or diminish the disability groups and also the difficulties in the data collection procedures and the different assessment systems used in the different countries. This may be a probable reason most data gathered by national governments of the developing states are perceived by organizations working in disability, as underestimating and downplaying the extent of disability in their countries. However, to me, it appears the research data may be representation of the real situation on the ground despite popular ‘western' wisdom that the contrary may be true. The census figures gathered by The Foundation for Scientific and Industrial Research (SINTEF) shown in the diagram overleaf seem to vindicate this representative scenario. The SINTEF report most probably reflects the correct perspectives in the light that the world seems to be experiencing a demographic evolution and also that the more sophisticated urban environments become, the more they tend to be disabling because they tend to erect barriers that limit or diminish human functioning; thus in a sense 'creating' disabled people (Harwood, Sayer and Hirschfield, 2004). (For instance a mentally challenged person in the unsophisticated agricultural farms of Africa is capable of productive activities in terms of demonstrating agricultural skills whereas if the same person were brought to an urbanized environment would become useless because the means of production in that situation differ and may present challenges to the individual)

Developed countries

Developing countries

Country

Year

%

Country

Year

%

Canada

1991

14.7

Kenya

1989

0.7

Germany

1992

8.4

Namibia

1991

3.1

Italy

1994

5.0

Nigeria

1991

0.5

Netherlands

1986

11.6

Senegal

1988

1.1

Norway

1995

17.8

South Africa

1980

0.5

Sweden

1988

12.1

Zambia

1990

0.9

Spain

1986

15.0

Kenya

1989

0.7

UK

1991

12.2

Zimbabwe

1997

1.9

Table 1; Prevalence (%) of disability in selected countries (The Foundation for Scientific and Industrial Research, SINTEF, 2004).

 Another research by The Foundation for Scientific and Industrial Research (SINTEF) research done in Zimbabwe seems to reinforce this assertion as it found higher disability rates in urban than in rural areas, suggesting that ‘complex societies in a sense produce disability'(Arne, Nhiwathiwa, Muderedzi, and Loeb, 2003).   

 In the developed countries there also appears to be an increased life expectancy because of improved medical technology and health care meaning that more people will reach old age and experience age related disabilities (Harwood et al, 2004). Today, demographic statistics indicate that there are approximately more than half a billion people with disabilities globally. The World Health Organization predicts a huge increase in the global population which is set to rise dramatically between 2000 and 2050.and consequently, a proportionate increase in the global number of people with disabilities (Harwood et al, 2004). It is forecast that over the period, the Indian Sub-continent could have an increase in population of approximately 120%, China, 70%, the Sub-Saharan Africa, 257% and Burkina Faso, Congo, Liberia, Niger, Somalia, Palestine, Uganda, could have a combined increase of over 400%. (Harwood et al, 2004).

 Disability in the Global Context

There is growing evidence that disability as an issue seems to have shifted significantly over the past few years from the periphery to the centre of the international human rights agenda (Mett, 2004;1), and also of numerous literature that disability policy agenda has risen to be a global policy issue (Barton & Oliver, 1987; Priestley 2001); and also that it has become a challenge to policy planners who map out development oriented policies and strategies for social and economic programmes for disabled people. The processes of globalization seem to be shifting not only the populations of person with disabilities but also their experience of disability. People with disabilities globally seem to be  empowering themselves to assert greater involvement and equality in global challenges affecting them. Such claims are not only about control over individuals' lives, but also about greater influence over the societies and economies within which they live (Swain, Finklestein, French and Oliver, 1993). Thus, the observance of the International Day of Disabled Persons ( IDDP) declared in 1982 and commemorated on 3 December tends to focus on the active involvement of disabled persons in the planning of strategies and policies that affect their lives. The annual observance of the day, with the slogan "Nothing about Us without Us," seems to offer an opportunity to foster changes in attitudes towards disabled persons to eliminate barriers to their full participation in all aspects of life (Stone, 1997; Rowland, 2001; Swain, et al 1993).

 The declaration of 1981 as the International Year of the Disabled Person (IYDP) further elevated disability onto the international human rights agenda (Priestley 2001). A major outcome of the International Year of the Disabled Persons was the formation of the World Programmes of Action concerning Disabled Persons, which the United Nations General Assembly adopted at its 37th regular session in 1982, by its resolution 37/52 (United Nations, 1982). Subsequent International Years were supposed to bring focus to a particular area and create new links and opportunities (Swain, et al. 1993).

 In Southern African countries like Malawi, Zimbabwe, Botswana, South Africa, the motto has been "Disability is Not Inability" (Salmonsson, 2006). This slogan and motto tend to rely on the principle of participation, and has been used by disabled people's organizations throughout the years as part of the global disability movement, to achieve the full participation and equalization of opportunities for, by and with disabled persons (Watermeyer, Swartz, Lorenzo, Schneider & Priestley (2006). Therefore, to disentangle the lived experience of disability from the social context of disabling societies at the local, national, and global levels appears impossible.

 Thus, the recognition of disabled people, to improve their lives has been demonstrated by the United Nations, as is implied in the active involvement of disabled persons in the on-going elaboration of the Convention on the Rights of Persons with Disabilities (United Nations, 2006), and in the Standard Rules for the Equalization of Opportunities for Persons with Disabilities (UNESCO, 1993). These conventions seem to have proved to be excellent examples of how the principle of full participation can be put into practice and how disabled people can contribute to the development of truly inclusive communities to shape a better future for all.

 The United Nations' establishment of the World Programmes of Action, led to the UNESCO Framework for Action of the World Conferences on Education for All held in 1990 in Jomtien (Thailand), The Salamanca Statement and Framework for Special Needs Education (UNESCO, 1994) and the Dakar Framework on Education for All  (UNESCO, 2002). To demonstrate the importance of placing disability on the global level, more than one hundred and fifty-five countries from all over the world were represented by leaders of government, international agencies, non-governmental organizations and professional bodies who committed themselves to recognizing the education of all disabled individuals, attended the Jomtiem conference (Ndawi, 1997). The Dakar World Education Forum conference, in April 2000 attracted more than 1,100 participants from one hundred and sixty four countries (UNESCO, 2002). Participants ranged from teachers to prime ministers, academics to policymakers, non-governmental bodies to the heads of major international organizations. They adopted the Dakar Framework for Action, Education for All (UNESCO, 2002). The Dakar Conference was complemented by earlier conferences which all addressed issues related to the challenges and empowerment of disabled people. These were namely, the Sub-Saharan Conference on Education for All held in South Africa in 1999; Asia and Pacific Conference on Education For All held in Bangkok in 2000; The Arab Regional Conference on Education for All held in Cairo; The Third Inter-Ministerial  Review Meeting on the E-9 Countries held in Recife, Brazil; Conference on Education for All in Europe and North America held in Warsaw, Poland in 2000 and The Regional Education for All Conference in the Americas held in Santa Domingo, Dominican Republic in 2000 (UNESCO, 2002).

 GLOBAL DISABILITY CHALLENGES TO THE EQUALIZATION OF OPPORTUNITIES

It appears disabled people are most challenged in four fronts, namely, by poverty, wars, access to education and work.

Poverty

With the disability policy agenda having reached the highest levels of global recognition, globalization seems to have constructed a universe that offers endless opportunities and new life patterns to all; for instance easy access to education, information and technology, health and social amenities and etcetera. But, according to Ghai (2001), the paradox is that on the one hand, globalization places emphasis on economic power to improve the livelihood of mankind but on the other, methodically marginalizes certain groups of people, in particular disabled people by its use of modern technology and its removal of these people from participating to contributing to the gross national product of individual nation states. And in this way, globalization seems to have created challenges to the equalization of opportunities to disabled people. More so, the apparent disparity in economic, social and technological developments between the different nation states has led globalization to seem to have a different meaning for disabled people and to challenge them differently in the different communities (Ghai, 2001); with some communities wealthier than others. Poverty seems to be afflicting the half a billion disabled people or so in the world today, According to Ghai (2001), more disabled people seem to be suffering on every continent, perhaps more than ever before. Most of them are on the lowest end of the socio-economic scale (Beresford, 1996; Frieden, 2002).

 Consequently, disabled people have tended to be more vulnerable to, their incapability to combat poverty, exclusion, stigma and lack of access to basic education and services. Disabled people seem to experience poverty more intensely but have fewer opportunities to escape from it. A former President of the World Bank observed this and asserted that "unless disabled people are brought into the development mainstream, it will be impossible to cut poverty by half by 2015..." (Richler, 2005, 37). Hence, according to Beresford 1996), combating global poverty is a key issue in the disability movement.

 Wars and political upheavals

Another aspect that appears to challenge the equalization of opportunities for disabled people is war and its associated political upheavals (Priestley, 2001). As Driedger (1987) observed, war and political upheaval have had adverse effects on disabled peoples' lives and their rights seem grossly violated in war times anywhere in the world; effectively excluding them from participating in the social and capital capacity building of affected nations. Priestley (1987) also notes that wars have resulted in millions of disabled refugees and displaced persons in and around war tone zones. Supposedly, in Central Africa, the Middle East, and Afghanistan and in Central America, war is perceived as a major cause of disability. War landmines have also massively contributed to causing disability of various sorts and thus the achievement of peace has become a global disability issue. The European Union's commitment to eradicate landmines on a global scale seems illustrative, but the role of the United Nations in this matter appears "invisible".

 In a speech to the European Union parliament, the European Union's Commissioner for External Affairs noted that one hundred and forty four countries have so far ratified the Mines Ban Treaty (Waldner, 2005). Numerous other summits have been held to discuss the reduction of the number of people either killed or maimed by landmines. Waldner conceded that the annual number of landmine victims has dropped from 26 000 to below 15 000 (Waldner, 2005). The Disabled Peoples International (DPI, 1998) took issue with this matter at their World Assembly in 1998 in Mexico City and a subsequent visit by the DPI World Council to Hiroshima, the site of the Second World War atomic bomb, resulted in the International Peace Declaration by the global disability organizations.

 However, war and political upheaval have ironically also, had a positive impact on the lives of disabled people. In countries where there were revolutions such as Vietnam, Kenya, Zimbabwe, South Africa, Namibia and Nicaragua, Ingstad and Whyte (1995) and Montero (1998), observe that disabled people, in the process were venerated and  "practically considered national heroes and were given all the opportunities possible to develop and strengthen their organizations", and to access funding, education, jobs, and other services. War veterans seemed to experience disability in positively very different ways as compared to those disabled before the revolutions.

Work

For many disabled people, the demand for access to work may be perceived as a major signifier of independent adulthood and a crucial component to the struggle for equality. Yet, as Priestley (2001; asserts, disabled people globally "continue to be disproportionately unemployed, underemployed and underpaid…"  This assertion is reflected in, for instance in the focus of the British Government's proposal to tackle oppression of disabled people on the work place (Barton and Oliver, 1997). The British Government cut back on the Access to Work scheme and the disabled people's organizations fought that decision asserting that the right to a job is a fundamental human right (Barton and Oliver, 1997). Such challenges for access to jobs by disabled people appear to have become common in many countries. Hence in 1983, the International Labour Organization adopted a Convention Concerning Vocational, Rehabilitation and Employment (Disabled Persons) (ILO, 1983) to ensure equality of opportunities and equalization of treatment of disabled people at work and social integration. However, despite much effort at the global level to include disabled people in the work world, at the local level, some would continue to be excluded by their impairments because some tend not to be capable of producing goods or services to contribute to the social and economic capital base. To this, Barton and Oliver (1997;35) comment that this is so "because in any society........certain products are of value and others are not regardless of the efforts that go into their production."

 Education

Education occupies a unique position in modern society today because it tends to benefit both society and the individual as it is considered a public good (Psacharopoulos and Woodhall (1985). The advances in knowledge and scientific understanding seem to strengthen the optimism that society holds of education (Lauder et al.2006). Education offers optimism to influence the well being of people and nation state because according to Lauder et al. (2006), education is perceived by almost all people as the means by which to improve individuals' lives and an understanding of their place in the world.

.Typically, therefore, as global market trends and technologies continue to develop in new pathways, education tends to become commdified and free access to education seems to also become even more important for everyone. However, disabled people seem to continue to be challenged in their quest to access educational opportunities available. In their zeal to acquire knowledge and skills needed in the evolving world of work, Peters (1996) notes that the inequitable access to educational benefits results in the inaccessibility to work; thereby propelling further the creation of an impoverished community. In some societies, for instance the Pakistani, disabled girl children education is not considered important (Shah, 1990). And from a personal viewpoint, it appears this perspective is in existence among some religious communities in Southern Africa. Such barriers to access to education challenge many disabled people and compel them to be dependant upon their families in many countries (Priestley, 2001). In addressing these matters, the United Nations, through the various protocols such as the Salamanca Statement, the Dakar Framework, the Jomtien Conference and others, seeks to

Ensure equal educational opportunities at all levels for children, youth and adults with disabilities in integrated settings, taking into full account of individual differences and situations (World Summit on Social Development, Commitment 6, item f, 1995).Consequently, at the national level, governments the world over have had to formulate legislation and initiatives consistent with the vision of the United Nations.

