That’s how the cookie crumbles…

Are you prepared for the changes which will apply to your use of cookies?

The changes were brought in by the Privacy and Electronic Regulations in May of last year.  However the government recognised that businesses would need some time to make the necessary changes to comply and announced that they would not enforce the new regulations until 26 May this year. 

What are the new requirements?     
If your business uses a website and you use cookies, you will need to review how you use them.  Until now users of a website have been given an ‘opt-out’ option whereby they can opt not to allow cookies to be used on their computer.  As from next month users will be required to ‘opt-in’.  That is to say websites must obtain consent from users to place cookies on their computer and they must also provide clear and comprehensive information about the purpose of the cookies. 

What should I do to prepare for the changes?  
If you use cookies you must consider how you will obtain consent from users of your website.  There has been much debate about how this can be done. 

If you would like to discuss the options and find out more about the regulations, please contact Sarah Miles who will be happy to discuss this with you. 

Alternatively come and see Sarah Miles at the Harlow Business Briefing, Park Inn May 3rd.  For more information contact marketing@nockolds.co.uk

Sarah Miles (profile) Tuesday 24th April 2012
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Time off work to care for dependents.

If an employer refuses a holiday request and the employee takes time off without permission then disciplinary action can be taken against the employee. If the employee takes sick leave having had the holiday request denied then the employer may require a medical certificate to be provided to confirm that the employee was genuinely sick.

However all is not entirely lost as employees who are parents with children have the right to take a ‘reasonable amount’ of time off during their working hours in order to take ‘action which is necessary’ because of the ‘unexpected disruption……of arrangements for the care of a dependent’. In these circumstances the employer can only refuse 

1) where it is not necessary for the employee to take time off and

2) where the amount of time off work requested by the employee is unreasonable.

When considering the issue of whether or not ‘it is necessary to take the time off’ an Employment Tribunal would consider the nature of the request, ie school closure, the relationship between the employee and the child that is to be cared for and the extent to which anyone else can provide assistance, for example another relative or friend.

Another consideration for the Employment Tribunal is whether or not knowing a school is to be closed in a week’s time would be classed as ‘unexpected or sudden’. In a recent case a mother was given 2 weeks’ notice of the unavailability of her child-minder. Unable to find alternative arrangements she stayed off work and was subsequently disciplined by her employer. The Employment Appeal Tribunal found in her favour confirming that her circumstances were sufficiently ‘unexpected’.

Each case should be treated individually and whether or not a particular employee would be protected by Employment Legislation is dependent on the specific circumstances. If you would like any further advice on this or any employment issue contact Bev Moseley on b.moseley@nockolds.co.uk or 01279 712501

Bev Moseley (profile) Monday 28th November 2011
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Vince Cables Speech to the EEF on Employment Law Reform.

Following the Governments review of Employment Legislation, Vince Cable yesterday outlined a ‘package of measures’ which could lead to radical changes in Employment Law in an attempt to reduce the number of Employment Tribunal Claims which has risen 44% since 2008-2009.
Mr Cable set out 17 proposals. The main ones being:

1. Increasing the qualifying period for an employee to bring a claim in the Employment Tribunal to increase from 1 to 2 years in April 2012.

2. The introduction of fees for bringing an Employment Tribunal  claim.

3. For all claims to be lodged through ACAS for an attempt at conciliation before claims are lodged with an Employment Tribunal.

4. Financial penalties for employers who breach employment rights.

5. Consultation on the introduction of ‘protected conversations’ which would allow discussions with respect to issues such as retirement without the discussion becoming evidence at any future Tribunal Hearing.

6. Consultation on the reduction of time for consultation on Collective Redundancies

• Mr Cable also set out a number of proposals in his speech that had previously not been disclosed. These include:

1. For CRB checks to become ‘portable’ from 2013
2. Consultation on a ‘no-fault’ dismissal for businesses with 10 or less employees making it easier for small business to deal with dismissals.
3. A ‘Slimming down’ of the current dismissal process to provide a simpler quicker process for small businesses
4. A proposal to extend the right to request flexible working and parental leave.

Mr Cable also announced that there is to be a fundamental review of the Employment Tribunal Rules of Procedure which currently determine each step of the procedure of bringing a claim from starting the claim through to a full Hearing or the withdrawing of the claim.

In the drawing up of these proposals the Government has considered 159 Employment Law Regulations and is looking to either merge, simplify or indeed ‘scrap’ 40 % of them, however some of the proposals will lead to requirement of new Legislation and the interpretation of such new laws.

If you would like any further information with respect to any of the proposals or on any employment issue contact our employment team on: 01279 712 501 or email Bev on bmoseley@nockolds.co.uk

Bev Moseley (profile) Wednesday 23rd November 2011
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6 Years in Prison for a £500 bribe

Mr Patel was convicted earlier this year of accepting a bribe of £500 to avoid putting details of a traffic summons on a Court database.  He has now been sentenced to 3 years in prison for receiving the bribe and 6 years in prison for misconduct in a public office.  The sentences will run concurrently.

This is the first conviction since the new Bribery Act came in to effect and shows the severity of the penalties the Courts are likely to impose on anyone convicted of offences relating to bribery.  Businesses should therefore be mindful of their duties to prevent bribery occurring in the workplace and ensure that they have sufficient procedures in place to prevent bribery.

If any business requires assistance with this please contact our Gary Smith on 01279 712 502 who will be happy to advise you on how to protect your business.

Gary Smith (profile) Friday 18th November 2011
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Nockolds Commercial Newsletter

Find out more about the legal changes that will have an impact on business owners in the next 12 months.

Darren Hayward, Managing Partner, provides a no nonsense summary of the impact of the Agency Workers Regulations which cuts through the hype and the scare mongering;

Alfonso Valero outlines the positive steps that have been taken to help businesses collect their debts abroad, and

Lynn Cowley, provides an essential guide to the issues facing business owners on divorce.

To find out more click here and download your copy.

To receive your free regular copy sign up here.

Alfonso Valero (profile) Bilyana Zilic-Munic (profile) Darren Hayward (profile) Erin Duffy (profile) Lynn Cowley (profile) Natalie Morris (profile) Pete Dodd (profile) Sarah Miles (profile) Monday 31st October 2011
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