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Employment Law Updates
In Brief - March 2010Parents of children due on or after 3 April 2011 will be able to take advantage of new legislation announced recently by the Government. The rights also apply to parents of adopted children matched on or after 3 April 2011. [ Read More... ]LET ME GOUnder the 1995 Disability Discrimination Act (DDA), employers have to make reasonable adjustments in certain circumstances. In Secretary of State for the Department for Work and Pensions v Alam, the Employment Appeal Tribunal (EAT) said that employers do not have to make adjustments if they knew or ought to have known about the employee's disability, but did not know and could not be expected to know that it would have a specific effect on them. [ Read More... ]IT’S CRIMINALAlthough the 1997 Protection from Harassment Act (PHA) was not drafted with the workplace in mind, the Court of Appeal has said in Veakins v Kier Islington Ltd that there is nothing in it to say it could not be used to tackle workplace harassment. However, the conduct has to be “oppressive and unacceptable” and sustain criminal liability. [ Read More... ]FORTHCOMING LEGISLATIONIn general, the Department for Business, Innovation and Skills introduces legislative changes twice a year – April and October. The idea is to make it easier for employers (and employees) to keep abreast of the changes. The following are effective from April 2010. [ Read More... ]In Brief - Feb 2010Legislation to give Britain's 1.3 million agency workers important new rights was laid before Parliament recently. They should be on the statute book before the end of this Parliament and become law by October next year. [ Read More... ]IT’S THAT BASICEvery year the Low Pay Commission sets a basic rate as allowed for under the 1999 National Minimum Wage (NMW) regulations. In Hamilton House Medical Limited v Hillier, the Employment Appeal Tribunal (EAT) said that if an employee's hours of work always attract premium rates of pay, the rate on which they are calculated must be the basic rate set under the regulations. [ Read More... ]STIGMATISEDEmployees can sometimes be stigmatised for bringing a claim against their employer. In Chagger v Abbey National plc and anor, the Court of Appeal has said that employees who find it impossible to get another job because they brought proceedings against a previous employer, are entitled to be compensated for that “stigma loss”. [ Read More... ]ROUND UP OF RELIGION AND BELIEF DISCRIMINATIONFollowing the introduction of the Employment Equality (Religion or Belief) Regulations in 2003, discrimination against employees on grounds of religion or belief in employment, vocational training and the provision of goods, facilities and services was outlawed. We provide an overview of some of the most recent cases. [ Read More... ]IN BRIEF - January 2010Under new rules agreed recently by EU ministers, parents will have the right to longer parental leave. [ Read More... ]CLIMATE CHANGEThe Employment Equality (Religion or Belief) Regulations 2003 cover not just religious but also “philosophical” beliefs. In Grainger plc and ors v Nicholson, the Employment Appeal Tribunal (EAT) has concluded that a belief in man-made climate change could constitute a 'philosophical belief” for the purposes of the regulations. [ Read More... ]LONG SERVICEAlthough the law requires employers to pay men and women equally for work rated as equivalent under a valid job evaluation scheme, they do not have to justify a difference in pay if it is due to a length of service award. In Wilson v Health and Safety Executive, the Court of Appeal has now said, however, that employers can be required to justify the “use” of a length of service criterion “as well as its adoption in the first place”. [ Read More... ]EMPLOYING FOREIGN WORKERSIf you want to employ people from outside the UK, you have to ensure they are allowed to work here under one of the various systems (depending on where the worker comes from) before you take them on. If they don't qualify and you employ them anyway, you could face a fine or even risk going to prison. [ Read More... ]In Brief - December 09The Government recently announced that it was bringing forward a review of the default retirement age (DRA) from 2011 to 2010, which was introduced when the Employment Equality (Age) Regulations came into effect in October 2006. It is now asking for evidence to inform that review. [ Read More... ]Waive GoodbyeIf an employee commits a breach of contract, the employer can either accept the breach and end the contract or waive the breach and affirm the contract. In Cook v MSHK Ltd and anor, the Court of Appeal said that the company lost the right to dismiss the employee when it affirmed the contract by failing to take any disciplinary action. [ Read More... ]Holiday BluesArticle 7 of the European Working Time Directive gives workers the right to four weeks' paid annual leave. In Pereda v Madrid Movilidad SA, the European Court of Justice (ECJ) held that although member states can introduce legislation allowing a worker on sick leave to take paid annual leave during sick leave, they must also allow workers to take their annual leave at another time if they wish to do so.