However, in most African States, these policies and legislation were absent and a concerted effort was made to put them in place through the African Unions'   Continental Plan of Action which is aimed at implementing priority activities on disability during the African Decade of Persons with Disabilities (1999-2009) (Secretariat of the African Decade, 2004). In order to create an equitable society in Africa, the Secretariat of the African Decade facilitates the development of highly progressive policies and legislation, which if properly used, can over periods drastically reform the social disadvantages experienced by all disabled persons. For example, Ghana adopted the Free, Compulsory and Universal Basic Education (FCUBE) (Sawyerr 1997), initiative in line with this United Nations vision. In Zimbabwe, the Basic Education Assistance Module (BEAM) was initiated cognizant of the same vision. The USA initially passed Public Law 92-142 (PL 92-142) Education for All Handicapped Persons Act (Gearheart, Weishahn and Gearheart, 1982). Then in 1975, the American Congress enacted the Individuals with Disabilities Education Act (IDEA) from which initiatives like the "No Child Left Behind" (NCLB) (Astoria 2007), were born. In the United Kingdom, the "Every Child Matters" Green Paper (The Stationery Office, 2003) is similar in principle to the American IDEA. 

 Several nations have put in place similar protocols to deal with equalization of educational opportunities to all people in their systems. To emphasize this, the United Nations Copenhagen Declaration on Social Development included specific pledges on equal educational opportunities for disabled children and young people. (World Summit on Social Development 1995).

A PERSONAL THOUGHT

It may be naïve to conclude that globalization alone has caused the challenges experienced by disabled people, or that nothing can be done to improve the equalization of opportunities in their situations. In real essence, it appears; the less developed countries have not been able to integrate disabled people within the global economic and social development as quickly as others, partly because of their chosen policies and partly because of factors outside their control such as imposed economic structural adjustment programmes (SAPs), debt burden caused by the Bretton Wood Institutes and wars and conflict. In my opinion however, it appears no nation state, least of all the poorest, can afford to remain isolated from the global social and economic capacity building initiatives. Every country should seek to provide for the needs and access to the basic services of all its citizens in order to reduce challenging situations and to increase equal opportunity initiatives to ameliorate suffering among its disabled people populations.  The self organization of disabled people into groups seems to raise their values and voices, and is also a fundamental right that disabled people should continue to exercise. Through globalization principles, the international community should endeavour to invest in disabled people. On economic grounds, investment in disabled people is justified as long as the consequential capital investment does not exceed the cost of benefits derived.  .

CONCLUSION

In conclusion, this essay discussed the concepts of globalization and disability. Descriptions and definitions of both terms were made. Within the globalization concept, disability was discussed. Then a historical framework of disability in the global context was suggested. It seems definitions of disability vary across communities. The challenges that face disabled people in their zeal to achieve full independence in the control of their lives and to contribute to the social and economic capacity were also highlighted. However, as globalization progresses; living conditions seem to improve significantly in virtually all countries. But that the economic disparities between developed and less developed countries seem to have grown wider and wars and political upheaval as well the incapability of escaping from poverty are matters of concern that seem to affect the majority of disabled people. The number of the world's citizens who are in poverty seems disturbing- let along among the population of the disabled people.

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About the Author

Partson Musosa Phiri is a candidate for the Ed. D degree in Policy and Values at the University of Hull(UK).He also holds M.Ed. from the same University. Additionally, Partson M. Phiri also holds the following qualifications: B. Ed. (Planning and Policy)(U.Zim); Dip.Ed (Special Education); Cert.Ed. He won scholarships from the following bodies:. Canon Collins Education Trust for Southern Africa,                               Joint Japan World Bank Graduate Scholarship Programme Wakeham Trust, All Saints Educational Trust        

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Are disabled people protected against individual, informal verbal discrimination?

I was wondering whether the law, in the UK, protects people with disabilities from being discriminated against on a personal and individual basis.

just goes to show that an idiot is an idiot is an idiot. regardless of there personal situation. Do not generalise personal attacks on yourself to the whole disabled community. its the sign of an idiot. my advice is to never speak your vile nonsense again.

we are working very hard to educate people about disabilities and having a lot of success. but every now and again an idiot turns up and tries to show themselves as some self appointed spokesman for the disabled.

My advice to you is try to realise that its not your body that crippled but your mind and you should try to place yourself in front of a moving lorry at your earliest convenience.

lastly there is a reason that every comment is negative but i am sure that you would never see that.

against idiot

Too Old to Work | Age Discrimination | Channel 4

Can I purchase a firearm in PA?

I was a born resident of PA and I moved to NY state for employment. I recently moved back to PA to my parents house but I still have a NY id. I plan on changing it back to PA eventually but I want to buy a firearm now before Obama modifies the laws. I also have a passport stating I was born in PA. Could I use the passport as an ID for purchasing a firearm in PA?

It doesn't matter where you were born, it matters where you are considered a legal resident right now. You have to be living in a state for at least one year before you can be considered a resident. That doesn't really matter though, because NY state residents can buy firearms in PA.

If there's some sort of special restriction on it because it's considered an assault weapon in NY then I would just say have your parents (or someone else you know) buy it and then once you become a PA resident you can buy it from them (they'll be grandfathered in and private sales can't be restricted).

Moving Forward on a New Foundation

Fradulent Activity by Los Angeles Bankruptcy Attorneys, Lawyers and Law Firms

***Avoid fraud by unethical bankruptcy attorneys in the Los Angeles Metro area. If you need a pre-screened bankruptcy attorney, you must call a CALBAR approved lawyer referral service by calling 661-310-7999 or by visiting 1000Attorneys.com ***

San Fernando Valley: There have been many reported incidents in the San Fernando valley about unethical business practices by bankruptcy attorneys.

Specifically, these offices are violating rule 1-400 which prohibits lawyers from paying commissions to people who generate leads of potential clients. Moreover, these agents cannot act in behalf of any attorney to offer their bankruptcy services.

Anyone giving bankruptcy advise MUST be licensed with the California Bar Association.

Rule 1-400 from the California Bar Association clearly states:

(A) For purposes of this rule, "communication" means any message or offer made by or on behalf of a member concerning the availability for professional employment of a member or a law firm directed to any former, present, or prospective client, including but not limited to the following:

(1) Any use of firm name, trade name, fictitious name, or other professional designation of such member or law firm; or

2) Any stationery, letterhead, business card, sign, brochure, or other comparable written material describing such member, law firm, or lawyers; or

(3) Any advertisement (regardless of medium) of such member or law firm directed to the general public or any substantial portion thereof; or

(4) Any unsolicited correspondence from a member or law firm directed to any person or entity.

(B) For purposes of this rule, a "solicitation" means any communication:

(1) Concerning the availability for professional employment of a member or a law firm in which a significant motive is pecuniary gain; and

(2) Which is:

(a) delivered in person or by telephone, or

(b) directed by any means to a person known to the sender to be represented by counsel in a matter which is a subject of the communication.

(C) A solicitation shall not be made by or on behalf of a member or law firm to a prospective client with whom the member or law firm has no family or prior professional relationship, unless the solicitation is protected from abridgment by the Constitution of the United States or by the Constitution of the State of California. A solicitation to a former or present client in the discharge of a member's or law firm's professional duties is not prohibited.

(D) A communication or a solicitation (as defined herein) shall not:

(1) Contain any untrue statement; or

(2) Contain any matter, or present or arrange any matter in a manner or format which is false, deceptive, or which tends to confuse, deceive, or mislead the public; or

(3) Omit to state any fact necessary to make the statements made, in the light of circumstances under which they are made, not misleading to the public; or

(4) Fail to indicate clearly, expressly, or by context, that it is a communication or solicitation, as the case may be; or

(5) Be transmitted in any manner which involves intrusion, coercion, duress, compulsion, intimidation, threats, or vexatious or harassing conduct.

(6) State that a member is a "certified specialist" unless the member holds a current certificate as a specialist issued by the Board of Legal Specialization, or any other entity accredited by the State Bar to designate specialists pursuant to standards adopted by the Board of Governors, and states the complete name of the entity which granted certification.

(E) The Board of Governors of the State Bar shall formulate and adopt standards as to communications which will be presumed to violate this rule 1-400. The standards shall only be used as presumptions affecting the burden of proof in disciplinary proceedings involving alleged violations of these rules. "presumption affecting the burden of proof" means that presumption defined in Evidence Code sections 605 and 606. Such standards formulated and adopted by the Board, as from time to time amended, shall be effective and binding on all members.

(F) A member shall retain for two years a true and correct copy or recording of any communication made by written or electronic media. Upon written request, the member shall make any such copy or recording available to the State Bar, and, if requested, shall provide to the State Bar evidence to support any factual or objective claim contained in the communication.

[Publisher's Note: Former rule 1-400 (D)(6) repealed by order of the Supreme Court effective November 30, 1992. New rule 1-400 (D)(6) added by order of the Supreme Court effective June 1, 1997.]

Standards:

Pursuant to rule 1-400(E) the Board of Governors of the State Bar has adopted the following standards, effective May 27, 1989, unless noted otherwise, as forms of "communication" defined in rule 1-400(A) which are presumed to be in violation of rule 1-400:

(1) A "communication" which contains guarantees, warranties, or predictions regarding the result of the representation.

(2) A "communication" which contains testimonials about or endorsements of a member unless such communication also contains an express disclaimer such as "this testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter."

(3) A "communication" which is delivered to a potential client whom the member knows or should reasonably know is in such a physical, emotional, or mental state that he or she would not be expected to exercise reasonable judgment as to the retention of counsel.

(4) A "communication" which is transmitted at the scene of an accident or at or en route to a hospital, emergency care center, or other health care facility.

(5) A "communication," except professional announcements, seeking professional employment for pecuniary gain, which is transmitted by mail or equivalent means which does not bear the word "Advertisement," "Newsletter" or words of similar import in 12 point print on the first page. If such communication, including firm brochures, newsletters, recent legal development advisories, and similar materials, is transmitted in an envelope, the envelope shall bear the word "Advertisement," "Newsletter" or words of similar import on the outside thereof.

(6) A "communication" in the form of a firm name, trade name, fictitious name, or other professional designation which states or implies a relationship between any member in private practice and a government agency or instrumentality or a public or non-profit legal services organization.

(7) A "communication" in the form of a firm name, trade name, fictitious name, or other professional designation which states or implies that a member has a relationship to any other lawyer or a law firm as a partner or associate, or officer or shareholder pursuant to Business and professions Code sections 6160-6172 unless such relationship in fact exists.

(8) A "communication" which states or implies that a member or law firm is "of counsel" to another lawyer or a law firm unless the former has a relationship with the latter (other than as a partner or associate, or officer or shareholder pursuant to Business and professions Code sections 6160-6172) which is close, personal, continuous, and regular.

(9) A "communication" in the form of a firm name, trade name, fictitious name, or other professional designation used by a member or law firm in private practice which differs materially from any other such designation used by such member or law firm at the same time in the same community.

(10) A "communication" which implies that the member or law firm is participating in a lawyer referral service which has been certified by the State Bar of California or as having satisfied the Minimum Standards for Lawyer Referral Services in California, when that is not the case.

(11) (Repealed. See rule 1-400(D)(6) for the operative language on this subject.)

(12) A "communication," except professional announcements, in the form of an advertisement primarily directed to seeking professional employment primarily for pecuniary gain transmitted to the general public or any substantial portion thereof by mail or equivalent means or by means of television, radio, newspaper, magazine or other form of commercial mass media which does not state the name of the member responsible for the communication. When the communication is made on behalf of a law firm, the communication shall state the name of at least one member responsible for it.

(13) A "communication" which contains a dramatization unless such communication contains a disclaimer which states "this is a dramatization" or words of similar import.

(14) A "communication" which states or implies "no fee without recovery" unless such communication also expressly discloses whether or not the client will be liable for costs.

(15) A "communication" which states or implies that a member is able to provide legal services in a language other than English unless the member can actually provide legal services in such language or the communication also states in the language of the communication (a) the employment title of the person who speaks such language and (b) that the person is not a member of the State Bar of California, if that is the case.

(16) An unsolicited "communication" transmitted to the general public or any substantial portion thereof primarily directed to seeking professional employment primarily for pecuniary gain which sets forth a specific fee or range of fees for a particular service where, in fact, the member charges a greater fee than advertised in such communication within a period of 90 days following dissemination of such communication, unless such communication expressly specifies a shorter period of time regarding the advertised fee. Where the communication is published in the classified or "yellow pages" section of telephone, business or legal directories or in other media not published more frequently than once a year, the member shall conform to the advertised fee for a period of one year from initial publication, unless such communication expressly specifies a shorter period of time regarding the advertised fee.

(Amended by order of Supreme Court, operative September 14, 1992. Standard (5) amended by the Board of Governors, effective May 11, 1994. Standards (12) - (16) added by the Board of Governors, effective May 11, 1994. Standard (11) repealed June 1, 1997)

About the Author

To find pre-screened attorneys in the Los Angeles area call 661-310-7999.

Certified by the California Bar Association (Certification # 0128), 1000Attorneys.com is a single point of contact to find pre-screened attorneys in Los Angeles, California. The lawyer referral program complies with rules and regulations set forth by the Bar and the Supreme Court to provide unbiased lawyer referrals to Los Angeles residents

Fred Klein

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PHUKET: A sea rescue course for 40 volunteers and government officers is underway at the Department of Disaster Prevention and Mitigation (DDPM) training center in Phuket.
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UK employment law,?

i gave notice to my current employer after accepting a new job and signing a contract but now i have been told im not wanted by my new employer, where do i stand i freely left my old job so i cant claim JSA, can i sue new employer for unfair dismissal

I don't think so. But if you have some sort of letter from the nearly new employer this will help. Luck.

