Employment Law News

New Changes to Employment Law Legislation

Fri, 13 Apr 2012 01:31:03 +0100

6 April is one of the two regular dates each year on which new employment laws come into force. As foreseen - last week, some important changes came into force regarding Statutory Payment Rates, Unfair Dismissal Qualifying Period, Tribunal Procedure, and Compromise Agreements.

Are you being Discriminated against at work?

Thu, 24 Dec 2009 11:15:50 +0000

In almost all areas of discrimination law, someone who claims that they have been unlawfully discriminated against will have to demonstrate ‘less favourable treatment’ by identifying a comparator...

A Summary of Employment Law Advances in 2010

Fri, 22 Oct 2010 11:13:14 +0100

Some of the Most Significant Employment Law Advances of 2010 have been...

Race Discrimination

Fri, 18 Sep 2009 11:17:39 +0100

Even though an employer may have good intentions this is not a defence...

A Summary of Employment Law Advances in 2009

Mon, 4 Jan 2010 11:38:39 +0000

In this update, we comment on a number of changes that impacted businesses in 2009...

Sick employees must request holidays to get holiday pay

Tue, 15 Nov 2011 09:46:01 +0000

As regular readers of our updates will be aware, there has recently been a tide of court judgments upholding the rights of long-term absentees to receive holiday pay under the Working Time Regulations, whether during or on termination of employment. Employers will therefore welcome a new decision of the Employment Appeal Tribunal (EAT) which provides that such employees may only be entitled to receive paid annual leave if they actually apply for holidays whilst they remain off sick.

Employment Law Reforms

Tue, 22 Nov 2011 04:22:17 +0000

Employment law reform has recently become a hot topic for the mainstream political media in a way that perhaps we have not seen since the 1970s. The reforms to unfair dismissal law and tribunal procedure proposed by the coalition last week are set to have a significant impact on employment rights for employers and employees alike.

Justifying Discrimination on the Grounds of Cost

Tue, 27 Mar 2012 02:33:12 +0100

It is a well known principle of law that discrimination cannot be justified on the basis of cost alone. Intuitively, this makes sense, as otherwise it would be open to employers to simply decide to discriminate against certain groups within their workforce on the basis that doing so was cheaper than providing their workforce with equal opportunities...

Diamond Jubilee Public Holiday

Wed, 14 Mar 2012 09:51:43 +0000

It has been announced that the late May public holiday will not take place at the end of May this year, but will be moved to Monday 4 June 2012 instead. It has also been confirmed that the additional public holiday for the Queen’s Diamond Jubilee will take place the following day, Tuesday 5 June 2012.

EAT Finds Refusal of Alternative Employment to be Reasonable

Tue, 14 Feb 2012 10:29:04 +0000

When an employee’s role is declared redundant, it does not automatically follow that the employment relationship will be terminated...

Unfair Dismissal Qualifying Period

Tue, 24 Jan 2012 10:26:49 +0000

In Update 78 we informed you of the Government’s decision to increase the qualifying period for unfair dismissal from one to two years.

Minimum Wage breaks £6 barrier for the first time

Thu, 6 Oct 2011 11:21:58 +0100

Update 99 – Minimum Wage Breaks £6 barrier for the first time

Agency Workers Regulations

Sat, 1 Oct 2011 09:09:58 +0100

The Agency Workers Regulations 2010 are in force from Today. The Regulations introduce new rights for agency workers by providing them with the same rights as employees of the organisation hiring them, subject to certain conditions.

ACAS Guidance on Social Networking - Expert Comments

Thu, 15 Sep 2011 11:45:48 +0100

On 1 September 2011 ACAS launched guidance on its website to help UK employers and employees get to grips with cyber issues which are estimated to cost businesses millions of pounds every year.

ACAS Guidance on Social Networking

Thu, 15 Sep 2011 09:32:12 +0100

On 1 September 2011 ACAS launched guidance on its website to help UK employers and employees get to grips with cyber issues which are estimated to cost businesses millions of pounds every year.

TUPE and Service Provision Changes - Expert Comments

Mon, 12 Sep 2011 11:09:46 +0100

Update 93 - Expert Comments on ‘new’ TUPE (Transfer of Undertakings (Protection of Employment)). A relevant transfer takes place either if the old test is met or if the new ‘service provision change’ test is met. Under the ‘service provision change’ test, there is no explicit requirement for anything to retain its identity post-transfer. All that is required is a change of provider of a service and an organised grouping of workers whose principal purpose pre-transfer was carrying out the service now being transferred.

Age Discrimination Claims Rise Dramatically

Tue, 6 Sep 2011 09:57:40 +0100

The annual statistics for the Employment Tribunal and the Employment Appeal tribunal for April 2010 to March 2011 have recently been published.