[ Read More... ] DEALING WITH MENTAL HEALTH ISSUESCurrent figures show that mental health problems (such as depression, anxiety and stress) cost UK organisations around £26 billion each year. This is the equivalent of £1,035 for every employee in the UK workforce. [ Read More... ]IN BRIEF - Nov 09The Government has recently published another consultation document on draft regulations to implement the EU Agency Workers Directive into domestic law. This follows on from the consultation conducted by the Department for Business Innovation and Skills earlier in the year. [ Read More... ]COLLECTIVE RIGHTSUnder European law, employers are required to inform and consult workers in the event of making collective redundancies. We look at a case that said that employers must start the process of consultation as soon as they decide to contemplate collective redundancies [ Read More... ]REPUTATION AT STAKEEmployees can be dismissed for doing something that impacts on the reputation of their employer. We look at a case which said that dismissing a chaplain for doing a media interview could not be fair as the company had not even bothered to listen to the interview. [ Read More... ]BLOWING THE WHISTLEThere are a number of circumstances in which workers can legitimately blow the whistle on malpractice at work. We provide an overview of the legislation governing this area. [ Read More... ]IN BRIEF - OCT 09The Government announced recently that it would be consulting soon on regulations to give families new leave rights that will, it claims, give more choice and flexibility to parents as to how they use maternity and paternity leave. [ Read More... ]EFFECTIVELY TERMINATEDThe effective date of termination (EDT) in section 97(1) of the 1996 Employment Rights Act in relation to a contract terminated without notice is the “date on which the termination takes effect.” In Gisda Cyf v Barratt, the Court of Appeal said that this was when the employee actually read the letter of dismissal and not the date when it arrived at her home. [ Read More... ]Q AND AEmployers often make a job offer conditional on completing a medical questionnaire. In Cheltenham Borough Council v Laird, the High Court said that the onus was on the employer to ensure the questions were not ambiguous, while the duty on the employee was to answer the questions to the best of their ability and not wilfully to withhold facts. [ Read More... ]COLLECTIVE CONSULTATIONThere are a number of situations in which employers are required to consult collectively with their employees. Redundancy is the most obvious (governed by the Trade Union and Labour Relations (Consolidation) Act 1992 or TULRCA). [ Read More... ]IN BRIEF - OCT 09The effects of the recession on employment tribunal claims have been revealed in the annual report of Acas, the Government's advisory, conciliation and arbitration service. Published recently, the report showed a rise of 22 per cent in unfair dismissal claims. [ Read More... ]COMPARING MEN AND WOMENUnder the 1970 Equal Pay Act, claimants have to choose an actual (as opposed to a hypothetical) comparator doing like work, work rated as equivalent or of equal value. In South Tyneside Borough Council v McAvoy and ors, the Employment Appeal Tribunal (EAT) has said that a man can compare himself with a woman bringing an equal pay claim with a higher paid male comparator. [ Read More... ]ADJUSTING TO DISMISSALUnder the 1995 Disability Discrimination Act (DDA), it is discriminatory for employers not to make reasonable adjustments if a provision, criterion or practice disadvantages a disabled person. In Fareham College v Walters, the Employment Appeal Tribunal (EAT) said that if an employer fails to make reasonable adjustments, any subsequent dismissal could, in itself, be an unlawful act of disability discrimination. [ Read More... ]FORTHCOMING LEGISLATIVE CHANGESIn general, the Department for Business, Innovation and Skills introduces legislative changes twice a year – April and October. The idea is to make it easier for employers (and employees) to keep abreast of the changes. The following are effective from October 2009. [ Read More... ]IN BRIEF - Aug 09Involving employees fully in the future of the firms they work for will be a key step if businesses are to innovate and take advantage of new opportunities, according to a report published recently. [ Read More... ]SHIFTING STATUSIn order to bring a complaint of unfair dismissal before a tribunal, claimants have to be employees. In other words, have a contract of employment. In Little v BMI Chiltern Hospital, the Employment Appeal Tribunal (EAT) decided that a “bank” porter (who worked on an as and when basis) did not have a contract because the employer could (and did) withdraw