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Didn't get paid for working.?

So this is going to sound a little silly and a lot naive. I am from the United States and studied abroad at a university in Kingston upon Thames. When school finished I had a lot of free time so I then decided to get a side job at a pub. I set up a student account with Barclays and forwarded my deposit information to my manager. I worked roughly 90 hours before I had something to leave to go back to the states for a family emergency. I gave a weeks notice before my departure but still hadn't received my first pay check. Assuming it would be deposited to the account in which I set up because I didn't know as much as a should have known about payment and employment laws in the UK. After returning to the states I wasn't able to open my account to check the funds available because of lost log in information. Long story short, I finally am able to access the account online and have come to find I was never compensated for the time spent working. What do I do?

Most employers in the UK do pay directly to bank accounts and if they have your bank details, it is reasonable to assume that they should pay directly to your bank.

I guess what you should know, based on what you have written above, is:

- They have to pay you for every hour that you worked, even if you hadn't given any notice at all, and they should also pay for any annual leave which you had accrued but not yet taken

- They are only obligated to pay you on their normal pay day, which may be some time after you finish depending on how often they pay (e.g. a company which pays monthly could potentially pay you your final pay about four weeks after you actually leave, if that is when pay day happens to fall). However, I would imagine a pub would be more likely to pay weekly so there shouldn't be such a long delay

- Depending on how payroll works in that particular organisation, it could be possible that you would not get paid in your first month at all (you then get paid twice in your second month). For example, in my organisation, pay day is the last day of the month. But the deadline for managers to submit information to payroll is the first of the month. So, if you happened to start work on 2 May, you would be too late to have your details added to payroll for payment at the end of May, and you would receive your first payment at the end of June, when you would be paid for both May and June

So, all of this explains why there could potentially be a delay, but you don't say exactly how long you have been waiting. If you think it has been an unreasonable amount of time, then I would suggest that your first step would be to contact the pub directly. Remember there could be a perfectly innocent explanation - maybe they just took your bank details down wrong!

The next step, if that fails, would be to contact ACAS (see link below), who are an organisation who can help employees if they have disputes with their employer. They may advise, though, that since you are not in the country, it is not feasible for you to proceed with the next step, which would be taking the employer to a tribunal.

If/when you finally do get paid, make sure you get your pay slips! You will be entitled to claim back any tax which you have paid if you don't plan to return to the UK during this tax year (which ends in March 2010).

Stumpy - why do you assume that she was working illegally? It is perfectly legal for university students who are here on a student visa to take on part-time work, regardless of their country of origin.

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A guide for businesses employing staff in Spain

There comes a time in the life of any business, perhaps at its inception, when the owners have to take on staff to deal with demand.  If your business is in Spain you will find that wage rates are still lower than in many European countries but also that the bureaucracy can be more burdensome and the risks greater because of a certain amount of inflexibility built into a system that strongly favours employee rights.

Basic information on Spain employment law

• Employees must have employment contracts from their first day of employment

• Pay and conditions are set by “Convenios Colectivos” in different sectors and regions e.g. hotel and catering trade workers in Granada province.

• There are a variety of contract types but essentially the choice is between offering a fixed term contract or a permanent contract.  Contracts can also be tiempo completo (full time being usually 40 hours) or parcial (part time).  In the latter case wages are scaled down according to a weekly number of hours stated in the contract.  There are some special contracts with government tax incentives to take on for example unemployed workers or women in sectors where they are underrepresented.

• Redundancy pay is payable once an employee has served a year and can be up to 3 ½ year’s salary (it goes up 45 days a year served, although this can be less on the incentivised contracts).

• The main problem with Spanish employment and why some employers break the law by hiring off the records is the high level of employer’s social security contributions and other non wage costs.  As a rule of thumb add on 40% to the basic wage for budgeting purposes.

• The employer is responsible for deducting Spanish social security contributions (approximately 6% of pay) and income tax, similar to UK PAYE, from the monthly wage or “nomina”.  A full analysis of the employee’s wages and deductions for the month must be presented to them and a signed copy kept by the employer.

• Other employee rights: normally 23 days a year holiday entitlement plus national and local fiestas (depends on the Convenio as employees in certain sectors expect to work holidays but are compensated elsewhere).  The employee can chose to have pay spread over 14 instead of 12 times a year with additional pay days in July and December.  Maternity leave is 4 months and there is other time off built in for marriage, deaths, births and moving house.  Sick pay is usually paid by the social security system.

Employment pitfalls in Spain

Black economy hiring

The obvious temptation is to keep some employees off the books but falling foul of the law can lead to heavy fines and the authorities are strict because they know abuse is widespread.  For example if you have an uncontracted worker helping you out during an unscheduled visit from government inspectors do not expect to be able to use an excuse even if it is a family member helping out.

Under-estimating employee rights

As we have seen the main effect of the heavy regulatory framework, the tax laws and the Covenios is to protect and promote the rights of the employee.  It is the employer that pays the price for this, parhaps not in terms of basic wages which are still lower than in many European countries, but in terms of non-wage costs and employee rights to severance pay and other benefits.  Possibly the biggest risk to a small business is taking on staff on the basis of a headline wage and not appreciating the additional burdens of being a Spanish employer, particularly when offering full time permanent contracts.

Timing of payments - cashflow implications

If you fail to understand and then budget for paying all associated employment costs at the right time, there is a real danger of cashflow difficulties or profits being eroded.  Salaries are paid monthly in arrears and national insurance a month later.  Income tax withheld from employees is payable at the end of each quarter which can be a nasty shock for the uninitiated.  As has been mentioned severance pay  can be substantial.

Reducing employment risk

Many businesses in Spain avoid some of the costs and burdens of employment law by going “black” and paying workers cash in hand.  This is of course risky as it is fairly easily detected by government agencies particularly if the “employee” has no contract whatsoever.  If an employer gives a part time contract to staff actually working full-time and then tops up the wages in cash this is harder to detect but still carries a risk.

Staying within the law you can reduce the risk of large unsustainable employee obligations by using temporary or "casual" contracts.  For example a new business with an unproven sales model might be unwise to offer all staff permanent full time employment contracts.  Spanish employers often start with a time-limited contract and switch to permanent when it is less risky to do so.  Note however that you cannot renew a temporary contract so “rolling” short term commitments to staff are not an option.  If your business is in any way seasonal then  “casual” contracts can be offered for part of the year (maximum 6 months out of any 12).

With regard to high social security costs it is important to plan cashflow properly but also look at ways of reducing national insurance contributions.  Ask your advisor about government incentives and subsidies.  For example there are trainee contracts available for young workers which dramatically reduce the national insurance payable.

For more Spanish business advice see the guide Starting a business in Spain.

About the Author

James Baker is a UK-qualified Chartered Accountant with over 20 years experience in London and Spain. He is Senior partner of Advoco, provider of Spanish law, tax, accounting & administrative services to the English-speaking community of Southern Spain.
Website: http://www.advoco.es

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Defence Force child minders could lose payouts
HUNDREDS of former ABC Learning staff working in Australian Defence Force childcare centres may not get redundancy entitlements because the company's receivers cannot pay and there is uncertainty over the government's employment compensation scheme.
Surviving redundancy

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Feds offer $5B to shore up early retiree health care coverage
Trying to entice employers to keep early retirees on their medical plans, the Obama administration announced Tuesday it's making $5 billion available until the safety net of the new health care law is in place.
Ottawa broke law in financing EI (Former Liberal Government)

What would you like to see on an employment law blog?

I've started a UK employment law blog. There are lots of people on here interested in their rights at work, and I know a fair bit about it. Have a look and tell me what you think, but what I'd really like people to do is suggest what subjects I should tackle.

Thanks, Ive bookmarked it and will return. Any stuff on managing the Capability process with a poor performing worker? want to give them the best possible chance of success.......just a thought

Testimonial www.EmploymentLawUK.org.uk

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How much disciplinary investigation is necessary (UK Employment Law)

When considering whether to dismissal for misconduct, a question that often comes up is how much investigation should the employer carry out first? It's commonly known that under the ‘Burchell' test:

• the employer must establish that he believed the employee was guilty of misconduct;
• the employer must have had reasonable grounds for that belief;
• the employer must have carried out as much investigation into the matter as was reasonable in all the circumstances.

In the recent Court of Appeal case of Salford NHS Trust v Roldan, Ms Roldan was a staff nurse, when a colleague complained that she had ill-treated a colleague, discarding cleaning wipes on a patients face and slapping his hand. She was suspended, and informed that serious complaints had been made. In the investigation the colleague was interviewed, as was Ms Roldan and her supervisor. The complainant's recollection was precise and consistent, but Ms Roldan's recollection was inconsistent and vague. Ms Roldan was dismissed following a disciplinary hearing, who then appealed saying amongst other things that the wipes had gone in the patients face by accident, but that the patient had assaulted her.

The appeal took the form of a re-hearing with all the witnesses giving evidence again. The appeal was rejected. The consequences for the appellant were very significant; not only did she lose her job, but in addition she lost her work permit and the right to remain in the United Kingdom, as well as being the subject of a criminal investigation by the police for which she was prosecuted but acquitted.

One of the grounds of appeal was whether the investigation was adequate.  On the facts, the Court of Appeal considered that further investigation should have been carried out:

• The more serious the consequences of dismissal for the employee, the more careful an investigation is required. In this case, a more careful investigation was needed because the consequence of dismissal was that Ms Roldan could be deported; ‘This is particularly so given that here was a woman who had given service to the employers over 4 years, apparently without complaint, and there was a real risk that her career would be blighted by this dismissal. It would certainly lead to her deportation and destroy her opportunity for building a career in this country'. More could have been done to check the allegations made.
• An employer faced with a conflict of evidence between two witnesses is not obliged to believe one employee and to disbelieve the other. If it is unable to resolve the conflict, it is perfectly proper to give the alleged wrongdoer the benefit of the doubt.

At first reading, the Trust's investigation and complete re-hearing at appeal seemed quite thorough. However employers would be wise to consider the full consequences of a disciplinary dismissal, and investigate as exhaustively as possible if deportation, prosecution or being placed on a barred list might follow. If in doubt, take legal advice, as not doing so could prove to be expensive!

About the Author

James Carmody is lawyer advising on UK employment law in Central London EC1 http://www.reculversolicitors.co.uk/ 0207 324 6271

Getting Fair Legal Advice - a video from Unbiased.co.uk

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What is Commercial Law?

Commercial Law is the name given to any legal issues around the area of business and commerce. Commercial Law is made up of many different areas.

CONTRACTS

Contracts are legally binding agreements, usually in the form of a document. Contrary to popular belief though, verbal agreements are also legally binding. Contract can be agreements with clients or customers, such as what work will be done, how and when. In a retailer, when an item is sold to a customer that automatically becomes a contract of sorts. The customer has certain rights, such as the right to a refund if the item is faulty.

Another area where contract are important, are employment contracts. Employment contracts dictate an employees’ salary, working hours, holiday entitlement and working conditions. The employer then has to abide by these agreements.

TAX

It is important that businesses pay the right amount of tax, or they will be held legally accountable. Solicitors can advice business on the areas where tax can be saved, and which tax breaks they are entitled to. For example charities are often entitled to certain tax reliefs.

EMPLOYMENT LAW

Employment Law regulates the legal rights of workers. Businesses have to make sure employees are paid correctly. This is even more important since the advent of the minimum wage in 2000. Employment Law also protects against discrimination; businesses are not allowed to discriminate in any situation, including during the recruitment stage. This area of commercial law also dictates the legal holiday entitlement and the maximum working hours allowed.

MERGERS & TAKEOVERS

There are a number of legal issues to consider when a business takeover or a merger between two or more businesses takes place. Commercial Solicitors London are required to make sure everything is as the law dictates. Contracts must be sorted out to state the conditions of the takeover. This can include how the role of employees may change, any agreement as to the direction the company will take, and of course the financial agreements. Agreements as to when payments should be made, and whether it is in instalments or a lump sum are covered here. The company which is being taken over may demand certain conditions of the sale.

HEALTH & SAFETY

This is an area that has become increasingly important in recent years. This area of law covers the health and safety of employees and customers. Areas of operation must have potential dangers clearly marked and steps must be taken to prevent accidents where possible. Companies can be help responsible if accidents occur.

FINANCE

Finally, finance is an area that is relevant across business. Relationships between businesses and banks can be crucial to the financing of businesses so it is an important consideration. Finance overlaps with many other areas of commercial law, such as employment, tax and contracts.

Andrew Marshall ©

About the Author

Commercial Solicitors London

London Law firm

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Employers Get a Role in Immigration Control

Employers Get A Role In Immigration Control

Sean Kehoe, Senior Partner at personal injury law firm Advance Legal, has said:

"The problem of illegal migrant workers has pre-occupied ministers over the last few years and the result is a raft of new measures that could increase costs for employers and present some difficult legal dilemmas.

New penalties for employing illegal workers came into force on 29 February 2008. Employers could face a two-year jail term or a fine of up to £10,000 for each illegal worker they hire.

February 29 also saw the introduction of the new Australian style points based immigration system in which foreign workers from outside the EU will be categorised depending on their skills and qualifications.

