in conjunction with asbLaw

 


Scroll down the page for a summary of each factsheet or click on the links below to go to each section:

  1. Directors Duties
  2. Working Time Regulations
  3. Workforce Representation
  4. Age Discrimination


Directors duties

The Companies Act 2006 is the largest piece of legislation to ever be enacted and will be fully implemented by October 2008. This

will include legislation on directors’ duties.

This article explains the current position of directors and their responsibilities and the implications of the new rules. The impact of these new duties and derivative actions are also discussed.

Download Director's duties

It also provides a description of the new general duties:
+ S171 - Duty to act within powers
+ S172 - Duty to promote the success of the company for
   the benefit of its members as a whole
+ S173 - Duty to exercise independent judgement
+ S174 - Duty to exercise reasonable care, skill and
   diligence
+ S175 - Duty to avoid conflicts of interest
+ S176 - Duty not to accept benefits from third parties
+ S177 - Duty to declare interest in proposed transaction
   with the company
Working time regulations
This informative paper provides a comprehensive guide to the Working Time Regulations 1998, explaining all the major aspects of them and answering some common queries that arise.

Download Working time regulations

The areas covered are as follows:

+ Areas covered by the regulations
+ Who is the employer?
+ Previously excluded sectors
+ Weekly working hours limit
+ What is working time?
+ How a worker’s average working time is calculated
+ What if a worker is working for more than one
   employer?
+ Unmeasured working time
+ Night workers

+ What is a health assessment?
+ Rest breaks
+ Shift workers
+ Paid annual leave:
+ Bank and public holidays
+ Increasing the statutory entitlement to paid holiday
+ How is a week’s pay calculated?
+ Loss of accrued holiday pay for misconduct
+ Accruing holiday through periods of absence
+ Deducting overpaid holidays
+ Calculating outstanding holiday pay
'+ 'Rolled-up’ holiday
+ Employer / worker agreements
+ Enforcement 
+ implementation and record keeping
+ Summary
+ Further EC derivatives in the previously excluded
   sectors: Road, Rail, Air, Sea, Inland waterway and lake
   transport, Seafishing, Offshore, Junior doctors

Workforce representation
A useful read for large and medium sized employers, this is an overview of the Information and Consultation of Employees
Regulations 2004 (the “ICE Regulations”) and provides advice for employers on this topic.

Download Workforce representation

The guide is broken down into the following sections:

Information and Consultation
+ Trigger 
- Negotiating an agreement 
- Default procedures 
- Pre-existing agreements 
- Enforcement

+ European works councils
+ Workplace partnerships
+ Trade union recognition
+ Determining the bargaining unit
+ Obtaining recognition
+ Employee rights on recognition
+ Alternatives to trade union recognition
+ The employment relations act 2004
+ When to seek advice

Age discrimination

This document details the essential facts about the new age discrimination legislation and is an indispensable guide for line managers, HR and anyone else that needs to know about any aspect of age discrimination.

Download Age discrimination

The following areas are covered:
+ Background
+ Unlawful discrimination
+ Justification
+ Defence

+ Liability and compensation -
+ Service related pay and benefits
+ Retirement
+ The duty to inform
The right to request
The duty to consider
Unfair dismissal
Redundancy payments
Effect on other employment legislation
Age discrimination and pensions
Action points for employers and questions to be asked
 
finding talent where others fail