work from the worker. [ Read More... ]SHOWING THEIR AGEIt is unlawful to directly or indirectly discriminate against someone because of their age, unless the employer can justify it. In Rolls Royce plc v Unite the Union, the Court of Appeal said that length of service in a redundancy selection policy was a justifiable criterion for selection. [ Read More... ]JOB MOBILITYAs an employer, you are required under the Employment Rights Act 1996 to provide all your employees with a written statement of terms and conditions. This includes their place of work, which can be one specific location or several different places. [ Read More... ]IN BRIEF - JULY 09The European Social Partners have agreed to revise the 1995 Framework Agreement on Parental Leave by increasing the length of parental leave from three to four months. [ Read More... ]PENSIONABLE PAYOnce a tribunal has decided that a claimant has been unfairly dismissed, it then looks at the issue of compensation. In Aegon UK Corporate Services Ltd v Roberts, the Employment Appeal Tribunal (EAT) said that tribunals still have to calculate a claimant's loss (even if they have found better paid employment) by comparing both the monetary and non-monetary benefits of the two jobs. [ Read More... ]LAST ACTClaimants must lodge their tribunal complaint within a specific time period starting from the date of the last act they want to complain about. In Matuszowicz v Kingston upon Hull City Council, the Court of Appeal said that as the failure to make a reasonable adjustment was a continuing omission, the time limit would start from the date that a reasonable employer would take to make that adjustment. [ Read More... ]PREGNANCY DISCRIMINATIONLess favourable treatment on the grounds of pregnancy has been a form of sex discrimination since the mid-1990s following the case of Webb v EMO Air Cargo (UK) Ltd. [ Read More... ]In Brief - May 09The Government has just published its long awaited Equality Bill. It is expected to receive Royal Assent in spring 2010, with most provisions coming on line in October 2010. [ Read More... ]BREACH OF TRUSTThe law states that employers must allow employees to be represented by a colleague or trade union representative at a disciplinary hearing. The High Court has held in R (on the application of G) v The Governors of X school and Y City Council that, in certain circumstances, employees also have the right to be represented by a lawyer. [ Read More... ]Red is the colourThe material factor defence in equal pay claims requires employers to show that the difference in pay between the woman and the man has nothing to do with her sex. In Fearnon and ors v Smurfit Corrugated Cases Ltd the Court of Appeal said that employers can only rely on the defence of red-circling for as long as the factor retains “the essential attributes of genuineness and materiality”. [ Read More... ]PERMANENT HEALTH INSURANCEPermanent health insurance (PHI) is a benefit provided by some employers for their employees in case they are unable to work, following an injury or illness. If that happens, the policy then pays out a percentage of salary (somewhere between 50 and 70 per cent) which is tax-free, usually after a defined period of sickness absence. [ Read More... ]In Brief - Apr 09The decision by the European Court of Justice (ECJ) last month in what has become known as the “Heyday challenge” was good news for employers [ Read More... ]IN SICKNESS AND IN HOLIDAYUnder the Working Time Regulations 1998, workers are entitled to four weeks' paid annual leave. But does the same apply to holiday pay when they are off sick and not able to take their leave? In Stringer and ors v Her Majesty's Revenue and Customs, the European Court of Justice (ECJ) said that it does. [ Read More... ]Dispute ResolutionFollowing a review of the statutory dispute resolution regulations that came into force on 1 October 2004, the government has repealed them with effect from 6 April 2009. [ Read More... ]IN BRIEF MARCH 09Employers who are struggling in the financial recession should be careful to consult with staff before cutting their pay (or their hours for that matter). [ Read More... ]FAILED CONSULTATIONThe law requires employers to consult with trade unions and individual employees in the event of making employees redundant. [ Read More... ]CONTROL FREAKIf someone is laid off work and then re-hired, this can still count as continuous employment. But what if the original company goes into liquidation? [ Read More... ]FORTHCOMING LEGISLATIONIn general, the Department for Business, Enterprise and Regulatory Reform introduces legislative changes twice a year – April and October. The idea is to make it easier for employers (and employees) to keep abreast of the changes. The following are (on the whole) effective from April 2009. [ Read More... ]IN BRIEF FEB 09The long-running saga about whether workers on sick leave are entitled to paid annual leave is one step nearer to being resolved. [ Read More... ]DEADLY IMPLICATIONTribunals