Foreign workers wishing to work in Britain will be placed in five groups with highly skilled workers in Tier 1 and those with lower qualifications in tiers 2 and 3. Students and temporary workers will be in tiers 4 and 5. Applicants will need to achieve a certain number of points depending of their skills and suitability before they will be given clearance to remain in the UK.

Employers wishing to hire workers in certain tiers will need to have a sponsor licence. The fees are still being set but it’s proposed they should be between £300 and £1000 depending on the size of the firm. Sponsoring firms will then be expected to inform the Border and Immigration Agency if the sponsored employee fails to turn up for the first day of work or terminates his contract.

The agency says it will take compliance seriously and will be prepared to make robust checks on job roles, qualifications and salary. Breaches of the rules could lead to firms being prevented from employing migrant workers.

Even firms that don’t employ or intend to employ migrant workers are likely to be affected by the Government clampdown on illegal workers. The prospect of a jail term or a £10,000 fine for each illegal worker employed means firms need to be careful when taking on staff.

The present law provides employers with a statutory defence against hiring illegal workers if they check and record certain specified documents belonging to potential employees.

This will continue under the new system. However, if employers wish to retain the defence they will be required to undertake repeat document checks at least once a year for employees who have limited leave to enter or remain in the United Kingdom. As is currently the case, the defence will not apply where an employer knows that they are employing an illegal migrant worker.

The problem here is that in making such checks employers could leave themselves open to allegations of racial discrimination.

The Government recognises the dilemma and so the Border and Immigration Agency has offered the following advice:

"It must not be assumed that someone from an ethnic minority is an immigrant, or that someone born abroad is not entitled to work in the United Kingdom."

"Employers who refuse to consider anyone who looks or sounds foreign are likely to be unlawfully discriminating on racial grounds. If document checks are carried out only for prospective employees who by their appearance or accent seem not to be British, this too may constitute unlawful racial discrimination."

"Where complaints of racial discrimination are upheld by a Tribunal, employers can be ordered to pay compensation for which there is no upper limit. Employers have a legal duty under current race relations legislation to avoid unlawfully discriminating on racial grounds and are therefore advised to undertake document checks on every prospective employee. The best way for employers to make sure that they do not discriminate is to treat all job applicants in the same way at each stage of their recruitment process."

Employers could be forgiven for thinking they face a legal minefield whichever way they turn but with the potential penalties so high it is vital that correct procedures are followed."

About the Author

Advance Legal specialise in all kinds of employment and personal injury claims. Because they are qualified solicitors you can relax in the knowledge that you have a specialist law firm acting for you

ARK Schools, Academies and eugenics. The John Adam St Gang.

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Your Guide to Maternity and Paternity Leave

Article from: My Family UK

It is important to know what you are entitled to as a new parent or parent to be, but the rules and regulations can be hard to remember. Here's an introduction to the basics.

Statutory Maternity Leave

To qualify for the legal minimum requirement for maternity leave, you need to be an ‘employee’, as opposed to a worker or self-employed. If you are unsure of your employment status, find out at DirectGov.

How it works

• All employees are entitled to 52 weeks of maternity leave no matter how long they have been working for their employer

• This is divided into Ordinary Maternity Leave (the first 26 weeks) and Additional Maternity Leave (the last 26 weeks)

• During the additional period, you have fewer contractual rights

• You can take maternity leave from up to 11 weeks before the due date of your child

Statutory Maternity Pay (SMP)

Although it is any employee’s legal right to take maternity leave, you only qualify for SMP if you earn an average of more than £90 per week and have been employed by the same employer continuously for at least 26 weeks up to the 15th week before the due date.

How it works

• You need to tell your employer at least 28 days before you want to start claiming SMP

• You are entitled to 90% of your average weekly earnings for the first 6 weeks

• This drops to a flat rate of £117.18 (£123.06 from 5 April 2009) for the following 33 weeks making 39 weeks in total

Contractual Maternity Pay

Some companies offer enhanced maternity leave and maternity pay, but if you don’t return to work after your maternity period is over, you may be required to pay some money back.

Paternity Leave and Paternity Pay

If you are having a child or adopting a child with your partner you will be entitled to two weeks paternity leave provided you have been continuously employed by the same employer for 26 weeks by the 15th week before the baby is due. The entitlement also applies to partners in same-sex relationships.

How it works

• You need to inform your employer in or before the 15th week before the baby is due

• You can take your leave in one week blocks or as two consecutive weeks

• During your leave you are entitled to 90% of your average earnings or the flat rate of £117.18 (£123.06 from 5 April 2009)

Further information

Your entitlement to maternity leave and maternity leave pay varies according to your employment status. Use the Tiger Tool on Direct Gov to get a personalised statement about what you qualify for.

Other benefits

If you don’t qualify for SMP you may qualify for Maternity Allowance (MA) or other benefits. Contact your local JobcentrePlus for details.

Problems with your employer

If your employer refuses to give you leave and pay that you are entitled to, they are breaking the law. Clarify your rights by checking with your trade union official or your local Citizens Advice Bureau.

Further Information

For further information, and for more great ways to have fun with your family, log on to www.myfamilyuk.com. With a huge collection of articles covering everything from child safety to rainy day activities, you'll find all the help, guidance and entertainment you need to be a great parent. Go now!

About the Author

My Family UK is a brand new website that is turning the online focus back onto families. We're dedicated to supporting you and your family live the life you choose to the full, with games, tips, offers and articles on all aspects of parenting. If your family means the world to you, check out www.myfamilyuk.com.

Maternity leave

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How highly would an Oxford Law degree be seen with regards to employment prospects in the Middle East?

I will soon complete a law degree at Oxford and then have plans to seek employment in the Middle East. I already have much family in the region as i am half Lebanese...many of whom work in Qatar and dubai and other small emirates. What employment prospects would i get in such gulf countries with my degree and would it be regarded very hgihly? I have heard that degrees speak volumes in the middle east, and was wondering if anybody had any insights to add. Are the salaries much greater for jobs such as lawyer or investment bankers? I do understand that much of the finaical benefit is felt due to the absence of income tax but what are the differentials in salary? I am just curious about whether to remain in England and search for a job or move out.. I also love the culture and feel it would be a great experience. If it helps, my potential career will almost certainly be either lawyer or investment banker. Thoughts/experiences would be appreciated. Many thanks, Steve

Have a look on www.emiratesvillage.com
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does anyone know anything about TUPE law (Transfer of Undertakings, Employment Protect) R.E back pay?

i was TUPE'd over to a new employer when my old employer lost the contract to supply services. Under my old terms & conditions i was contracted to do 40 hrs a week. I have since discovered that i am the only employee over 4 sites that has been working this, every one else does 37.5 or is part time. This equates to approx 120 more hrs worked than other non tupe'd employees - can i claim back pay??

I doubt it as the contract you were on would be the one that transferred from the old company.....Go to the ACAS web site on line this will have all the info you need....They also have an advice line to contact direct and they will be able to give you the most up to date legal info possible.....You could also speak to the Union if you are in one to get advice as to site wide implications.....Hope this helps

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Industrial Disease Claims Advice Uk

Legal Claim UK is a national network of specialist personal injury solicitors. Our lawyers are all members the Law Society panel of personal injury experts¹ and will deal with industrial disease claims using the no win no fee scheme. Compensation is paid in full and win or lose there is no charge. We can assist our clients in respect of all types of industrial disease claims, and these include:-

asbestos related conditions

vibration white finger (VWF)

industrial deafness

skin conditions

occupational lung disease

miners illnesses

repetitive strain injury (RSI)

work induced stress

noxious substance poisoning

The health and safety of employees working for British firms is protected by laws passed by both the UK Parliament and also by the European Union which clearly outline the standards which employers should attain to ensure safety within the workplace. In general terms in order to claim compensation it is usually necessary to prove 'negligence' which means it must be shown that the employer did not act with reasonable care however in occupation damages cases an employer will often be held to be 'strictly liable' without the necessity to prove negligence. All employers must be insured and must display an Employer's Liability Insurance Certificate. It is extremely difficult for an employer to escape being liable if an employee is injured during the course of his employment. Our personal injury experts deal with a wide range of occupational claims arising both in industrial situations and in an office environment. Employers must act within the law and so far as is reasonably possible provide a risk free work environment with the following basic essentials:

capable and safety conscious employees

appropriate equipment and training

a safe place to work

The Limitation Act 1980 determines the time limits for taking legal action in the UK. In general terms, subject to a number of exceptions it is usually necessary to either settle a claim or issue proceedings within three years of the injury however in the case an industrial disease claim there may be a long period between exposure to the dangerous practice or noxious substance and the effects being noticed by the sufferer. In these cases the three year time period does not, in general, start running until the illness was either discovered or should with reasonable diligence have been discovered. As would be expected these time limits and the definitions of them frequently give rise to litigation in the courts particularly by insurers attempting to evade liability by showing that the time limit for taking action has expired. It is therefore of paramount importance that legal advice is sought as soon as there is any suspicion of an occupational illness. A delay of just one day is, in many circumstances, enough to preclude a claim with the opportunity of recovering damages being lost forever.

Damages that can be recovered in these cases usually follow the general rules for compensation and are divided into two categories being 'special damages' which represents compensation for items that can be calculated accurately and 'general damages' which represents compensation for items that cannot be calculated with precision and must be assessed.

General Damages:

opain and suffering

oloss of lifestyle

oloss of future job opportunities

Special Damages:

oloss of past wages

oloss of future wages

omedical treatment and equipment

oloss of pension

ocost of free assistance

odependents claim

ogeneral expenses

olegal expenses

The Health and Safety at Work Act 1974 is the main legislation used to protect employees from harm and requires employers is to carry out a risk assessment and to record any significant findings and thereafter to take appropriate action to implement the health and safety measures identified as necessary by the risk assessment. In addition there is a host of minor legislation that applies in particular circumstances most prominent of which includes ;

Personal Protective Equipment (PPE) Regulations 1992:

Protective clothing and equipment.

Management of Health and Safety at Work Regulations 1999:

Risk assessments and implementation of protective measures.

Health and Safety (Display Screen Equipment) Regulations 1992:

VDUsafety regulations.

Provision and Use of Work Equipment Regulations (PUWER) 1998:

Equipment and machinery safety.

Manual Handling Operations Regulations 1992:

Physical movement of workplace objects.

Health and Safety (First Aid) Regulations 1981:

First aid regulations.

The Health and Safety Information for Employees Regulations 1989:

Posters must be displayed in the workplace about health and safety.

Noise at Work Regulations 1989:

Protection from industrial deafness.

Control of Substances Hazardous to Health Regulations 1999 (COSHH);

Noxious substances regulations.

Workplace (Health, Safety and Welfare) Regulations 1992:

Maintenance and condition of the workplace environment.

Chemicals (Hazard Information and Packaging for Supply) Regulations (CHIP 2) 1994;

Classification of dangerous chemicals.

Construction (Design and Management) Regulations 1994:

Regulates systems of work on construction sites.

Gas Safety (Installation and Use) Regulations 1998:

Installation and maintenance rules.

If you have discovered your illness within the last three years and would like free advice on industrial disease claims you should contact us. You will receive a complete professional service from lawyers who specialise in claiming compensation for occupational personal injury.

About the Author

Ankit is a well know author who writes for www.legal-claim.co.uk

Employment advice in BSL

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Urgent responce needed. UK Acts and Regulations regarding employment and medical conditions.?

I need to know what the law says in regards to employees with underlying medical conditions. Say, for example, an employee has a knee issue that may require surgery in the future. She is unable to stand for long periods of time (over three hours) without suffering from knee pain that can render her unable to walk, however, the employer refuses to allow the use of a stool so that she can sit down for brief periods of time when necessary. She works mainly behind a till, whereby most of her work CAN be done seated. What are her rights in this situation?

You need to read the Disability Discrimination Act. If a condition is likely to be long standing,say 12 months or more, and interferes to any extent with an individual's quality of life they are covered by this Act. Whilst specific health problems are not detailed, a wide number fall within the scope of the Act, if they fulfil the criteria mentioned above

UK Sinks Deeper as UK Sikh Wins Bangle Case

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Employment law - redundancy UK?

My company is in trouble. Half the company has no work, but the half I am in is working on an external contract that is still profitable. The management need to make massive cost savings and want to make 1/3 of people redundant across the board. The demarcation between both sides of the company is known to everyone but is not mentioned in my terms of employment, we are just all 'engineers'. Is it legal for them to make me redundant then move someone from the non-profitable side of the company to fill my spot and to maintain the terms of the external contract I am working on?

They are making your job not you redundant.
If you are called for instance a field engineer and you (your job) is made redundant then they cannot bring someone else in and call them a field engineer. They would not legally be able to bring someone in from another part of the company to do your job as officially it does not exist.

There are ways companies can get around this but if you are concerned that this may happen then contact your local CAB, union rep, or a lawyer and get the details from someone who is well versed in this.

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Annual Leave and Employment Law?

This is a UK question.

annual leave entitlements are set by your employer, not the government.

Under enlish law, if you sign a contract egiving you no annual leave, thats exactly what you'll get,

Davos Annual Meeting 2010 - Rethinking Compensation Models

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Visa Laws in the Kingdom of Thailand

As per the Visa Exemption Rule, the Kingdom of Thailand allows foreigners from various nations to enter as well as stay here for a limited period of time. In other words, foreigners from countries that are covered in the exemption rule are allowed to stay in Thailand for a period of up to 30 days, for which there is no need for a visa application. Al though not a single visa can exceed a period of 30 days, the exemption rule permits foreign nationals to stay in the country for a period of maximum 90 days within a period of six months.