Dismissed Worker and holiday pay - Expert Comments

Tue, 23 Aug 2011 02:53:26 +0100

Dismissed Worker entitled to previous year's holiday pay - EAT judgment has determined that a worker who had been on sick leave for an entire leave year was entitled to a payment. Decision has been built upon the well known European Court of Justice case of Pereda.

Dismissed Worker entitled to previous year's holiday pay

Mon, 22 Aug 2011 10:05:30 +0100

A new Employment Appeal Tribunal (EAT) judgment has determined that a worker who had been on sick leave for an entire leave year was entitled to a payment in respect of that previous year’s full annual holiday entitlement, when shortly after the start of the new leave year her employment was terminated.

ECJ Gives Guidance on Justifying Compulsory Retirement - Expert Comments

Fri, 29 Jul 2011 11:23:25 +0100

Update 94 Expert Comments - Regular readers of our updates will know that (subject to transitional arrangements where the process started prior to 6 April this year) it is no longer possible for UK employers to compulsorily retire employees at a particular age unless they are able to establish an ‘employer-justified’ retirement age.

ECJ Gives Guidance on Justifying Compulsory Retirement

Fri, 29 Jul 2011 02:42:47 +0100

Update 95 - A new decision of the European Court of Justice (Fuchs V Land Hessen) has given some useful guidance on what might amount to ‘justification’ under the EU Framework Directive on Equal Treatment.

Right to legal representation at disciplinary hearings - Expert Comments

Fri, 8 Jul 2011 11:44:09 +0100

Expert Comments for Update 93 - The UK Supreme Court has decided that a teaching assistant was not after all entitled to legal representation at disciplinary proceedings related to allegations of sexual misconduct with a child.

Right to legal representation at disciplinary hearings

Fri, 8 Jul 2011 02:25:45 +0100

Update 93 - The UK Supreme Court has decided that a teaching assistant was not after all entitled to legal representation at disciplinary proceedings related to allegations of sexual misconduct with a child.

Case Summary: No discrimination in refusing time off to pray at Mosque during work hours

Fri, 3 Jun 2011 09:09:42 +0100

In a recent case an employee, Mr Cherfi (C) brought a claim against his employer (G4S) for discrimination following their refusal to allow him to leave work to attend Friday prayers at a Mosque.

Government Consults on Further Reforms of Holidays and Parental Leave

Tue, 17 May 2011 11:50:20 +0100

Update 91 - Yesterday, the government opened a consultation process on further reforms to a number of key areas of employment law.

Changes to tax treatment of post-termination payments - Expert Comments

Thu, 14 Apr 2011 11:23:42 +0100

From 6 April 2011 important changes have been made to the rules on taxing post-termination payments operated by HMRC.

Changes to tax treatment of post-termination payments

Thu, 14 Apr 2011 01:15:02 +0100

From 6 April 2011 important changes have been made to the rules on taxing post-termination payments operated by HMRC.

Right to request flexible working is to be extended

Tue, 1 Mar 2011 04:39:19 +0000

The government has announced yesterday that the right of a parent to request a change in his or her working pattern (otherwise known as a request for flexible working) will be extended to parents with children under the age of 18 from the 6 April 2011.

Shared Parenting - Expert Comments

Wed, 9 Feb 2011 11:56:43 +0000

It has been announced that the Department of Business, Innovation and Skills will launch a consultation process to explore proposals to implement a new flexible working system by 2015.

Shared Parenting

Wed, 9 Feb 2011 01:18:59 +0000

It has been announced that the Department of Business, Innovation and Skills will launch a consultation process to explore proposals to implement a new flexible working system by 2015.

New Employment Laws - Expert Comments

Thu, 27 Jan 2011 11:59:30 +0000

Government makes first major announcement on new Employment Laws

Abolition of Default Retirement Age

Fri, 14 Jan 2011 03:27:15 +0000

Update 84 - Abolition of the Default Retirement Age has been confirmed by the goverment

Miriam O'Reilly Wins Ageism Claim

Thu, 13 Jan 2011 03:48:45 +0000

Update 83 - Miriam O'Reilly, celebrated this week after bringing a successful action against the BBC for removing her from the programme on the grounds of her age.

Guidance on adequate anti-bribery procedures

Wed, 12 Jan 2011 11:16:49 +0000

The Bribery Act 2010 is due to come into force on 1 July 2011. The Act extends to all parts of the United Kingdom.

Bribery Act 2010

Wed, 12 Jan 2011 11:29:49 +0000

Update 83 - Bribery Act 2010

Unfair Dismissal Compensation

Thu, 23 Dec 2010 03:52:39 +0000

Update 81 - Unfair dismissal compensation breaks £80,000 barrier.

Payment of employees unable to attend work - Expert Comments

Sat, 18 Dec 2010 11:53:33 +0000

Expert Comments for Update 82 - Are employees entitled to be paid if they are unable to attend work?

Payment of employees unable to attend work

Sat, 18 Dec 2010 12:45:37 +0000

Update 82 - This week's snowfalls and icy conditions put Britain in to hold. These events started nationwide debate regarding employees entitlement to be paid in case they are unable to attend work.

