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Weekly Issue 106 - December 2005

Labour & European Law Review Download issue

In the news

Age Positive, the website run by the Department for Work and Pensions, has compiled 20 key facts that businesses need to know about age legislation.

Working time gentlemen please

The Working Time Regulations (WTR) 1998 state that a worker's average working time should not exceed 48 hours, on average, per week. However, workers can agree individually to opt out from them.

Working holiday

Although the Working Time Regulations (WTR) were introduced in October 1998, they did not become effective in a number of sectors (such as air) until 1 August 2003.

Sick of holidays?

Under the Working Time Regulations (WTR) 1998, workers are entitled to four weeks' paid annual leave.

Personality plus

Under section 98 of the Employment Rights Act 1996, employers can rely on a number of potentially fair reasons to challenge a claim of unfair dismissal.

A shoddy compromise

In order to protect workers from unscrupulous employers, the law says that they cannot contract out of their statutory rights unless they sign a compromise agreement, which has to satisfy certain specific requirements.

Tiptoe through the TUPE

There are a number of tests that have been applied by the European Court of Justice to establish whether, and in what circumstances, the Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE) apply.

Trade secrets

Employers sometimes insert restrictive covenants in employees' contracts so that they do not give away any trade secrets when they leave. But what happens if an employee is sacked for refusing to agree to them?