However, this rule is applicable only to foreigners coming here for tourism purposes. No matter you are a foreigner from a country not included in the exemption law or from one included in the exemption law, it is essential to apply for a visa if you want to stay in the country for a period exceeding 30 days.


Depending upon the changing requirements and purposes of people, there are different types of visas. A visa is simply a permit or consent issued by the Royal Thai Embassies or Royal Thai Consulate General to a foreigner who wishes to stay here for a particular period of time. The visa duration varies based on a number of factors, which may be up to three months, six months, or sometimes up to one year.


However, a visa is never issued for a period less than three months. Most popular among the visa issued by the Thai embassy is tourist visa, which is alternatively known as travel visa or visit visa. A tourist visa is usually granted for a period of up to 30 days or up to 60 days. Thailand issues a 60-day visa to nationals of almost 40 countries, and for nationals of about 19 countries, visa with a scheme, namely, visa on arrival, is issued. Even though the travel visa for Thailand is quite complex, its requirements are same for everyone. Among the requirements for applying for tourist visa is a valid passport from the home country, two passport size photos, and completed as well as signed application forms.


Business work visa is another popular type of visa issued in Thailand. It falls under the category of non immigrant visa group, and is also known as non-immigrant visa work or Business 'B' Visa. A business work visa is regarded as a first step to apply for a work permit in Thailand. When business work visa is issued for the first time, it is given for a period up to three months. But, you may get either double entry or sometimes even one year multiple entry visa when you apply it for second time.


However, you are required to leave the country every three months. But there is an exception and you may get a valid one year business visa, if you acquire work permit through an approved program of Board of Investment (BOI.) Likewise, in this case, you needn't have to leave Thailand every three months. But, you have to comply with a lot of paper works provided you leave the country for holiday purposes. Nevertheless, this is not applicable for normal entry visa. Some of the requirements for obtaining a work visa are sponsorship of Thai company, VAT certificate, withholding tax, and letter of employment.


Different types of visas in Thailand also include Ed Visa (Education Visa), which is usually issued to students who are interested in studying in the country. An Ed Visa must be applied at least a month prior to the trip to Thailand. Of the requirements in order to get this visa are a valid passport and a letter from the admission department of college or university you are going to study. Transit visa, diplomatic visa, and courtesy visa are the other popular types of visas issued by the embassies.


Nowadays, a plethora of law firms, immigration agencies, and other service providers are in the scenario to render to a host of services in dealing with visa laws as well as requirements. With an expert team consisting of professional migration consultants, these service providers undertake a myriad of activities in connection with obtaining work permits as well as visas and visas for a number of destinations located worldwide.


Some of them even provide the services of expert immigration attorneys for scrutinizing the authenticity of documents. There are also certain service providers who assist you in securing an Australia visa, the US visa, and the UK visa, apart from visas for other countries such as New Zealand and South Africa.

About the Author

For nearly 30 years, Bamrung Suvicha Apisakdi Law Associates (BSA Law) has focused on providing reliable legal advice and services to the Thai and foreign business community in Thailand. We provide international standards of legal services while retaining the customs of the Thai business culture.

Annual holiday..is this enough by law?

Hello,
Im just wondering if my husband is getting enough holiday in his employment.
He works a 60 hour week and gets 3 weeks paid leave a year plus all bank holidays.
Is this right?

The following is a cut & paste from the acas website.

Most workers - whether part-time or full-time - are legally entitled to 4.8 weeks' paid annual leave. Additional annual leave may be agreed as part of a worker's contract. A week's leave should allow workers to be away from work for a week – ie it should be the same amount of time as the working week. If a worker does a five-day week, he or she is entitled to 24 days leave. If he or she does a three-day week, the entitlement is 14.4 days leave. Employers can set the times that workers take their leave, for example for a Christmas shutdown. If a worker's employment ends, he or she has a right to be paid for the leave time due and not taken.

The Government plans to increase the annual leave entitlement from 4.8 weeks to 5.6 weeks from 1 April 2009. If you work a five-day week, your holiday entitlement will increase from 24 days to 28 days (pro rata for part-time staff). The Work and Families Act will not create a legal right to have a paid day off on Bank Holidays and this remains a contractual matter.

For further information see Holiday Entitlement (BERR) at the Department for Business, Enterprise and Regulatory Reform website. (opens in a new window)

End of paste.
Bank Holidays are only given at employers discretion and are not a legal right. So if your husband is getting all 8 plus three weeks a year
15 & 8 is 23 so he is not getting his full entitlement.

6 Degrees : Nuevo HR : Standard Contract of Employment : Part 6/13

JD or LLM for employment in NYC?

If i had an LLM from Oxford and passed the NY bar, would it be difficult for me to get hired by a firm?(witohut a JD?)
Or would I need an LLM or JD from a US law school, such as Yale, Harvard, Stanford?

Actually, the LLM is "better", it's a higher degree. You'd have to already have a law degree in order to get an LLM from Oxford (or anywhere else). But, the LLM isn't the qualifying degree to practice law. The LLM is an advanced academic degree in law.

Qualifying to take the bar (and passing it) is the more important consideration in finding a job. Getting a law degree from the UK wouldn't be very helpful passing the bar in the US because their system is very different from ours.

The more prestigiuos option would be to get the JD from Harvard/Yale/etc... and the the LLM from Oxford/Cambridge/etc... if you wanted to study international law. This assumes you'd like to be in college for about 10 years (BA + JD + LLM) instead of 7 (BA + JD) and your career goals demand that higher degree.

Wales Resurgent - Gwynfor Evans

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where can i get free advice on employment law in the uk?

I recently started a new job in an off licence and last night the manageress left me alone in the store with no buzzer working or keys to lock the doors for my own safety even though I was expected to close the shop. I don't believe this is right as it meant that I was unprotected. Can someone tell me if this is allowed of even legal

http://www.direct.gov.uk/en/Employment/HealthAndSafetyAtWork/DG_4016686

HR-inform - Policies and documents

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Is it credible that Jacqui Smith can claim that they didn't have sufficient information to advise parliament?

regarding the illegal immigrants working in security.
Part of the defence offered today by a former advisor was that nothing happened because they didn't want the illegal immigrants to melt away into the black economy.

All I can say is thank goodness for whistle blowers.

But there is an alternative theory that the "leak" of this information was actually engineered by the Government to highlight the difficulty of tracking illegal immigrants and then using this to strengthen their argument for ID cards.

Milton Friedman on Minimum Wage

Acting auditions and employment law?I?

I would like to preface this by saying it doesn't affect me personally - I'm not in this profession - so I don't need actual advice. I'm just curious. It occurs to me that when you advertise a job, you can't specify that only a certain gender, age range, race etc can apply. So when it comes to acting auditions how do they get round this? Is it actually legal or is it just that nobody bothers kicking up a fuss? Please note I am not saying that it's wrong to be able to specify who you're looking to cast, just interested where it stands under the law. (Am talking about UK law as I know nothing of US employment law!)
That's really interesting - it hadn't occurred to me it applied to carers too.

Yes they can. They have to state in their advert that they are looking for whatever sex and then state they have a right to advertise as such under section whatever under the discrimination act.

You will more commonly see it when advertising for carers who need to be a specific sex for the patient concerned

Drafting Commercial Agreements

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Employment Law Solicitors - 7 Essential Qualities to Look For!

7 tips for large to small businesses that are looking to hire an Employment Law Solicitor or to simply check that you are getting a good service from your existing advisor.


Nobody needs to be reminded that due to the economic recession we are currently experiencing, times are hard for all businesses, whatever their size. Although it may not the first thing that comes to your mind if you are involved in running a business, clear, concise employment law advice should be strongly considered no matter what the economic climate, especially if you are looking to reduce the size of your workforce or review contractual terms and conditions. Consequently, here are seven tips on what to look for if you need employment law advice:


1. Ensure it is affordable

2. Risk Management Service

3. Regular Employment Meetings

4. Ask for a Risk Management Report

5. An Employment Manual

6. Insurance Cover

7. Online Consultant Service

Ensure it is Affordable


It is obvious to most people that you want to ensure you get value for money from the advice you receive. However, there are inherent dangers in seeking the cheapest option. There is usually a reason you are given a low estimate of costs and it may be that the person concerned lacks the experience that you require. Many firms of solicitors with employment specialists now offer HR and employment protection schemes that were previously the territory of non legal firms. The advantage of selecting a firm of solicitors who operate such a scheme is not only their levels of expertise but that they will be fully insured with a well established complaints procedure if things go wrong. Unlike most of the non legal companies, you should also be able to find a solicitor's employment law protection scheme that only lasts for one year, which allows you to evaluate the service over that period before you decide whether to renew the service or not.

Risk Management Service


A good employment law advisor will first of all carry out a free risk management audit, which is basically a health check of your employment practices. A specialist employment solicitor will visit you to look at your personnel records, review procedures, uncover any weaknesses, and assess what needs to be done to improve any problem areas.

Regular Employment Meetings


You should also ensure that the scheme offers regular employment meetings, where the company you have hired will meet and talk with you or your HR department, management team and other key members of your team. This will enable them to understand and review your terms and conditions of employment, disciplinary and grievance procedures, absenteeism, flexibility, equal opportunities and redundancy arrangements and to make appropriate amendments.

A Risk Management Report


Following your health check, you should ask for a comprehensive risk management report. This will review your current policies, practices and compliance with legislation. It will also include an action plan for any improvements that could reduce the risk of disputes with your staff.

An Employment Manual


If you have made the right choice in hiring an employment law advisor, they will also supply you with an employment manual - an invaluable source of reference for good employment practice. This includes information on fair procedures for recruitment and absenteeism, guidance on how to draft employment contracts, a selection of over 100 specimen letters and forms, and many other aspects of good HR practice.

Insurance Cover


Insurance cover is also important. When you're protected by insurance cover, you'll no longer have to worry about the costs of defending an action brought against you by an employee as a high-quality policy will cover legal costs and expenses to defend employment disputes of up to £100,000 per claim. In certain circumstances, compensation awards that you're ordered to pay by an employment tribunal and out of court settlements agreed by insurers will also be covered.

Online Consultant Service


In this age of modern technology, it may seem like a given but some Employment Law Advisor do not necessarily offer online consultant services. By using an external consultant service you have control over exactly what HR services are delivered to you and how it is implemented.

This article is free to republish provided the authors resource box below remains intact.

About the Author


John Mehtam is an experienced
Employment Law Solicitor
and specialises in
Employment Law Advice
from Shropshire based Alpha HR of Martin Kaye Solicitors.

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Published But Not-Paid Part II - How To Extract Payment From
Sticky Fingered Editors!

Having a proper strategy in place to eliminate payment confusion
will go a long way in avoiding unnecessary problems caused by
misunderstandings, (see the part one of this article), but there
will be occasions when the agreed payment period has passed and
your precious cheque has not arrived!

The following is a list of steps you need to follow to stand the
best chance of collecting payment.

1. Send out your invoice either when the contract is completed
or at the month end. (Part I of this article explains what an
Invoice is).

2. At the end of each month send out a Statement. A Statement is
much the same as an invoice except it lists all the separate,
unpaid invoices that you may have sent out to the same client or
publication. Statements, as do invoices come in all shapes and
sizes but all contain the same things, a number, the date, what
is owed and what is over due, plus your contact details of
course and those of the publication.

3. Allow a week for the Statement to provoke a reaction. If no
cheque arrives, telephone.

4. Ask to speak to whoever deals with the accounts. It may be
the editor, in which case you will already know his or her name.
If it is someone in the accounts department make sure that you
get their name and write it down.

5. Don't get angry! You may be on the breadline and have worked
night and day to meet the deadline but losing your temper rarely
achieves anything. Keep calm and ask if they have received your
invoice and if so when can you expect payment.

6. Usually this is all you need to do. Wait the appointed time
and the money will likely turn up as promised. Occasionally
however you will have to work a bit harder.

7. Phone again and say that the cheque hasn't yet arrived and
ask if there is a problem. You must note down what they say as
it could be important if things turn nasty. If there is a
problem then of course you will have to sort it out, if not then
there is no reason why you shouldn't be paid so again try and
pin them down as to when the cheque will be forthcoming. If the
sum is large you may like to consider offering to fetch it.
(Always assuming of course this isn't the other side of the
planet!). A disarming, "I'll be in your area tomorrow, could I
call in?" is a very face saving phrase that keeps every ones
dignity in tact!

8. If this isn't practical or you are told it isn't possible you
will have to run with it a little longer. Wait again for the
cheque to turn up when it was promised, if it doesn't telephone
again. It does by this stage become annoying but you still
mustn't loose your temper, it really doesn't achieve anything.
Kick the chair if you must, but stay calm with accounts and
you'll have a better chance of winning the day.

9. Still no cheque? O.K. now's the time to start getting heavy.
Send a letter explaining that if payment is not received within
7 days you will be taking steps to recover the fee through the
small claims court. Point out that if this becomes necessary
interest will be charged on the debt for the whole period it
remains over due.