The Royal Wedding - Public Holiday Expert Comments

Fri, 26 Nov 2010 11:50:17 +0000

The Royal Wedding - Are employers required to give employees a public holiday?

The Royal Wedding - Public Holiday

Fri, 26 Nov 2010 12:35:53 +0000

Update 80 - The Royal Wedding - Are employers required to give employees a public holiday?

Avoid Employees Challenging redundancy scoring - Expert Comments

Tue, 16 Nov 2010 11:27:47 +0000

Update 80 - Expert Comments on how to Avoid Employees Challenging their Redundancy Scores...

Information to challenge redundancy scoring

Tue, 16 Nov 2010 10:45:05 +0000

Update 79 - Employees must get enough information to challenge redundancy scoring

Unfair Dismissal Qualifying Period

Thu, 4 Nov 2010 05:25:39 +0000

Update 78 - Recent proposal to increase Unfair Dismissal qualifying period to two years

When is the dismissal effective? - Expert Comments

Tue, 19 Oct 2010 11:32:49 +0100

Update 81 - Expert Comments on Dismissal. How to Determine the Effective Date.

Dismissal by letter – When is the dismissal effective?

Tue, 19 Oct 2010 06:55:50 +0100

Update 77 - Identifying the effective date of termination is more than an academic point.

Harassment by Third Parties

Thu, 30 Sep 2010 10:38:14 +0100

Update 76 - From tomorrow employers are accountable and liable for third party harassment of its employees in particular circumstances.

Harassment by Thirds Parties - Expert Comments

Tue, 28 Sep 2010 11:54:03 +0100

Update 82 - New legislation means employers could be liable for employee harassment.

The Pay Gap and the Private Sector - Expert Comments

Wed, 22 Sep 2010 11:08:08 +0100

Update 83 - Expert Comments on equal pay claims

The pay gap and the private sector

Wed, 22 Sep 2010 01:20:57 +0100

Update 75 - Latest news from The Equality and Human Rights Commission (EHRC) regarding equal pay provision.

Employer Rules for Pre-Employment Questions - Expert Comments

Thu, 2 Sep 2010 11:18:55 +0100

Update 84 - Expert Comments on what health questions can be asked of prospective employees...

Pre-employment health questionnaires: Rules for employers

Thu, 2 Sep 2010 04:11:42 +0100

Update 74 - Following the prospective implementation of section 60 of the Equality Act on 1 October 2010, there will be a general prohibition on asking pre-employment health questions of applicants.

Default Retirement Age to be gone - Expert Comments

Fri, 30 Jul 2010 11:28:23 +0100

Update 85 - Abolishing the Default Retirement Age: What does it mean for you?

Default Retirement Age to be gone next year

Fri, 30 Jul 2010 12:35:01 +0100

Update 73 - Yesterday, the Government began the consultation process on its plan to abolish the Default Retirement Age (DRA) of 65 on 6 April 2011.

Time Off for Sporting Events? Expert Comments

Thu, 15 Jul 2010 11:56:35 +0100

Update 87 - Dealing with employees during Major Sporting Events

Sharing Maternity Entitlements - Expert Comments

Thu, 15 Jul 2010 11:37:35 +0100

Update 86 - Sharing Maternity Leave Entitlements

Sharing Maternity Entitlements

Thu, 15 Jul 2010 03:26:07 +0100

Update 72 - All employees falling pregnant from July 2010 onwards will benefit from regulations which will soon be in force enabling the mother to transfer some of her maternity leave to the father as Additional Paternity Leave.

First Provisions of the Equality Act will be implemented in October 2010 - Expert Comments

Fri, 9 Jul 2010 11:02:49 +0100

Equality Act expected in three months time - check for direct impact on you

First Provisions of the Equality Act will be implemented in October 2010

Fri, 9 Jul 2010 09:12:40 +0100

Update 71 - A press release published on the Government Equalities Office’s website has now confirmed that the first provisions of the Equality Act will be implemented on 1 October 2010.

Coalition Plans to 'Phase Out' Default Retirement Age - Expert Comments

Wed, 30 Jun 2010 11:14:47 +0100

It remains to be seen what shape the phasing out of the default retirement age will take. An obvious option is to increase the default retirement age in increments of a year or two at a time, before abolishing it altogether. It is therefore realistic to imagine that by the end of the next full session of Parliament, the current default retirement age of 65 may be gone.

Emergency Budget - Employment Law Implications

Mon, 28 Jun 2010 10:51:03 +0100

Update 70 - The measures that the new Government are taking to address the country’s deficit have been well documented. We reveled implications for employment law.

Time Off for World Cup Games?

Tue, 15 Jun 2010 03:26:21 +0100

Update 69 - Recent surveys have shown that 1 in 10 employees will take sick leave from work to watch matches during the World Cup.