usually decide if a disciplinary policy has contractual status by looking at whether it has been expressly incorporated into someone's contact. [ Read More... ]Agency WorkersBy definition, agency workers are workers who take on jobs that are short-term and temporary in nature. So far, so simple. But their status as workers has been anything but straightforward to determine. [ Read More... ]IN BRIEF Jan 09The Employment Act 2008, which received Royal Assent recently, will repeal the 2004 statutory dispute resolution procedures. It is likely to become effective as of April 2009. [ Read More... ]TO SOME DEGREEIt is indirectly discriminatory for employers to apply a criterion which seems to apply equally to everyone but which, in reality, puts people of a certain age group at a disadvantage. [ Read More... ]REST IN PEACEThe aim of the 1998 Working Time Regulations (WTR) is to protect workers' health and safety and, as such, provides entitlement to rest breaks. [ Read More... ]PRIVACY AT WORKThere are any number of good reasons why you might want to monitor your employees' phone calls at work. For instance, to ensure quality of service or to train staff. Likewise e-mail communications - you may need to open someone's e-mail to check for damaging viruses or offensive material. [ Read More... ]IN BRIEF - DECA revised code of practice on discipline and grievance handling in the workplace is now available on the website of Acas (the government's conciliation service). Although still officially in draft form (it has to be approved by parliament), it is due to come into force on 6 April 2009. [ Read More... ]AGE NO OBJECTIt is unlawful to directly or indirectly discriminate against someone because of their age, unless the employer can justify it. [ Read More... ]REASONABLY RESPONSIVETo succeed in a constructive dismissal claim, employees have to show that their employer fundamentally breached a term of the contract. [ Read More... ]REFERENCESThere is no specific law that deals with references, nor is there generally any obligation on you as an employer to provide one. However, it is rare for employers to refuse. [ Read More... ]IN BRIEF - NovThe European Parliament has recently approved the proposal for a directive on Temporary Agency Work. It voted to support the Council's position – adopted in June 2008 – without amendments so it can now become law. [ Read More... ]Adjusting to DismissalThe statutory dispute resolution regulations state that employees do not have to lodge a grievance with their employer if they have been dismissed or are about to be dismissed. [ Read More... ]Whistle While You WorkWorkers who want to blow the whistle to outside bodies must do so in good faith, reasonably believing the allegation to be true. In Muchesa v Central and Cecil Housing Care Support, the Employment Appeal Tribunal (EAT) saidtribunals should consider whether the complaints were true and whether the whistleblower genuinely believed they were. [ Read More... ]Stress at WorkThe Health and Safety Executive defines stress as “the adverse reaction people have to excessive pressures or other types of demand placed on them”, drawing a clear distinction between stress and pressure that can act as a motivating factor. [ Read More... ]IN BRIEF - OCTAfter a long wait, the Advocate General of the European Court of Justice (ECJ) has given his opinion in the challenge brought by Heyday (an offshoot of Age Concern) against the requirement in the 2006 age regulations for employees to retire at 65. [ Read More... ]ANONSection 1(1) of the 1998 Data Protection Act (DPA) defines personal data as data relating to a living individual from which they can be identified, along with any other information held by the data controller [ Read More... ]RACE RELATIONSThe law states clearly that employers cannot directly discriminate against job applicants because of their race. [ Read More... ]REDUNDANCYGiven the current economic climate, it seems an opportune time to go over the basics of the law regarding redundancies. [ Read More... ]IN BRIEF - SEPTThe Government has announced that it will amend the law so that tips can no longer count towards payment of the National Minimum Wage (NMW). [ Read More... ]TEMPORARY PAUSEThe law says that employees are entitled to compensation if they are unfairly dismissed. [ Read More... ]NOTES ON RACEThe 1976 Race Relations Act says that it is discriminatory to victimise someone for bringing proceedings under the Act. [ Read More... ]FORTHCOMING LEGISLATIVE CHANGESIn general, the Department for Business, Enterprise and Regulatory Reform introduces legislative changes twice a year – April and October. The idea is to make it easier for employers (and employees) to keep abreast of the changes. The following are effective from October 2008. [ Read More... ]IN BRIEF - AUGUSTThe European Court of Justice has decided in the case of Coleman v Attridge Law that disability anti-discrimination legislation covers able-bodied employees “by association”. [ Read More... ]UNKNOWN