10. Assuming this has fallen on deaf ears you are now faced with
having to follow through with your threat of the small claims
court. If things reach this pitch there is no need to be
alarmed. You don't need a solicitor and all the forms can be
obtained from most stationeries or from the web. You will have
to shell out a small fee to set the process in motion but this
is added to the total debt and will be recovered along with the
original outstanding amount.

Once your client receives this he is faced with two choices.
Either he can pay up, (by far the most likely), or he can
contest it. If the later choice is made then you will both have
to go to an arbitration court where a decision will be made in
favour of one or the other with the loser being responsible for
all costs.

Again it is well to keep things in perspective. I have used the
small claims court twice in over twenty years of freelancing.
Once against a client who refused to pay for work he
commissioned as his client went into liquidation, (he paid up as
soon as the court summons arrived so it never went to
arbitration).

The second was against the publisher of a magazine franchise who
owned me a considerably amount of cash in unpaid advertising. In
this case she contested the claim. However, I was convinced I
was in the right and stuck to my guns fully prepared to fight it
out at arbitration. Two days before the case was due to be heard
a fax came from her solicitors saying that a cheque in full
settlement would be in the post that day.

This link will take you to the Small Claims Advisory service
which will explain the Small Claims Court procedure in detail.
http://www.small-claims.co.uk/

What though about the web? Clients are not necessarily in the
same country, so how do you collect your money and recover bad
debts?

There is no easy answer to this as different countries are
subject to different laws and it can often be difficult to find
out just where the hand that actually grasps the cheque book
actually is! However, there are some pointers that will help
keep potential trouble to a minimum.

Contracts obtained through the job bidding sites often have
their own payment systems in place. Guru.com for example
operates the SafePay system this works by Guru collecting the
payment from the employer, deducting their expenses and then
passing on the proceeds to the contractor. It generates invoices
and receipts all of which can be seen through the contractor's
personal control panel. Elance has a similar system in place
which is explained in detail in its very comprehensive user
manual, available for download from the site.

Another popular method utilised by people doing business on the
web is the Escrow system. There are fees involved, mainly based
on a percentage of the transaction, but it does more or less
eliminate the bad debt problem.

Doing a little research about the publication that you propose
working for can also pay dividends. This can range from simply
visiting your favourite search engine and typing in the name to
doing full blown credit checks. You may think that a basic
search engine query is not going to produce much of a result but
you would be surprised at what gets posted on the web these
days.

As an example, a few months ago I was approached by a self
publishing company who wanted to take a considerable amount of
advertising space on Writelink. Having had no dealings with this
company before I ran a quick search on Google and immediately
found some rather alarming postings. Needless to say we didn't
do business and very glad I am too since the owner subsequently
did a moonlight flit, leaving dozens of very unhappy clients and
creditors behind.

Talking of writers websites, you will find that some of these
include warning listings of publications to be avoided. Writelin
includes this facility, but you will also find a very
comprehensive listing on Preditors and Editors.

Finally, do keep everything in perspective. You will almost
certainly get your fingers burnt on at least one occasion, but
operate your writing business efficiently and professionally and
payment problems should be kept to a minimum.

About the Author

Sue Kendrick has worked as a freelance writer for over 22 years.
She contributes regularly to special and general interest
magazines and websites as well as providing copywriting services
to the business sector. She is also the editor of http://www.writelink.co.ukhref> an on-line community
for creative writers.

Christopher Hitchens on National Security and Official Secrets (Part 2) (1987)

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About the Law LLB and employment?

Just wondering, if i were to go to University and get a law LLB, what other countries would i be eligible to practise in apart from the UK.

yes

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Federal Glover: Clearing the air about the early release of inmates
In recent months we ve been hearing a lot about the pending influx of prisoners that will be released to comply with the court order to ease the overcrowding in California s prisons.
Minimax Consulting's EEA/LS Offers Proactive Analyses with Open Pricing

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Career in Law for a Postgrad? Advice needed!!?

I'm in the UK and have a 2:1 degree in Ancient and Medieval History which hasn't helped me get a job. Since graduating I've worked in office and callcentre jobs and I'm currently at home with my 8 month old baby.

It would take you several years to qualify as a barrister or solicitor. http://www.ukcle.ac.uk/directory/england/index.html
You could apply to be a lay magistrate here and now. http://www.dca.gov.uk/magistrates/index.htm It's no good setting your sights on being a District Judge (what we used to call a Stipendiary Magistrate), as that is a very long process involving a successful career in the magisterial service. You perhaps don't realise now how very much of your time and energy children continue to take. If they are taken ill at school, it is always the mother who is sent for -- however inconvenient -- not the father, who might be in a better position to get away from work. It's also very hard to study with small children around. Why not apply to be a magistrate and see where it takes you? You will make all kinds of contacts and get all sorts of ideas about where your talents could be best used.

Employment law overview

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I ve got sacked in ryanair?

After 11 months working in Ryanir, based in Bournemouth, the company sacked me in less then 3 minutes justyfing it saying that my performance was not good enough for the company standars.
And that s what is happaning all around Europe......is it possible that in the UK there are no laws at all that protect poor cabin crew members?
I m convinced that they don t give a shit just because 80% of us is from other country so not really familiar with the british employment law.....
please give me suggestions to help me and al the other people who aspire to be cabin crew in Ryanair, who are now being trained or who are already working for a company that doesn t allow workers to join any kind of workers association...(trade unions).....thank you very much in advance....( sorry for my english, i m italian)

Unless you can prove some sort of discrimination was involved with their decision then I'm afraid that there is nothing you can do. Employees do not get much in the way of employment rights in the UK until they have been employed for a full year.

Sorry - but just concentrate on getting another job and try to put this bad experience behind you.

By the way, given that you are Italian and in the UK exercising your EU treaty rights (i.e. working) you should be eligible to claim Job Seeker Allowance so call 0800 055 6688 to start your claim.

Deaf Festival subtitled

If I have a contract for 24hrs/wk work, does the employer have to pay 24hrs even if they dont offer it?

I have a contract with a supermarket for 24 hours work a week, but they have often rostered me for less than this and basically told me its hard luck. Dont they have to pay/offer at least 24 hours or pay the missing hours not offered? Im leaving them today and they wont budge on it. Can anyone please refer me to the relevance Act/passage in employment law that may support this as I cant see it in the 1996 Employment Act.

If you read your contract or handbook ther will probably be a section where it says that hours will be offered according to availability and that the company will not be liable if there are not enough hours available. If it doesn't have anything similar you're still not in luck, you have very little chance of ever being able to claim any kind of compensation.

Law Videos - Employment Law - Chapter 4

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employment law uk regarding pregnancy?

i have been working approx a year and a half in my job. Its a fairly energetic position which requires me to be on my feet for approx 4 hours of the day. However, im now pregnant and my boss says that because i am unable to do my job they have to let me go. Can they do this? There is no other position they can put me in and therefore i am now unemployed. doesnt seem fair

Hey, they can't sack you for being pregnant, they must either suspend you on full pay or offer you a job where you won't be on your feet for 4 hours a day. I found this on the government website:

"When you tell your employer that you are pregnant your employer should review their risk assessment for your specific work and identify any changes that are necessary to protect you and your unborn baby's health. Your employer should involve you in the process and continue to review the assessment as your pregnancy progresses to see if any adjustments are necessary.

These risks might be caused by:

* lifting or carrying heavy loads
* standing or sitting for long periods
* exposure to toxic substances
* long working hours

Your employer must then either remove the risk or remove you from being exposed to it (for example, by offering you suitable alternative work). If neither of these is possible, your employer should suspend you from work on full pay."

Mark Rogerson interviewing Roselyn Knight

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I have just read Paul W question regarding trainee builders earning £4 an hour.?

Is the employment law different in Scotland as in Edngland/Wales. I have a guy working with me and he is a trainee roofer. He doesn't go to college as he is trained on site and training day's within the firm. He is on £4.43 per hour. He isn't 22 until Dec this year. I was telling him today that his rate is too low as the minimum wage has increased. It's a shame, he's a good lad and hard working. Can anyone advice please

The National Minimum Wage is:

Adult Rate: £5.35

Workers aged 18-21: £ 4.45
(some trainees, apprentices)

Young workers aged 16 and 17 £3.30

Your employer will be breaking the law if he or she does not pay you the amount to which you are entitled.

its the same, as from the 1st october 2006

Michael McLaughlin, Employment Lawyer, Biggart Baillie

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Where can I easily find UK Employment Law Cases?

I am looking for some examples of employment law cases on the following subjects, and wondered if anyone can point me in the right direction.
•Gender Reassignment
•Civil partners
•3rd party harassment
•Post employment discrimination

1st of all try the library and order the big books on Employment Law.
2nd Try pasting this into your browser
http://www.employmentappeals.gov.uk/public/search.aspx
and enter the topic in the bottom.
If the paste does not work then enter www.employmentappeals.gov.uk and search for judgements.

Employment Law Legal Services - Simpson Millar Solicitors

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Parents face huge rise in school fees
PARENTS are facing a massive rise in education fees after the announcement of plans to slash subsidies to fee-paying schools.

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HR: The Importance of Keeping up-to-Date with UK Employment Law

UK employment law is ever-changing and it is a full time job just keeping up with the latest legislation. Everything from working hours, holiday entitlement, health and safety in the workplace to equality and diversity issues are all covered by employment law and that‘s why it is so important for both workers and employers to know their rights and obligations.

Issues such as the national minimum wage, employment contracts and conditions and business transfers and takeovers (TUPE) rights are all very important pieces of legislation for companies that employ one or more people. Large corporations tend to employ HR specialists to ensure that they are up to date with the latest rules and regulations. However, smaller organisations including SMEs are also required to stay within the law and for them it may be more difficult to stay alert to the latest changes due to time and resource constraints.

If that is the case they should enlist the help of government funded agencies such as Business Link, or independent organisations such as ACAS to alert them to any relevant changes in legislation; after all ignorance is no defence when it comes to the law.

In addition to employment Acts there are also Codes of Practice approved by Parliament, such as time off work for trade union duties that also impact on employers. So, knowing what you can and can’t do as an employer and your legal obligations to your workers is vitally important if you are to provide a legal and safe working environment. Most responsible employers adhere to employment law and understand its importance, although some do not and they end up being prosecuted.

The penalties for not adhering to relevant legislation vary according the offence. In the most extreme cases, such as cases involving the death of employees in the workplace, penalties can be severe and may include custodial sentences as well as heavy fines for company directors and other employees. However, other offences are dealt with less harshly. For example, under the Employment Act 2008 a company failing to pay its workers the national minimum wage is liable to a fine of 50% of the total underpayment, with the minimum fine set at £100 rising to a maximum of £5,000 in addition to paying the shortfall to their workers as arrears. Early payment reduces the fine by 50%.

But, if you are a company director the best way to ensure that you stay on the right side of the law is to keep up with the latest employment legislation. How you do that is down to you. There are plenty of organisations that offer the latest advice, so there is no excuse!

About the Author

Adam Singleton writes for a digital marketing agency. This article has been commissioned by a client of said agency. This article is not designed to promote, but should be considered professional content.

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Essential Redundancy Documents For Managers

As the economic crisis worsens and company after company goes to the wall, every manager is focusing on how to keep their business afloat. In many cases, this involves trimming overheads and making redundancies. This process is painful - no one likes letting staff go - but frequently necessary. As businesses become more cautious and focus on consolidation rather than expansion, there simply isn't room for surplus employees - the very survival of the business (and the jobs of everyone who works there) may be at stake.


In order to make successful redundancies (and avoid painful costs), you need to make sure that you are protected by your redundancy documents. The cost of an unlawful dismissal can be over £75,000, and your redundancy policy and procedure need to follow the letter of the law. Your company's redundancy documents need to:


Outline Your Policy


A clear redundancy policy is an essential document for any company, and should clearly state what the redundancy procedure is - the different stages of the process, selection criteria, right of appeal, the consultation process, the amount of redundancy pay that is offered, any support that is available during or after the procedure, and so on and so forth. A well written redundancy policy is the most important document to have when you need to let people go, both for employers (who need to know what process to follow) and employees (who need to know what to expect and what their rights are) - don't let your business be without one!


Support the Process


In addition to this redundancy policy, you should have documentation that supports the process the whole way through. This includes documents to outline the legally acceptable reasons for redundancy, notify employees of a redundancy decision, offer the right of appeal, provide the results of an appeal, and so on. It isn't enough to provide a sound redundancy policy - the rest of your documents have to follow the letter of the law as well, providing employees with clear information and the right to appeal.


Cover the Alternatives


Wherever possible, your redundancy procedure should allow for alternatives. Part time employment, a job share scheme, reduction of bonuses and salary and other such methods can help reduce costs without cutting staff. It may also be the case that while the company can no longer support a particular position, a member of staff can be offered a different position within the company. Your redundancy documents should clearly outline potential alternatives, if they are applicable, and the conditions under which they will be offered.


Managing redundancies is one of the least enjoyable parts of running a business, but a clear, legally supported redundancy policy and procedure will help to make things as painless as possible. Make sure you keep your documents up to date - every year brings numerous changes to UK employment law. Some of these are relatively minor, but others can be significant changes to policy and statutory redundancy pay. Staying on top of the latest developments may seem like hard work, but when it comes to making redundancies it doesn't pay to make mistakes.