Coalition's focus on employment policy

Tue, 25 May 2010 12:24:26 +0100

Update 68 - As part of our focus on the new Coalition Government’s legislative programme for employment policy, we outline below the main issues highlighted in the recently published ‘Programme for Government’.

Coalition Plans to 'Phase Out' Default Retirement Age

Fri, 14 May 2010 09:13:34 +0100

Update 67 - Default Retirement Age Made its way to headlines when recent coalition agreement plans has been reveled.

Time off For Training - Expert Comments

Tue, 6 Apr 2010 11:09:30 +0100

Update 88 - Employers will soon have the right to request time for training no matter what the size of your company is...

Time Off for Training

Tue, 6 Apr 2010 12:07:19 +0100

Update 66 - Today's employment law news headline.

Fit Notes - New Law in 2010

Tue, 6 Apr 2010 09:37:26 +0100

Update 65 - Today the familiar ‘sick note’ that GPs supply to employees has been abolished. It is replaced with the new ‘fit note’

What is a Fit Note? - Expert Comments

Fri, 26 Mar 2010 11:01:01 +0000

Update 65 - Fit Notes are about to replace Sick Notes what does it mean?

European Parliament Committee Pass Draft to Extend Maternity Leave

Thu, 11 Mar 2010 11:35:28 +0000

A European Parliament committee have passed a draft leg to extend maternity leave across Europe to 20 weeks on full pay...

Changing Terms and Conditions of Employment

Wed, 24 Feb 2010 09:25:49 +0000

Expert Comments for Update 64 - To change employees’ terms and conditions of employment you require their consent.

Pregnant Worker Risk Assessment

Thu, 11 Feb 2010 11:31:10 +0000

The Employment Appeal Tribunal has held that an employer will only be required to carry out a risk assessment for a pregnant worker if...

Changes in Compensation Limits - Expert Comments

Mon, 1 Feb 2010 11:18:43 +0000

Update 63 Expert Comments - The Employment Rights (Revision of Limits) Order 2009 applies from today, 1 February 2010.

Changes in Compensation Limits

Mon, 1 Feb 2010 02:09:19 +0000

Update 63 - Maximum compensatory award for unfair dismissal has been revised down.

Employment Legislation - What Should you be Looking Out for in 2010?

Thu, 14 Jan 2010 11:24:43 +0000

There were many developments in employment law in 2009 with new legislation from Parliament and many important cases being decided by both domestic and international Courts. In our view the pace of change is not likely to lessen in 2010...

The abolition of the default retirement age - Frequently asked questions

Thu, 14 Jan 2010 11:16:16 +0000

With the approaching abolition of the national default retirement age of 65 on 6 April 2011, we have compiled below answers to some of the most frequently asked questions about compulsorily retiring your employees.

Employment Law Forecast 2010

Fri, 8 Jan 2010 02:41:24 +0000

Update 62 - The Equality Bill passed its second reading in House of Lords and now is awaiting final legislation procedures and amendments.

A Christmas Cracker

Fri, 18 Dec 2009 03:10:59 +0000

Update 61 - Changes that impacted on your business in 2009.

Duty to Make Reasonable Adjustments - Expert Comments

Tue, 24 Nov 2009 11:32:57 +0000

Expert Comments to Update 60 - Adjustments can be made to any employment arrangements or to any physical feature of the workplace.

Duty to Make Reasonable Adjustments

Tue, 24 Nov 2009 08:10:01 +0000

Update 60 - Latest news from Employment Appeal Tribunal regarding adjustments to employment arrangements or to any physical feature of the workplace

Government Announces Review of Retirement Age

Fri, 6 Nov 2009 10:42:23 +0000

Update 59 - The Government’s decision to bring forward this review as outlined in its 'Building Society for all Ages' strategy is important...

Holiday Entitlement During Periods of Sick Leave - Further Expert Comments

Fri, 25 Sep 2009 11:32:56 +0100

Update 58 - Expert Comments on Holiday Entitlement During Periods of Sick Leave. How does the affect Employers?

Holiday Entitlement During Periods of Sick Leave - Further Developments

Fri, 25 Sep 2009 01:28:18 +0100

Update 58 - Erlier this month the ECJ has definitely decided that where an employee is on sick leave prior to the start of a scheduled period of annual leave, under the Working Time Directive, the employee can choose not to take that period of annual leave, but to take the annual leave at another time once he or she has recovered, even if that means it cannot be taken by the end of the current leave year.

Motive is no Defence - Expert Comments

Mon, 14 Sep 2009 11:45:25 +0100

Update 57 - Expert Comments for employers dealing with sensitive issues involving employees who fall into a protected category under discrimination law.

Motive is no Defence

Mon, 14 Sep 2009 11:01:29 +0100

Update 57 - New case from Employment Tribunal sends warning to employers who deal with sensitive issues involving employees who fall into a protected category under discrimination law.