TERMEmployees generally need to know about a contract term for it to have effect. In Department of Work and Pensions v Sutcliffe, however, the Employment Appeal Tribunal (EAT) said that a maternity leave policy was incorporated into the woman's contract even though she could not access it. [ Read More... ]PITTER PATTERSection 99 of the Employment Rights Act 1996 (ERA) states that it is automatically unfair to dismiss an employee for taking statutory paternity leave if the reason or principal reason is “connected with” the leave. [ Read More... ]FAMILY FRIENDLY POLICIESThis government has introduced a range of family friendly polices and increased the provision of other policies such as maternity leave and pay. The following provides a brief overview of the main points that you should be aware of as employers. [ Read More... ]IN BRIEF - JULYFirms that take steps to improve diversity in the workplace earn real business benefits, according to a joint report published recently by the CBI and TUC. [ Read More... ]REDUNDANT ARGUMENTIf a business does not need as many employees to do work “of a certain kind” then, according to the law, they are redundant. In Martland v Co-operative Insurance Society, the Employment Appeal Tribunal (EAT) said that it was for tribunals to decide whether the work had changed so much that it could be described as being “of a different kind” from the work that had been done before. [ Read More... ]TIMELY TRANSFERAlthough all rights and liabilities transfer over under the Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE) from the transferor to the transferee, the Employment Appeal Tribunal (EAT) said in Coutinho v Vision Information Services (UK) Ltd and Rank Nemo (DMS) Ltd that the employee has to be employed at the time of the transfer to be protected. [ Read More... ]PENALTY POINTSEarlier this year, the Government introduced a number of changes to the 2006 Immigration, Asylum and Nationality Act 2006 which you, as employers, need to be aware of. The most important is the civil penalty scheme. [ Read More... ]IN BRIEF - AGENCY WORKSThe Government has recently agreed a deal with unions and employers giving agency workers in the UK equal treatment after 12 weeks in work. It says this should help pave the way to reaching agreement in Europe on an agency workers directive that secures this flexibility for the UK. [ Read More... ]Discriminatory DismissalBy law, employers have to seriously consider a request for part-time working from someone returning from maternity leave. In Shaw v CCL Ltd the Employment Appeal Tribunal (EAT) said that the employer's failure to do so amounted to sex discrimination and constructive unfair dismissal. [ Read More... ]Partly UnfavourableThe law says that employers cannot treat part timers less favourably than full timers. In Sharma and ors v Manchester City Council, the Employment Appeal Tribunal (EAT) said that being part time does not have to be the sole reason for the unfavourable treatment. [ Read More... ]Going Part - TimeThe Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 state that you must not treat a part timer any less favourably than a “comparable full-time worker”, unless you can justify the different treatment on objective grounds. [ Read More... ]Resonable ProtestEmployees can work under protest and seek damages (among other things) if an employer unilaterally changes their contract. In Robinson v Tescom Corporation, the Employment Appeal Tribunal (EAT) said that if employees decide to protest, then they have to abide by the new terms or risk dismissal for failing to follow their employer's reasonable instructions. [ Read More... ]Time to payArticle 141 of the EC Treaty sets out the principle of equal pay for men and women. In Voss v Land Berlin, the European Court of Justice (ECJ) said that part time workers were entitled to be paid overtime once they worked more than their normal working hours if considerably more women than men were affected and the difference could not be justified [ Read More... ]Age DiscriminationUnder the 2006 Employment Equality (Age) Regulations employers must not discriminate against workers, employees, job seekers and trainees because of their age in relation to recruitment, terms and conditions, promotions, transfers, dismissals and training. [ Read More... ]REMEMBER TO PROTESTIf an employer unilaterally varies their employee’s contract, the employee should protest if they do not agree with it. Otherwise, they will very probably be assumed to have acquiesced [ Read More... ]IS THERE A WAY TO EQUAL PAY?When the Equal Pay Act came into force over 30 years ago, no one could have predicted how complicated the law would be to implement – for both employers and employees. [ Read More... ]WHAT ARE YOU IMPLYING?workers could claim to work under an implied contract, giving them employee status. The Court of Appeal has now said in James v Greenwich Council that tribunals cannot imply contracts if the express contracts already fully explain the