About the Author


Iain Mackintosh is the Managing Director of Simply-Docs. The firm provides over 1100 UK documents covering all aspects of business from holiday entitlement to a
redundancy policy
.

question about european union law?

A (imaginary) directive was due to be implemented by 21st december 2008, it seeked to give futher rights to women in employment to claim equal pay for work of equal value of men. The former government (in uk), sought to introduce appropriate legislation by introducing before Parliament the Equal Value Bill 2007. However, the bill was defeated at second reading in the house of commons and not adopted. A new parliament is elected in early 2009 and opposes the implementation of the directive.

Yes. But think about it. To the EU it is still the same government i.e. the UK government.
It won't be the politicians who pay the price but the country.

Part 1 Question Time December 16, 2008

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Labour and Employment
The recent eruption of the Icelandic volcano Eyjafjallajokull and the subsequent travel disruption caused by the millions of tons of volcanic ash it released into the atmosphere has highlighted a difficult employment law situation.
6 Degrees : Nuevo HR : The Importance of Staff Handbooks : Part 11/13

Small Businesses Urged to Brush Up on Employment Law

Owners and managers of small businesses in the UK are being urged to ensure they understand what they may and may not legally ask a candidate during the recruitment process and how to stay on the right side of employment law.

Consumer group 'Which?' has published a new handbook advising potential job applicants on the kinds of questions now considered discriminatory and on their rights when it comes to answering such questions. Recruiters in smaller firms, which may not have in-house human resources departments, therefore need to familiarise themselves with current legislation to keep on the right side of the law when interviewing job applicants.

Employment law has changed significantly in recent years and questions that may have been put to candidates in the past are now against the law, according to the group. Asking someone their marital status, their sexuality and their political and religious views is among the recruitment "no-go" areas, the organisation said. Discriminating against applicants on the basis of their responses could result in a fine for the company in question, something that could potentially prove disastrous for small businesses. Victoria Winkler from the Chartered Institute of Personnel and Development (CIPD) said that not only is it vital to adhere to the law, accessing a diverse range of people from the workforce can have a "positive impact" on the business.

The issue of age discrimination is something that employers must also be aware of since the Employment Equality (Age) Regulations 2006 came into force in October 2006, which makes it unlawful to discriminate against someone on the grounds of their age - whatever that may be. This means that firms cannot compel an applicant to supply their date of birth or ask for their age during an interview. As well as recruitment, the legislation applies to other work-related situations such as professional associations and occupational pension schemes.

Since April 2003, employers must also be aware of their responsibility regarding requests to work flexibly. Under the law, firms must consider seriously facilitating flexible working for staff with children under six years old, or disabled children under 18. Legal secretary Sharon Coleman recently made headlines for taking her former employer to court for constructive dismissal after she claimed the firm refused to let her work flexible hours in order to take care of her disabled son. The European Court of Justice's advocate general said that discrimination at work legislation does encompass people 'associated' with a disabled person and the case will now be considered by judges.

A report from the Department for Business Enterprise & Regulatory Reform claimed recently, however, that UK companies have on the whole embraced the legislation, with 92 per cent of business saying they would consider requests about changing working patterns from any of their employees. The other eight per cent - especially small businesses - are advised to do so.

Disclaimer:

This article has been written for information and interest purposes only. The information contained within this article is the opinion of the author only, and should not be construed as advice or used to make financial decisions. Expert financial advice should always be sought and any links contained within this article are included for information purposes only.

About the Author

Victoria Cochrane is a freelance writer for both online and print media. She lives with her husband and son, and enjoys travelling when not writing.

State law FAQ

Why can't every law abiding citizen carry a concealed weapon to protect ourselves against human predators?
It seems to me humans are just animals with laws. It should be a human right to protect myself and my family with any means necessary regardless of state law. I can't carry a concealed weapon in liberal ** Rhode Island without being.

If a company sends me a package I did not request, am I obligated to return it?
I bought a laptop from Refurbdepot.com. It was delivered with hardware problems. I sent it back and clearly asked for a refund in my emails. If they send me a replacement, am I legally obligated to return it? Depends on state law.

If HIPAA rules are stricter than state law, which standard should you follow and why?
And what if the state law is stricter? You always follow the stricter of the two sets of laws; that way, you know both sets of laws are satisified. - XIV Amendment .. - I always went with the strictest regulation and the strictest.

IF I'M DRIVING A 20' BOX TRUCK, is it allowed by texas state law to pull a 20' trailer?
Yes. - ? 621.205. MAXIMUM LENGTH OF VEHICLE COMBINATIONS. (a) Except as provided by this section, a combination of not more than three vehicles, including a truck and semitrailer, truck and trailer, truck-tractor and semitrailer and trailer, or a.

In california is there a law against placing flyers on the windshield of vehicles?
Yeah you'd only really get in trouble if you distributed your flyers on Private Property. - Not a state law but there could be local governing laws about litter and stuff! - I do not know of a specific law that says flyers are.

In the state of Wisconsin, are there any laws that an employer has to give a lunch or a break in an 8 hour day
This is a state law issue or federal law, not sure and would appreciate a direct answer, not a guess. Thank you Per the Wisconsin Department of Worforce Development employers are required to give.

Is it an felony under state law in Virginia(commonweath) to trade/sell a registed handgun?If not a felony what
I traded my registed handgun. And was arrested for selling /tradeing to an felony. Like also an month atfer I traded it. An they didn't or haven't told me who I gave it to.But to my knowledge he's not an felony..

Is it legal to film a visitor on a cam corder in your own home without their consent?
See the Protection from Harrassment Act 1997 and Article 8 Right to Privacy - Human Rights Act 1998 - Yes, Unless some local or state law prohibits it. - with their clothes on or off?? On business premises you must.

Is weed really legal in Denver and are their any other states that is legal?
Also what are the rules, where do you buy it, where can you smoke it.. Denver did legalize marijuana, but Colorado did not. Since state law overrules city law, it is technically still illegal. And no there are no other states where it is.

law enforcement fails to uphold a state law?
'California state law. Any sworn law enforcement official who willingly chose and fails to uphold a state law a law is guilty of a misdemeanor. Any citizen can charge and file a complaint on any enforcement officer who does that The district attorney willfully and failing to bring charges and prosecute.

My neighbors are baiting my chickens onto thier property in order to kill them, where r the laws against that?
I live in Hawaii, so I need a Federal law or a state law, thank you I had them right here until old Foghorn went poo poo on it and I had to throw it away. So the.

Under the UCMJ and Air Force laws is it legal to date a person not 18 but legal by state law?
By the UCMJ a military person can date a person 16 years or older. Although also by military standards you must adhere to local/state laws. If the state age of consent is 18 the youngest you can.

What are the repossesion laws in Connecticut?
I need an answer asap please! Thanks! Check with the State Attorney General Office. Try them on the internet, under 'Consumer Protection Division'. Every state has one, and it is their job to enforce state law with regard to credit issues. They will cover your issue for free, if you can show.

Can a state judge review constitutionality of a state law, or can only federal courts/judges can do so?
I am particularly interested in NY State. Which constitution, state or federal? State court judges can review the constitutionality of a law under state or federal constitution. Federal judges can do similarly, although they may seek the opinion of the state.

What is an Initial Pretrial Conference?
What is an Initial Pretrial Conference? I am asking in reference to Arizona state law. An Initial pretrial conference is when you bring your calender and sets lots of dates and deadlines for status conference, mediation, and evidential trial. You should discuss a gameplan with your lawyer and already have goals for settlement..

what is New york state law on property concerning reverse possession?
we own property and are rebuilding a house on it. We had a recent survey showing that our neighbor has only 14 inches of property attached to his house. There is a plant box that extends 36 inches beyond the neighbors house. We need to cut the the.

What is the approximate jail time for armed robbery?
The penalties for armed robbery are determined by state law. The penalty in California may be different than the penalty in Texas. You need to specify where you are from to get the proper answer. Also, the sentence may depend on many factors in the discretion of the judge..

what is the power of federal over state laws?
The Constitution gives congress the power to make laws. States can also pass laws specific to there jurisdiction as long as the state law does not violate federal law. In cases where there is no federal law, states are free to come up with their own. An example that.

What is the wierdest state law you have heard of/read about?
Here in UK in my hometown men can have an afternoon off work to practice the longbow. In the UK as a whole it is legal for a male to urinate in public, as long it is on the rear wheel of his motor vehicle and his.

What law requires me to have an I.D. as an American without any added circumstances - ie Driving, working etc.
I'm asking on basis of law. (Yes I understand life would be tough without identification because 'state law' requires it for driving / working etc). I just want to know what exact law requires me to go into a.

More State law questions please visit : LawFreeFAQ.com

About the Author

LawFreeFAQ.com

MA Human Rights, Globalisation and Justice - Keele University

UK Employment Law - Does my employer have to carry over or pay for unused holiday entitlement?

My boss just decided that we would no longer be able to carry over holiday from one year to the next. One girl at our firm has five days carried over from last year which she will lose, and six days from this year which she will probably lose. Can the boss do this? Can we just "lose" holiday like this, or do we have to have payment in lieu, or be entitled to carry it over to next year?

It is down to an employer's discretion as to whether they allow holiday to be carried over, however, it is actually unlawful in most cases to be paid in lieu of holiday (http://www.berr.gov.uk/employment/employment-legislation/working-time-regs/rolled-up/page29030.html).

It does seem a little unfair if your boss has only just made this decision, and it has until now been normal working practice that holiday can be carried over, as it does not leave staff much time to fit holidays in if the company's holiday period runs from January to December. However, a lot of holidays will state that holidays can't be carried over unless special permission is given by a director, and the company could use this as a get out by saying that they hadn't been approached for special permission and as soon as they were they declined.

It would be best to apply for annual leave to use the days up by the end of your holiday year, or, if this is not acceptable to your boss negotiate a date in the new year when carried over holidays must be used by (i.e. end of Feb) and be aware that you can't carry any over next year.

$5 Program! EZY Cash Gifts!

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Hewitt on Europe
Greeks get details of bitter medicine from EU
Davos Annual Meeting 2010 - Opening Plenary Nicolas Sarkozy

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Labour and Employment
In Homer v Chief Constable of West Yorkshire Police the Court of Appeal considered whether an employee in his 60s was discriminated against when his employer introduced a requirement that the possession of a degree was a requirement for career progression and pay increments.
Holidays and Holiday pay

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UK Immigration Services for a Hassle Free Relocation!

Are you considering relocating to the UK? Great choice! You can make your move smoother and hassle free by using a UK Immigration Services company to facilitate immigration and visa services as well as tax services. Obtaining your travel visa whether you are coming to the UK or visiting elsewhere from the UK can be handled smoothly, making your vacation more enjoyable. 

Obtaining your visa is not a simple process with all the changes being made to the UK immigration system in our post-9/11 era. Making a mistake may have long-term consequences. It’s important to find a UK immigration service company who utilize trained professionals who complete up-to-date training in order to keep up with the ever-changing laws. 

There are many types of visas and finding a company that can handle them all is important:

1. Visitors
2. Students
3. Dependent of Work Permit holders,
4. Ancestral and Dependent Visas,
5. Spouse,
6. Certificate of Approval,
7. Fiancé and Unmarried Partner Visas,
8. Civil Partnership Agreement,
9. EEA Family visas,
10. Worker registration and Dependants,
11. Indefinite Leave to Remain (Residency).

Understanding all of the available visas will ensure that you are advised on the best visa for your situation.

Thinking of extending your stay?

The Tier 1 (General) category forms part of the new Australian styled Points Base System introduced into the UK Immigration system and replaced the HSMP from 29 June 2008. If you are in the UK under the HSMP programme, you will need to change to the Tier 1 category if you wish to extend your stay. A UK immigration service company can help you make the appropriate changes when the time comes.

Some of the considerations to claim points are as follows:

1. Qualifications
2. Past Earnings
3. Age Assessment
4. UK Experience (work or study)
5. Mandatory English language requirement
6. Mandatory Maintenance requirement

Work Permits or Travel Visas

There are numerous work permits to choose: Ordinary, Business and Commercial, Intra-Company Transfer, Change of Employment, Switch & Business and Commercial Extension Applications. Understanding the changes of the new Tier 2 category that replaced the older work permit schemes can help you decide which work permit is best for you.

Need a travel visa? Avoid the hassle of waiting in a queue all day and wasting a day of work. A UK immigration service can help you obtain the proper travel visa to help you enjoy hassle-free holidays. 

Other Services

Other services that UK immigration services such as The Smooth Group can handle for you are: 

1. Job hunting
2. Securing your NI number (National Insurance Number akin to SSN in the United States)
3. Help you maximize your earning potential through recruitment companies and umbrella companies
4. Opening a bank account

Would you like to make your life smoother and find out more about UK Immigration Service?

About the Author

Emma Sutton provided the information on UK Immigration Services .
Check here for more comprehensive details on UK Immigration Services.

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Why are there no laws covering temporary workers rights to benefits?

Such as holiday pay, vacation or raises. Every temp employment agency makes at min 6 dollars per hour for every hour you work for them at another company yet you are never guaranteed a job?
And if you there is more than 30 days elasped in time from one company to another you have to start all over again! Just because they wouldn't send you out to another position?

Benefits cost the company a large sum of money. You have to be (typically) a 30+ hour employee to earn the privilege of benefits, including time off and holiday pay.