Importance of Accurate Documentation - Expert Comments

Fri, 21 Aug 2009 11:08:47 +0100

Update 91 -Do you have the right type of contracts for employees? You may have to pay and may or find yourself defending claims that can only be brought by employees

Importance of Accurate Documentation

Fri, 21 Aug 2009 04:42:40 +0100

Update 56 - If a business gets it wrong, then they may find themselves having to pay and may also find itself defending claims that can only be brought by employees.

Alternatives to Redundancy - Expert Comments

Fri, 14 Aug 2009 11:15:27 +0100

Update 92 - There are several alternatives to redundancy, many of them could save time and money for all involved.

Recession to Force More Redundancies

Fri, 14 Aug 2009 09:41:30 +0100

Update 55 - In tough conditions employers face tough choices.

ACAS Report 2008/2009 - Expert Comments

Wed, 5 Aug 2009 11:53:48 +0100

Update 54 - ACAS has recently published its Annual Report for the year ending 31 March 2009. There are a number of important findings contained within the report relating to ACAS’ core activities.

ACAS Report 2008/2009

Wed, 5 Aug 2009 02:10:50 +0100

Update 54 - ACAS has recently published its Annual Report.

Holiday Pay Q&A - Expert Comments

Sat, 25 Jul 2009 11:04:40 +0100

Update 52 - Expert Comments for Employers about holiday pay legislation.

Changes to TUPE and Service Provision - Expert Comments

Wed, 8 Jul 2009 11:18:16 +0100

Expert Comments to Update 53 - Under ‘new’ TUPE, a relevant transfer takes place either if the old test is met or if the new ‘service provision change’ test is met. Under the ‘service provision change’ test, there is no explicit requirement for anything to retain its identity post-transfer. All that is required is a change of provider of a service and an organised grouping of workers whose principal purpose pre-transfer was carrying out the service now being transferred.

TUPE and Service Provision Changes

Wed, 8 Jul 2009 09:42:44 +0100

Update 53 - The Employment Appeal Tribunal supports "common sense and pragmatic approach".

Holiday Pay Q&A

Thu, 25 Jun 2009 05:35:07 +0100

Update 52 - The recent judgment effectively only relates to the question of which pieces of UK legislation workers can use to claim holiday pay. When the Court of Appeal heard this case some time ago, it decided that the Working Time Regulations provided a self-contained mechanism for claiming holiday pay.

Statutory Redundancy Pay - Expert Comments

Fri, 12 Jun 2009 11:11:20 +0100

Update 51 - The report states that ‘on the grounds of fairness, the Government has decided to introduce a one-off increase in statutory redundancy pay and compensation payments to help those being made redundant without placing undue burdens on employers and the Exchequer’.

Statutory Redundancy Pay

Fri, 12 Jun 2009 11:30:35 +0100

Part-time Workers - Expert Comments

Fri, 5 Jun 2009 11:05:54 +0100

Update 50 - The Employment Appeal Tribunal considered the issue of the ‘correct comparator’ in the case of Carl v The University of Sheffield. This case clarified the interpretation of the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000. The Employment Appeal Tribunal has stated that an employee must point to a real comparator who amounts to a ‘comparable full-time worker’ under Regulation 2(4). It is not possible, in less favourable treatment of part-time workers cases, to use a hypothetical comparator.

Favourable Clarification for Part-time Workers

Fri, 5 Jun 2009 12:46:57 +0100

Update 50 - The recent Employment Appeal Tribunal in the case of Carl v The University of Sheffield clarified the interpretation of the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000.

The Equality Bill 2008-2009 - Expert Comments

Thu, 14 May 2009 11:10:36 +0100

Expert Comments for Update 49 - The Bill is intended to bring together and harmonise the present anti-discrimination statutes in a single Act, as well as strengthening some of the existing laws.

The Equality Bill 2008-2009

Thu, 14 May 2009 03:59:05 +0100

Update 49 - The Bill is intended to bring together and harmonise the present anti-discrimination statutes in a single Act, as well as strengthening some of the existing laws.

The 2009 Budget

Fri, 24 Apr 2009 12:25:52 +0100

Update 48 - The Chancellor announced a one-off increase in a week’s pay for the purposes of calculating the amount of statutory redundancy from £350 to £380. Accordingly, the maximum statutory redundancy payment will rise from £10,500 to £11,400.

HMRC Guidance

Fri, 17 Apr 2009 02:32:08 +0100

Update 47 - The new guidance makes no attempt to address the controversy that has arisen following HMRC’s earlier guidance around the question of an employee’s entitlement to non-cash benefits under a salary sacrifice arrangement during maternity leave or adoption leave.

Important Changes to Disciplinary Procedures

Fri, 3 Apr 2009 04:29:07 +0100

Update 46 - Under the old rules an employer had to follow the ‘standard’ 3 step procedure of writing to the employee, holding a meeting and giving the right of appeal against the resultant decision. The new ACAS Code stipulates that the employer must follow this same procedure as a minimum to show that it has followed a fair process.