relationship between the parties. [ Read More... ]IN BRIEFContrary to a decision by the Employment Appeal Tribunal, the Court of Appeal has now said in Airbus v Webb that employers can take expired warnings into account in disciplinaries. [ Read More... ]YOUR GOOD HEALTHEmployers have to act reasonably when deciding whether to dismiss an employee. In First Leeds v Haigh, the Employment Appeal Tribunal (EAT) said that it was unreasonable for an employer not to ascertain whether their employee was entitled to ill-health retirement before dismissing him. [ Read More... ]DRUNK AND DISORDERLYIn Sinclair v Wandsworth Council the Employment Appeal Tribunal (EAT) said that the Council’s decision to dismiss an employee was unfair because it had failed to apply its own alcohol policy. [ Read More... ]FORTHCOMING LEGISLATIVE CHANGESIn general, the Department for Business, Enterprise and Regulatory Reform introduces legislative changes twice a year – April and October. The idea is to make it easier for employers (and employees) to keep abreast of the changes. The following are effective from April 2008. [ Read More... ]IN BRIEFBusinesses employing illegal workers face large fines and prison sentences, according to new rules which will become effective at the end of February. [ Read More... ]NEW COMPENSATION LIMITSA number of new compensation limits come into force on 1 February 2008. [ Read More... ]ROLLING OVERThe European Court of Justice has said that the practice of “rolled-up” holiday pay is illegal unless employers use a very transparent system to implement it. The Employment Appeal Tribunal (EAT) has now said in Lyddon v Englefield Brickwork Ltd that even if the contract does not stipulate the exact amount to be paid, rolled-up holiday pay will still be legal if the employer spells out the exact sum on the pay packet. [ Read More... ]GRIEVANCESGrievance procedures enable employees to raise concerns they have about their job, terms and conditions or the way they feel they have been treated either directly by you as their employer or the people they work with. [ Read More... ]Extended Shelf life of Disciplinary WarningsIt’s worth noting that in a very recent Judgement, the Court of Appeal has decided in Airbus v Webb, Contrary to the decisions by a tribunal and Employment Appeal Tribunal, that employers can take expired disciplinary warnings into account when deciding whether to dismiss an employee. [ Read More... ]ON YOUR MARKSThe statutory dismissal and disciplinary procedures state that employers have to provide employees with certain information before they dismiss them. [ Read More... ]AGEING DIRECTIVEThe Equal Treatment Directive says that employers are not allowed to discriminate against workers on the basis of age, unless it can be justified. [ Read More... ]HIRING AND FIRINGSection 8 of the Asylum and Immigration Act says it is illegal for employers to hire someone who is not entitled to live and work in the UK [ Read More... ]DISCIPLINARY PROCEDURESSometimes the conduct or capability of an employee means that you have to take disciplinary action against them. It has always been good practice to have a proper procedure written down so that everyone knows what to expect. [ Read More... ]In Brief - JanuaryNo one can pretend that employment law is easy, so when the government produces a free handbook, it’s usually worth having. [ Read More... ]IN BRIEF - DecUnder a new system of civil penalties (effective from February 2008), the Government has announced that employers who negligently hire illegal workers could face a maximum fine of £10,000 for each illegal worker found at their business. [ Read More... ]DISMISSING INJUSTICEThe law says that employers can dismiss an employee as a result of pressure from a third party. However, the Employment Appeal Tribunal (EAT) said in Greenwood v Whiteghyll Plastics Ltd that employers must consider whether doing so would result in injustice to the employee. [ Read More... ]IMPLYING DISMISSALThe statutory dismissal and disciplinary procedures (DDP) state that employers have to tell their employees in writing in advance of a disciplinary hearing that they may be dismissed. [ Read More... ]COMING TO A COMPROMISECompromise agreements are legally binding documents stipulating the terms on which you and your employee agree that their employment will be ended. [ Read More... ]In Brief - NovFollowing the interim decision of the Advocate General, the European Court of Justice has held in Palacios de la Villa v Cortefiel Servicios SA that member states can introduce mandatory retirement ages under the EU Equal Treatment Directive. [ Read More... ]SAFETY FIRSTEuropean law requires governments of member states to accurately transpose directives into national law. In Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland, the European Court of Justice (ECJ) said that the UK had correctly transposed a European health and safety directive. [ Read More... ]SOMETHING’S COOKINGThe Transfer of Undertakings (Protection of