Basically, if you aren't putting in the hours, there is no reason for the company to dish out the cash for it. That's why there are so many temp agencies, it has a lower overhead to run. They expect a high level of commitment for even health benefits.

The upside for you is choosing when and where you work.

Rangel Touts Unemployment Benefits in American Recovery and Investment Act

Union wins redundancy court bid
A union has won its High Court bid to block cost-cutting measures that threaten the level of redundancy pay for civil servants.
Irwin Mitchell Glenn Hayes Employment Law Advice

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Pre-budget Report Summary 2007

Introduction

With Gordon Brown now in the top seat, the eyes of the nation were on Alistair Darling as he delivered his first pre-budget report. The will-they-won’t-they speculation surrounding the election, plus some tax cuts promises from the opposition meant that Darling had to deliver some potentially vote-winning changes.

Below is a summary of the key issues for you here to help you understand how the changes will affect your business, you and your family and what the Government’s spending plans are for 2008 and onwards.

Personal Tax

The Government’s modernisation of the tax system continues with several major announcements.

All married couples and civil partners automatically benefit from double the standard inheritance tax allowance, and capital gains tax is reformed with the introduction of a single rate of 18 per cent. More information can be found on these later in this report.

Other taxation measures include actions to protect tax revenues and further modernise the tax system. An emphasis was placed on tackling tax avoidance, including countering the exploitation of interest relief by individuals, amending the disguised interest rules to prevent abuse, and ensuring that scheme pensions and lifetime annuities are used solely to provide an income for life and not as a means of diverting tax-relieved pension savings into inheritance. The details of these measures have not yet been published.

Alongside reforms announced in Budget 2007, the new measures announced in this pre-budget mean that by April 2009 many individuals and families will be better off. Below are some examples of the effect these changes will have:

• A single-earner family with two children on male mean earnings (£35,900) will be £320 a year better off, with the direct tax burden on the family falling to 20 per cent.





• A single-earner family with two children on median earnings (£27,000), will be around £540 a year better off;





• A single-earner couple without children on half median earnings (£13,500) and receiving the WTC will be £175 a year better off;





• Around 600,000 fewer pensioners will pay income tax than would otherwise be the case, so that in total only 43 per cent of pensioners will be taxpayers. By April 2011, no pensioner aged 75 or over will pay any tax until their income reaches £10,000; and

The income tax personal allowances for under 65s and NICs thresholds and limits, except the upper earnings and profit limits, will be raised in line with the Retail Price Index from April 2008.

On the back of a suggestion from the opposition, the Chancellor plans to raise more money from wealthy individuals who classify themselves either as non-domiciled or non-resident. Many people in this category are domiciled in tax havens such as Monaco but operate their businesses or employment in the UK. People in this category who have lived here for more than seven years will pay a flat rate of £30,000.




Non Domicile Residents

A range of reforms will take effect from April 2008.

The main being that UK residents who are non-domiciled, who wish to continue to be taxed on a ‘remittance basis’ rather than on their worldwide income and gains, will have to pay an annual charge of £30,000. This change is to ensure that these individuals contribute in respect of the foreign income and gains which they keep off shore and on which they do not pay UK tax. The charge will only apply if they have been resident in the UK for more than seven years.




Benefits and Working Families

The Government continues its theme of eradicating child poverty and proving a better deal for working and lone parents. An In-Work Credit, which has been piloted since 2004, will be rolled out nationally from April 2008. This £40 payment (£60 in London) is for lone parents who have been on Income Support for more than twelve months but are now returning to work, and will be paid for the first year of their employment.

The incapacity benefits system is being overhauled, with a simplified Employment and Support Allowance (ESA) taking its place from 2008. The intention is to focus on what a claimant can do, rather than what they cannot do.

Child tax credit will go up in April 2008 by £175 a year, rather than the £150 increase previously announced, with a further £25 increase in 2010.

All elements of the Working Tax Credit are to be uprated, in line with the Retail Prices Index (RPI), with the exception of the childcare element.

The Chancellor confirmed the Budget 2007 measures to increase the income threshold below which WTC can be claimed in full by £1,200 to £6,420 and the increase in the withdrawal rate for tax credits by two percentage points to 39 per cent.

In addition, from April 2008, the disregard of tax credits in Housing Benefit will increase in line with RPI.




Pensions and Retirement

In an effort to provides security for the poorest pensioners and rewards those with modest savings, the Government will increase the Pension Credit standard minimum guarantee to £124 for single pensioners and to £189 for couples in 2008-09, a rise of £5 a week for a single person and £7.65 a week for a couple.

Part of the newly-announced anti tax-avoidance measures will prevent the use of scheme pensions and annuities to enable inheritance of tax-relieved savings and ensure that UK tax-relieved pensions funds in overseas schemes continue to be protected from the Inheritance Tax Threshold.




Inheritance Tax

One of the biggest and most talked-about announcements was the change to the Inheritance Tax Threshold (IHT). Because there is no IHT paid on assets passing between married couples or civil partners, anyone leaving all their assets to their spouse does not make use of their individual tax-free allowance of £300,000. To address this imbalance, all married couples and civil partners will automatically benefit from double the standard inheritance tax allowance.

In real terms, this means that if a person’s tax-free allowance is not used on their death, it can be transferred to their surviving spouse or civil partner, enabling every married couple or civil partnership to benefit from double the tax-free allowance (£600,000 in 2007/08) in addition to spouse relief. The IHT allowance will rise by April 2010 to £350,000 for individuals and £700,000 for couples.

The Government has also extended this entitlement to the three million existing widows, widowers and bereaved civil partners.




Capital Gains

A major reform to capital gains tax will be introduced via a single rate of 18 per cent from 6th April 2008. The Government aims to ensure a more sustainable system that is straightforward and internationally competitive

As part of this new system the annual exempt amount (currently £9,200) will remain in place, but taper relief and indexation allowance will be withdrawn.

For some entrepreneurs, business creators and private equity chiefs, who now pay only 10 per cent tax, this reform represents a steep tax rise. However for many ordinary investors in the stock market or property who currently pay up to 40 per cent tax on their capital gains, this will be welcome news.




Companies

Changes to the tax system will have an impact on businesses, particularly in light of new anti tax-evasion measures and the new capital gains rules.

Other measures include an amendment to the regulations on the tax treatment of loans and derivatives that hedge a company’s currency risk from investment in foreign operations, to ensure only the “hedged” position is taxed, with effect from 1 January 2008, followed by more extensive changes in 2009.

The taxation of small unincorporated businesses will be reduced by £50 million in 2009-10, as the self-employed already pay income tax and national insurance contributions on their business profits.

A flaw in the legislation governing the sale of leasing companies, which is resulting in an unintended tax charge and could prevent genuine commercial restructuring, will be removed via legislation with retrospective effect from 5 December 2005.

The Government announced continued support for business and the promotion of enterprise, including the allocation of a total of three rounds of Enterprise Capital Funds at £50 million per year.




Company Cars

Where a car is provided for an employee’s private use, a taxable benefit arises which is based on the list price of the car and its CO2 emissions. The percentages range from 15% to 35% for most cars. There are currently discounts available for environmentally friendly cars and from 6 April 2008 there will be a 2% discount for cars that have been manufactured to run on E85 fuel.

If fuel is provided for private motoring then a fuel benefit tax charge arises based on the percentage used for the car benefit and a ‘multiplier’, which is currently £14,400. For 2008/09 the figure will increase to £16,900.




Flight Tax

From 1 November 2009, air passenger duty will be replaced with a duty payable per plane.

Other transport measures include free off-peak bus travel to all residents in England over the age of 60 and eligible disabled people from April 2008, and £15 billion of Government funding in the rail network over five years. The road pricing scheme is also being taken forward.




The Economy

The Chancellor warned that there will be more economic pain because of the world financial crisis.

UK economic growth is predicted to slow from 3 per cent in 2007 to 2-2.5per cent in 2008, a reduction from the previous forecast of 2.5-3per cent made in the Budget 2007.

The current instability is likely to slow growth in the US and EU, but the Chancellor is optimistic that the UK would grow faster in 2007 than any other major economy.

Public finances should still be in a strong position, especially if growth returns to its forecast level of 2.5 per cent to 2.75 per cent in future years, but the Government's public sector overall borrowing would increase by £4billion in 2008 to £38bn. The Chancellor seemed confident of long-term improvement, however, predicting a decline in Government public sector borrowing to £25bn by 2011/12.




Income Splitting

New legislation that will hit joint-business owners who split their incomes to ease the tax burden will come into force next April.

It is aimed squarely at ‘husband and wife’ firms, which, like tens of thousands of other businesses, draw payment by income shifting between spouses. This is being introduced following the Arctic Systems case.

HM Revenue & Customs spent four years, in vain, trying to persuade judges that Geoff and Diana Jones, the company’s owners, avoided tax in this way and so broke the law.

The government has announced that draft legislation to take effect from 2008/09 to address income shifting will shortly be issued for consultation. The legislation will work alongside the existing rules on businesses deductions and settlements, and will seek to remove the tax advantage obtained from income shifting. It would only apply when the income is in the form of distributions from a company (dividends) or partnership profits.

HMRC will provide ‘practical guidance’ on the legislation as to the circumstances which may not be caught by the legislation. Relevant factors to consider when establishing whether or not income shifting has taken place could include the work done by the individuals in the business, the investments made and the risks to which they are subject through the business.

Income from employment, interest on savings and any other source will not be affected.




Budget proposals may be subject to amendment in the Finance Act. You are advised to seek professional advice before taking any action as a result of the contents of this summary.

For more Information visit our website here:
Danbro - Accountants for Contractors




About the Author

Danbro - Umbrella company providing Umbrella services to contractors across the UK

Europe 2010 - Delivering Inclusive Growth: Lessons from the Lisbon Strategy

S'Pore - Employer force employee to work overseas in tourist visa?

My employer, send me to overseas to work for long term in Visit Visa / Tourist Visa;
Initially they assure they will process employment visa, but they drag for months by the time the project get over.

Under the immigration law of most countries, a tourist visa cannot be used to work. However, if you are not caught in the country where you work it is just alright. But in case you are imprisoned, you can file a case against your employer in Singapore for damages.

TodaysNetworkNews: NEPAL: WOMEN CRUELLY EXPLOITED IN FOREIGN EMPLOYMENT (UNTV)

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UK Employment Law - advice required?

My wife works for a company that has a contract with one of the UK supermarket companies, which requires her to work in one of the supermarket's stores. She is employed solely by the contractor, not the supermarket. One of the supermarket employees, who has no direct supervision or any other working relationship with her, has put in a number of unfounded complaints about my wife's work to the store's management and

Found several sites:
www.emplaw.co.uk/
www.employment-solicitors.co.uk/

here a couple

Just Employment, employment law solicitors services for employers

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How do I initiate a claim for constructive dismissal under Uk employment law. I know I have a good case.?

Look at linked sites for help.

Go to seek legal advice at a free law shop or such like.

And good luck!

Unfair dismissal compensation

Who is the best child support attorney to assist in a difficult child support case in the United States?

The situation is that I work overseas as a government contractor. I am paid from hazard pay, relocation, base pay which changes when I go on vacation to a lesser amount. My net income is $50,000 a year.
I started the case in the courts against my daughter mother but had to return to the middle-east for work. I gave my attorney rights to represent me to get my ligitimation and visitation rights. I paid $350 support voluntary for my daughtter without being ordered by a judge or court. Last, was for the judge to calculate the child support which he stated he followed the formula for Georgia. He ordered me to pay $1230 monthly for whatever time employed overseas. I am not permanent, just a contractor which employment can end any day. I did the hearing on the phone with the courts. Can this case be appealed if I get a great attorney who knows the law and US civilians working international?

Many states have moved to the use of formulas based on income. When your income changes, you would go back to the Court. You could ask for an agreement that specifies the amount to be paid from your income if it varies monthly without going to Court each time your income changes, but keep in mind that no agreement that is contrary to your daughter's interests will ever be legally binding (I mean that no agreement that will give her less than she is enitled to under the formula can be binding).

The overseas employment shouldn't matter. You need to check with your lawyer or another lawyer to explain the Georgia formula to you, so you understand this baseline and make sure that they aren't adding something into your income incorrectly. The law defines what is income.

Any order can be reopened if the formula wasn't applied correctly, but it would surprise me if the Judge, your attorney and your ex's attorney all made a mistake.
You can find other divorce or family law experts in your area of Georgia on Martindale.com, doing a search of all lawyers by location and specialty.

AMC News Dispatch 2009 - Edition 22: Women's Equality Day

[mage lang="" source="flickr"]uk employment law discrimination[/mage]
Do I have a case of discrimination.?

I was told I can't join the Royal Navy because of a conviction until its spent. Yet I read somewhere that it is against the law for an employer to refuse you employment on a criminal record, is there any grounds to this? This is a UK question!

You may want to speak to a lawyer/solicitor/barrister. They will probably give you the most accurate assessment of your potential for a discrimination case.

Caring and discrimination

[mage lang="" source="flickr"]uk employment law holiday entitlement[/mage]
uk employment law holidays?

i heard that later this year it will be illegal for your employer to deduct bank holidays from your annual holiday entitlement.is this true and when does it come into effect.

Hi - as from october the legal minimum holidays will increase to 25 days. Your employer can deduct bank holidays from this entitlement. However this should be stated in yuor contract of employment.
Go to acas website for the exact details.