Right to Legal Representation at Internal Disciplinary Hearings - Expert Comments

Thu, 26 Mar 2009 11:39:28 +0000

Expert Comments for Update 45 - An example of a situation where care will be required may involve a Nurse who was facing allegations of gross negligence or malpractice, where there was a possibility that the Regulatory body, the Nursing and Midwifery Council, may ‘strike off’ the Nurse from the Roll. If the Nurse in those circumstances asked for legal representation at an internal disciplinary hearing, that request perhaps ought to be granted.

Right to Legal Representation at Internal Disciplinary Hearings

Thu, 26 Mar 2009 02:43:44 +0000

Update 45 - The High Court has decided that in ‘certain circumstances’ an employee is entitled to be represented by a solicitor at an internal disciplinary hearing.

New Employment Laws Come Into Force - Expert Comments

Fri, 20 Mar 2009 11:30:05 +0000

Expert Comments for Update 44 - A number of new employment laws will come into force during April 2009.

New Employment Laws Come Into Force

Fri, 20 Mar 2009 02:07:48 +0000

Update 44 - A number of new employment laws will come into force during April 2009.

Offshore Workers Annual Leave Judgement - Expert Comments

Mon, 16 Mar 2009 11:31:05 +0000

Expert Comments for Update 43 - One might ask – if an employee who works 12 weeks on, 12 weeks off can be forced to take his annual holidays during his periods of 12 weeks off, what is there to stop an employer requiring employees who work a more traditional pattern of 5 days on, 2 days off to take their annual holidays at the weekends? This particular division of the EAT appears to conclude that there is nothing to stop such a practice.

Offshore Workers Annual Leave Judgement

Mon, 16 Mar 2009 12:47:31 +0000

Update 43 - The possible implications of this judgment are in no way limited to offshore workers.

Heyday Appeal

Fri, 6 Mar 2009 12:44:47 +0000

Update 42 - On 5 March 2009, the European Court of Justice handed down its decision in the Heyday Appeal.

Work Place Stress - Expert Comments

Fri, 27 Feb 2009 11:39:51 +0000

Update 94 - Expert Comments on dealing with work place stress.

Work Related Stress

Fri, 27 Feb 2009 02:19:20 +0000

Update 41 - On 25 February 2009 the Health and Safety Executive launched a new website to prevent work-related stress. Peter Brown, Head of the Health and Safety Executive Health and Work Division, said “In the current economic crisis businesses are looking to save wherever possible and managing work related stress effectively could represent some significant savings.”

Working Time Directive - Expert Comments

Fri, 20 Feb 2009 11:57:05 +0000

Update 40 - The Commission’s Opinion is good news for employers who currently require to make use of the 48 hour week opt-out. The Commission said that “while being in principle supportive of the eventual phasing out of the opt-out, the Commission does not consider that the present conditions allow for the phasing-out of the opt-out”. The Commission also considered various other proposals of the European Parliament to amend the Directive.

Working Time Directive

Fri, 20 Feb 2009 12:57:43 +0000

Update 40 - The Commission’s Opinion is good news for employers who currently require to make use of the 48 hour week opt-out.

Increase in Compensation Limits

Fri, 6 Feb 2009 09:07:24 +0000

Update 38 - The Employment Rights (Increase of Limits) Order 2008 increased compensation limits for some Tribunal awards and other statutory payments from 1 February 2009.

Planning for Redundancies - Expert Comments

Fri, 30 Jan 2009 11:50:58 +0000

Update 95 - Planning for Redundancies is the best way to ensure you keep the most valuable employees.

Expert Comments on Alternatives to Redundancy

Fri, 30 Jan 2009 11:43:42 +0000

Expert Comments to Update 55 - Perhaps the most obvious alternative is to seek volunteers for redundancy. Some employees may, depending on their particular circumstances, welcome voluntary redundancy and the payments which will be made as a consequence. Often as an incentive for employees to apply for voluntary redundancy, enhanced terms are offered.

Planning for Redundancies

Fri, 30 Jan 2009 01:05:58 +0000

Update 37 - The first stage of good redundancy planning might be to think about which particular skills and types of experience the business must retain to continue to be effective. This may, in turn, give a good idea as to what sort of selection criteria might be applied if compulsory redundancies are made.

Holiday Entitlement During Periods of Sick Leave - Expert Comments

Fri, 23 Jan 2009 11:25:10 +0000

Expert Comments to update 58 - All about what the decision in Pereda definitely means, what it might mean and what it does not mean.

Holiday Pay Entitlement During Long Term Sickness

Fri, 23 Jan 2009 10:28:03 +0000

Update 36 - New opinions from ECJ - annual leave and long term sickness

What should you be looking out for in 2009?

