Employment Law Updates
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IN BRIEF – NOVEMBER 2011
Stress is now the most common cause of long-term sickness, according to this year’s Absence Management survey by the Chartered Institute of Personnel and Development (CIPD). Employers planning to make redundancies in the next six months are also more likely … Continue reading
ON CALL BREAK
Under the 1998 Working Time Regulations (WTR), security workers are exempt from the right to a rest break, but are entitled to an equivalent period of “compensatory rest”. In Hughes v The Corps of Commissionaires Management Ltd, the Court of … Continue reading
TIME PLEASE
The National Minimum Wage Regulations 1999 (NMWR) state that salaried hours workers are entitled to be paid the minimum wage when required to be available for work or near their place of work. In Wray v JW Lees & Co … Continue reading
UPDATE ON SEX DISCRIMINATION
The Equality Act 2010 (which applies in England, Scotland and Wales) outlaws discrimination against workers because of the “protected characteristic” of sex in employment (among other things). What does the Act cover? The Act covers all forms of discrimination in … Continue reading
IN BRIEF – OCTOBER 2011
The government last month issued guidance for businesses who offer work experience, placements and internships, which makes clear when someone is entitled to be paid the National Minimum Wage (NMW). It also includes a new worker checklist for employers and … Continue reading
REASONABLY ADJUSTED
The 1995 Disability Discrimination Act (now the Equality Act) requires employers to make “reasonable adjustments” for disabled employees in certain circumstances. In Lancaster v TBWA Manchester, the Employment Appeal Tribunal (EAT) said that it was not a reasonable adjustment to … Continue reading
TRUE TERMS
Although the law defines who is an employee and who is a worker, it can often be hard for tribunals to decide their status in reality. In Autoclenz Ltd v Belcher and ors, the Supreme Court said that tribunals can … Continue reading
AGENCY WORKER REGULATIONS
A new set of regulations covering the employment of agency workers – the Agency Worker Regulations 2010 – came into force on 1 October 2011. They apply to: • agency workers – individuals supplied by a temporary work agency to … Continue reading
IN BRIEF – SEPTEMBER 2011
A report published last month has found that the work-life balance of many workers in the UK has deteriorated as a consequence of the recession. The Balancing Act report, commissioned by the Cornwall Development Company, examined the views of 3,000 … Continue reading
JOB CAPABILITY
To avoid a finding of unfair dismissal on the ground of capability, employers have to show they have a reasonable belief that the person is unable to return to work. In DB Schenker Rail (UK) Ltd v Doolan, the Employment … Continue reading