Archives for 2006

Introduction

Many small businesses would not be able to put in a tender bid based solely on their own resources.  Pooling resources with other businesses opens up a whole new area of work. This article discusses the main options available to businesses wishing to work with other businesses in order to win a tender bid.

This article deals with joint ventures in their many guises and lead contactor/sub-contractor relationships. 

Joint Venture

Joint ventures occur where two or more businesses work together either on a particular proposal or as a continuing business. Joint ventures are commonly run through: 

1. a limited company;
2. a partnership; or
3. a consortium

An employee who unreasonably refuses reinstatement, or an offer of suitable alternative employment, in either case to be available within four weeks of his dismissal, will not be entitled to statutory redundancy pay (ERA 1996 s.141 (3) & (4)).

On the other hand, if an employer has alternative work available but does not offer it to the redundant employee, the redundancy dismissal of that employee may well be unfair dismissal entitling the employee to compensation greater than he would get as redundancy pay. If an associated employer has alternative work available but does not offer it to the redundant employee, the redundancy dismissal of that employee may well be unfair dismissal.

A trade union, which aspires to recognition, will in the first instance seek to persuade the employer to agree to recognise it voluntarily. If the employer does not agree to recognise the union the union will have to follow the statutory procedures. 

Statutory procedures cannot be used against a small employer; that is, one who employs fewer than 21 workers. Such an employer may voluntarily agree to recognise a union, but he may not be compelled to do so.  Where the employer is part of a group of associated employers, then it is the size of the group, which matters, not necessarily the size of the particular employer by whom the union seeks to be recognised.

This guide will consider the following:

1. The Nature of Agency Agreements;
2. Types of Agency Agreements;
3. Tax Issues;
4. The Law and Agency Agreements; and
5. Common Terms in Agency Agreements.

In March 2006 the DTI published the final draft of the Employment Equality (Age) Regulations 2006 (“The Regulations”). The Regulations deal with age discrimination in the workplace and will come into force on 1 October 2006. Those who can claim protection from discrimination on the grounds of age under the draft regulations include former, actual and prospective partners.

Scope of Data Subject Access Requests (“DSAR”)

The nature and quantity of data held by employers has increased dramatically over the last few years.  Gone are the days when employers only held details such as a employee’s home address, start date and payroll records.  How then to deal with potentially onerous DSARs? 

For employers there was a very welcome reprieve in the case of Durant v Financial Services Authority [2003] EWCA Civ 1746.

Mr Durant was a Barclay’s Bank customer who had been unsuccessful in litigation against them.  He subsequently complained to the Financial Services Authority (FSA).  The FSA investigated the complaint but closed its file without telling Mr Durant the outcome, asserting that they had a statutory duty of confidentiality.  Mr Durant complained to the FSA Complaints Commissioner.