Employment) Regulations (TUPE) operate to protect employees in the event of a transfer. [ Read More... ]MEDIATIONIt is worth remembering when faced with a tribunal claim that there is another way to resolve disputes that is quicker, cheaper and much less frustrating - mediation. [ Read More... ]In Brief - OctThe Information Commissioner's Office has published useful guidance on what constitutes personal data for the purposes of the Data Protection Act. [ Read More... ]BLOCKING OUT LEAVERegulation 15(2) of the 1998 Working Time Regulations (WTR) states that employers can require workers to take their annual leave on particular days, as long as they give them notice. [ Read More... ]SECRET AGENTFollowing an earlier decision of the Court of Appeal, it looked as though tribunals would find more contracts between temporary workers and “end users”. [ Read More... ]BULLYING AND HARASSMENTThere is no legal definition of bullying, but according to the website bullyonline.org, it is the motivator that lies behind all forms of harassment, discrimination, prejudice, abuse, conflict and violence. [ Read More... ]SETTLING DOWNCompromise agreements are often used to resolve disputes between employers and employees on termination of a contract. In these circumstances, employers may require the employee to provide a “warranty”, but what happens if it turns out to be false? [ Read More... ]COUNTING THE COSTSection 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 says that employers who intend to make 20 or more employees redundant within 90 days must consult their trade union representatives [ Read More... ]FORTHCOMING LEGISLATIVE CHANGESIn general, the Department for Business, Enterprise and Regulatory Reform (previously the Department for Trade and Industry) introduces legislative changes twice a year – April and October. [ Read More... ]FORTHCOMING LEGISLATIVE CHANGESIn general, the Department for Business, Enterprise and Regulatory Reform (previously the Department for Trade and Industry) introduces legislative changes twice a year – April and October. [ Read More... ]SICKNESS ABSENCEUnder section one of the Employment Rights Act 1996, every employee is entitled to receive details of any contractual terms and conditions about incapacity for work due to illness or injury. You must give these in writing within two months of the person starting work with you. [ Read More... ]SICKNESS ABSENCEUnder section one of the Employment Rights Act 1996, every employee is entitled to receive details of any contractual terms and conditions about incapacity for work due to illness or injury. You must give these in writing within two months of the person starting work with you. [ Read More... ]EMPLOYERS RETIRE ON AGEBased directly on the experience of their members, the Employers Forum on Age (EFA) has now produced a document called “The end of the line for retirement ages.” [ Read More... ]IN BRIEF - AugIncluded in the recent announcement about the Government's draft legislative programme was a proposal for an Employment Simplification Bill. [ Read More... ]WEEKLY WORKThere is sometimes a difference between the terms stipulated in a contract and what happens in reality. [ Read More... ]PERSONAL PROCESSORSection 1(1) of the Data Protection Act applies to personal data that is processed “by means of equipment operating automatically in response to instructions given for that purpose” or “is recorded as part of a relevant filing system”. [ Read More... ]HOLIDAY INCREASEFollowing an earlier consultation on statutory holiday entitlement, the Government has now published regulations increasing the number of holidays from 20 to 24 from October this year. These will be increased to 28 days from April 2009. [ Read More... ]FORCED RESIGNATIONIf someone is forced to resign, the courts have established that is effectively a dismissal. In Sandhu v Jan De Rijk Transport Ltd, the Court of Appeal said that by agreeing terms to end his employment, Mr Sandhu had done no more than salvage something from the inevitable fact he was going to be dismissed. [ Read More... ]BIAS AT BRUNELThe law says that parties to a dispute can have "without prejudice" discussions so that any attempt at settlement cannot be used against them if the dispute ends up in court. [ Read More... ]EMPLOYING FOREIGN WORKERSIf you want to employ people from outside the UK, you have to ensure they are allowed to work here before taking them on. [ Read More... ]CONSULTING ON DISPUTES RESOLUTIONFollowing a wide-ranging review of the statutory disputes procedures, the Government announced a consultation earlier this year to review the way employment disputes are resolved. [ Read More... ]CONSULTING ON PATERNITY LEAVEThe Government has recently published a consultation document seeking views on how the administration of additional paternity leave and pay will work in practice. [ Read More... ]RESPONDING REASONABLYSection 95(1)(c) of the Employment Rights Act 1996 (ERA) says that employees can claim constructive unfair