Thu, 15 Jan 2009 11:28:16 +0000

Update 35 Expert Comments - The pace of change will not lessen in 2009.

What should you be looking out for in 2009?

Thu, 15 Jan 2009 04:24:01 +0000

Update 35 - The pace of change will not lessen in 2009.

Time off to Care for Dependants - “Associative” Disability Discrimination - Expert Comments

Fri, 10 Oct 2008 11:16:32 +0100

Expert Comments for Update 34 - Two recent decisions, one by the European Court and the other by the Employment Appeal Tribunal, have clarified both the extent of protection afforded to carers by the decision of the European Court in the case of Coleman v Attridge and the scope of the right for carers generally to take time off to care for dependants.

Time off to Care for Dependants - “Associative” Disability Discrimination

Fri, 10 Oct 2008 04:08:34 +0100

Update 34 - Two recent decisions, one by the European Court and the other by the Employment Appeal Tribunal, have clarified both the extent of protection afforded to carers by the decision of the European Court in the case of Coleman v Attridge and the scope of the right for carers generally to take time off to care for dependants.

UK Retirement Laws Backed by Advocate General - Expert Comments

Mon, 12 Sep 2011 11:33:23 +0100

Expert Comments for Update 33 - The Advocate General of the European Court of Justice has yesterday given an opinion in a case referred to Europe by the British courts about whether the UK’s statutory retirement rules are lawful.

UK Retirement Laws Backed by Advocate General

Wed, 24 Sep 2008 04:07:52 +0100

Update 33 - The Advocate General of the European Court of Justice has yesterday given an opinion in a case referred to Europe by the British courts about whether the UK’s statutory retirement rules are lawful.

National Minimum Wage - Expert Comments

Wed, 3 Sep 2008 11:01:03 +0100

Update 96 - The annual increase in National Minimum Wage, (NMW) announced by the government earlier this year, are you paying enough?

National Minimum Wage

Wed, 3 Sep 2008 05:20:41 +0100

Update 32 - A proposal that 21 year old workers should be included in the adult rate has been rejected, while the annual increase in National Minimum Wage, (NMW) announced by the government earlier this year, comes into force from 1 October 2008.

The Correct Comparator for Disability Related Discrimination in Employment

Thu, 24 Jul 2008 11:26:25 +0100

Update 39 - The basic effect of the 'Lewisham v Malcolm [2008] UKHL 43' decision was that disabled employees would not be able to establish they had been discriminated against, if the employer could show that a non-disabled person whose circumstances were otherwise the same would have been treated the same way.

Disability Discrimination - Identifying a Comparator

Thu, 24 Jul 2008 12:04:57 +0100

Update 31 - The House of Lords overrules the Court of Appeal.

New Draft ACAS Code of Practice Expert Comments

Mon, 16 Jun 2008 11:24:47 +0100

Expert Comments for Update 30 - ACAS have published in draft the latest version of their Code of Practice on Discipline and Grievance at work. The Employment Bill, which is currently passing its way through Parliament, will enable an Employment Judge (as Employment Tribunal Chairmen are now known) to increase or decrease an award by up to 25% for ‘unreasonable failure’ to follow the Code.

New Draft ACAS Code of Practice Published

Mon, 16 Jun 2008 11:22:24 +0100

Update 30 - ACAS have published in draft the latest version of their Code of Practice on Discipline and Grievance at work.

Expired Disciplinary Warnings - Expert Comments

Mon, 19 May 2008 11:07:14 +0100

Update 97 - Can employers take expired disciplinary warnings into account?

Expired Disciplinary Warnings (Again!)

Mon, 19 May 2008 03:42:03 +0100

Update 28 - You may recall that some time ago, we sent our subscribers an update about a Scottish Court of Session case on the question of whether employers could take expired disciplinary warnings into account.

Extra Sick Pay for Disabled Employees – A Reasonable Adjustment?

Thu, 1 Jun 2006 12:30:49 +0100

The Disability Discrimination Act requires employers to make “reasonable adjustments” in respect of disabled employees’ jobs. But does this duty go as far as requiring employers to pay disabled employees in respect of disability-related absences where other employees would not have been paid?

Mediation - the new alternative to employment tribunals? - Expert Comments

Mon, 1 May 2006 11:02:05 +0100

With further major changes in employment law and tribunal procedure just around the corner, will the Gibbons Report herald the take-off of employment law mediation in the UK? Or do we already have widespread mediation under another name?

Managing World Cup Fever

Mon, 1 May 2006 12:30:49 +0100

Football fever is about to hit the nation with the World Cup running from 9 June until 9 July. While the World Cup brings excitement for individuals throughout the nation it also brings a headache for employers who suffer high rates of sickness absence throughout the duration of the World Cup. Here we examine the steps that employers should take to manage World Cup fever effectively.

