TUPE Update – Mitigating The Risk – November 2013

Draft Amendment Regulations Published
The Government published draft Regulations to amend TUPE on 1 November. This follows the publication of the Government’s response to the consultation process on reforming TUPE in September 2013 (“Consultation Response”) (see earlier Briefing Note). In brief, the key headlines are as follows.
Timing
The current indication is that the draft Regulations will be laid before Parliament in December and that the amendment Regulations will come in to force in January 2014.

TUPE and […]

By | November 27th, 2013 ||

South Africa: Retrospective Reinstatement: Quantifying Back Pay

Where an employee has been unfairly dismissed, the court may order that the employer reinstate the employee retrospectively with back pay. The rationale behind such an order is to place the employee in the position he or she would have been in save for the dismissal.

The question then is whether the back pay is inclusive of any other employee benefits, financial or otherwise, provided for in the employment contract or company policy.

In the case […]

By | November 27th, 2013 ||

United States: The Pay Gap, The Glass Ceiling, And Pay Bias: Moving Forward 50 Years After The Equal Pay Act

I. INTRODUCTION
When the Equal Pay Act (“EPA”) became law in 1963, women earned approximately 59 cents for every dollar a man earned.1 Women today are earning roughly 80 cents on the dollar.2 While the past 50 years have seen extraordinary progress for women, the persistence of a 20 percent gender pay gap, coupled with the rapidly growing population of women in the workforce, has caused the government to reinvigorate its efforts to enforce and strengthen pay […]

By | November 26th, 2013 ||