dismissal if they resign in response to a fundamental breach of contract by their employer. [ Read More... ]A POOR RECEPTIONThe law states that women are allowed to return to the same job after maternity leave. [ Read More... ]ATYPICAL WORKERSIt can be hard to define an atypical worker, but generally the term is used to describe someone who does not work on a permanent basis. It therefore covers temporary workers, contract workers, agency workers, seasonal workers, term time workers, casual workers, sessional workers and so on. [ Read More... ]ACAS GUIDESAcas has published a guide on drawing up a policy on smoking at work before the ban in England comes into effect on 1 July 2007. A similar ban became effective on 2 April in Wales, 30 April in Northern Ireland, and Scotland has been non-smoking since 2006. [ Read More... ]VEILED BELIEFSIn Azmi v Kirklees Metropolitan Borough Council the EAT said that, although Mrs Azmi had been subject to indirect discrimination under the religion or belief regulations when asked to remove her veil in the classroom, the school had been justified in doing so. [ Read More... ]RELIGIOUS FERVOURIn Glasgow City Council v McNab, the Employment Appeal Tribunal (EAT) said that the Council could not rely on the genuine occupational requirement (GOR) exception in the religion or belief regulations to discriminate against an atheist teacher. [ Read More... ]RELIGION OR BELIEF DISCRIMINATIONThe Employment Equality (Religion or Belief) Regulations 2003 prohibit discrimination and harassment on grounds of religion or belief in employment, vocational training and the provision of goods, facilities and services. [ Read More... ]THE BEGINNING OF THE END FOR STATUTORY DISPUTES REGIME?Following a wide-ranging review by Michael Gibbons of the statutory disputes procedure, the Department of Trade and Industry (DTI) has announced a consultation, which asks if there should be: [ Read More... ]TACKLING ANTI-GAY BULLYING AT WORKStonewall (which campaigns for equality for lesbians, gay men and bisexuals) has launched a new guide aimed at dealing with the bullying and harassment of lesbian and gay employees. [ Read More... ]AGE GUIDEMore guidance on the age regulations has just been produced for employers by the Chartered Institute of Personnel and Development, in conjunction with the Trades Union Congress. [ Read More... ]PENSIONS TRANSFERThe 1981 Transfer of Undertakings (Protection of Employment) Regulations (TUPE) protect an employee's contractual rights if their job is transferred to another employer. [ Read More... ]CLEARLY COMPROMISEDThe law says that workers cannot agree to contract out of their right to bring a tribunal claim, with the exception of compromise agreements. [ Read More... ]REDUNDANCYThere is a redundancy situation if an employee is dismissed because the business as a whole, or the particular workplace where the employee worked, has closed down. Likewise if there has been a reduction in the size of the workforce needed to do work of a particular kind. [ Read More... ]PENSIONSEmployers and employees clearly have a shared responsibility for pension provision, but pensions also have an impact in other ways in terms of the employment contract. [ Read More... ]THE CHANCES OF BREAKING DOWNThe House of Lords said in Hatton v Sutherland (2002) that employers who provide employees with a counselling service are unlikely to be found in breach of their duty of care in the event of a negligence claim. [ Read More... ]EXPIRY SIGNSThere are a number of tests – both statutory and judge made – for assessing whether a dismissal is unfair. In Airbus Ltd v Webb, the Employment Appeal Tribunal (EAT) has confirmed that expired warnings must always be ignored. [ Read More... ]FORTHCOMING LEGISLATIVE CHANGES MARCHIn general, the Department of Trade and Industry (DTI) now introduces legislative changes twice a year – April and October. The idea is to make it easier for employers (and employees) to keep abreast of the changes. The following are effective from April 2007. [ Read More... ]RAILWAY RACISMAlthough tribunals can infer discrimination from the basic facts presented by the claimant, the Employment Appeal Tribunal (EAT) said in Network Rail Infrastructure Ltd v Griffiths-Henry that just because an employer acted unfairly did not mean they had discriminated against their employee. [ Read More... ]ADJUSTING FOR DISABILITYSection 6 of the Disability Discrimination Act (DDA) 1995 states that employers have to take reasonable steps (or make adjustments) if any “arrangements” they make put a disabled person at a substantial disadvantage compared to someone who is not disabled. [ Read More... ]CONTRACTED INTerms of contracts can be express, implied or – sometimes - incorporated from another document. [ Read More... ]SEXUAL ORIENTATIONUntil December 2003, lesbian and gay employees had no protection against discrimination at work on the basis of their sexual orientation. [ Read More... ]
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