Disciplinary Letters – What You Need to Say and Send

Sat, 1 Apr 2006 12:30:49 +0100

The Employment Act 2002 (Dispute Regulations) 2004 obliges employers to follow statutory minimum disciplinary procedures. These procedures must generally start with a letter to the employee. So, when dealing with alleged misconduct to work, what exactly must an employer put in writing to an employee prior to a disciplinary hearing in order to comply?

TUPE – The New Rules

Wed, 1 Mar 2006 12:30:49 +0000

After years of waiting, the new Transfer of Undertakings (Protection of Employment) Regulations 2006 come into force on 6 April. Here, we look at the main changes the new TUPE Regulations will make to the law.

Age Discrimination - Expert Comments

Wed, 1 Feb 2006 11:25:25 +0000

Update 98 - Tips for avoiding inadvertently age discriminating employees.

Age Discrimination – The Next Big Thing

Wed, 1 Feb 2006 12:30:49 +0000

Discrimination will undoubtedly be the big employment law issue of 2006. The proposed laws currently going through Parliament will affect every employer in the land.

Family Friendly Legislation - The New Wave

Sun, 1 Jan 2006 12:30:49 +0000

Statutory Maternity Pay, Statutory Adoption Pay and Maternity Allowance.

The Christmas party - Avoiding the Pitfalls

Thu, 1 Dec 2005 12:30:49 +0000

It is well established that employers are vicariously liable for the actions of their employees in the course of their employment. This can include actions which take place outwith the workplace, and outside of normal working hours. With the Christmas party season in full swing, here we examine the potential pitfalls that employers should be aware of when organising their Christmas festivities.

Disability Discrimination - The Net Widens

Tue, 1 Nov 2005 12:30:49 +0000

Do you have any employees suffering from MS, Cancer or HIV? If so be aware that these individuals are now likely to fall within the scope of the DDA and therefore you must consider the question of reasonable adjustments in respect of these employees’ jobs.

Smoking at work - the end of the road?

Sat, 1 Oct 2005 12:30:49 +0100

With the introduction of a UK wide smoking ban expected in the near future, we examine the current position in Scotland, England, Wales and Northern Ireland, and consider the steps that employers should be taking now, to ensure compliance with the new legislation.

Age Discrimination - Discouraging Loyalty?

Thu, 1 Sep 2005 11:50:43 +0100

Many employers offer their employees benefits to reward loyalty. Common examples include giving employees additional holidays, or private healthcare, on the completion of a number of years of service.

Age Discrimination - New Law Set to Discourage Loyalty

Thu, 1 Sep 2005 09:49:49 +0100

New legislation comes into force next year which could show benefits to reward loyality as indirect age discrimination.

Agency Workers - Would the real employer please stand up?

Mon, 1 Aug 2005 12:30:49 +0100

We all hire temps from time to time. But when it's time to say goodbye to a temp, you might be surprised to end up facing an unfair dismissal claim. However, employment tribunals are increasingly willing to imply that the end user is the real employer....

Flexible Working Requests - Expert Comments

Fri, 1 Jul 2005 11:00:00 +0100

As parents of young children become more aware of their right to request a flexible working pattern, we consider whether the wide bases on which an employer can legitimately refuse an application really do make this a "toothless" law.

Flexible Working Requests - The Risk of Refusing

Fri, 1 Jul 2005 12:30:49 +0100

Today's news about Goverment's proposal to extend flexible working rights could change the way we work for good.

Disciplinary Hearings - Evolution or Revolution?

Sun, 1 May 2005 12:30:49 +0100

One of the main effects of the new Employment Act was to regulate the conduct of disciplinary hearings. In this month’s feature article, we consider the extent to which this will change employers’ approaches to employee discipline and lead to more uniformity of practice.

Expert Comments on Granting Time Off for Training

Fri, 1 Apr 2005 11:30:21 +0100

Update 66 - Just like flexible working, it should not normally be too difficult for an employer to identify a ‘permissible’ reason for refusing a ‘time off for training’ request.

Holiday Pay - Stick, Twist or Roll Over?

Fri, 1 Apr 2005 12:30:49 +0100

We all know that workers must receive at least 4 weeks’ paid holiday each year. But working out how much to pay staff for holidays still causes confusion. Rolling up holiday pay into the hourly rate is a simple solution – but is it lawful?

Information and Consultation - Are You Ready?

Tue, 1 Mar 2005 12:30:49 +0000

Provide information in respect of the recent and probable development of the undertaking’s activities and economic situation...

Bonuses: Your Discretion - Expert Comments

Tue, 1 Feb 2005 11:38:18 +0000

There are still plenty of good reasons to give yourself a margin of discretion in the operation of your organisation's bonus scheme

Bonuses - Your Discretion?

Tue, 1 Feb 2005 12:30:49 +0000

Do you think that your organisation's employment contracts contain all of the terms and conditions that govern its' relationship with its' employees? It may surprise you to know that no matter how exhaustively your contracts are drafted, they are unlikely ever to paint the whole picture.