UPDATE OF WORKING TIME REGULATIONS The 1998 Working Time Regulations were introduced for health and safety reasons. This update looks at the most significant case law relating to one important provision – paid holiday entitlement.
SWAP SHOP The Disability Discrimination Act gives examples of “steps” that employers can take to comply with the duty to make reasonable adjustments. We look at a case which said that swapping the jobs of two postholders or creating a new post could be a reasonable adjustment.
CONSEQUENCES OF DISMISSAL When deciding whether a dismissal has been fair, tribunals have to consider whether the employer acted reasonably or not. We look at a case which said that tribunals must take into account the seriousness of the consequences of dismissal for the employee.
IN BRIEF The Government announced recently that it will limit the number of workers entering the UK from outside Europe.
Click on the link to read more – Employment Law Update July 2010
HEALTH AND SAFETY AT WORK As employers, you have a general duty under the common law to look after your employees in the workplace. We provide an overview of the most important pieces of legislation that you should know about.
MAJOR OR MINOR In cases of minor misconduct, employers sometimes make use of policies aimed at negotiation and conciliation, rather than discipline. We look at a case that said that tribunals can consider whether the employer was consistent in their approach to the conduct in question.
PUBLIC OR PRIVATE To establish negligence, claimants have to show that their employer breached their duty of care to them, among other things.We look at a case in which the court said that the employer should have used their discretion to act by replacing the school’s governing body with an interim executive board.
IN BRIEF We provide an overview of the main employment proposals of the new coalition government.
Click on the link to read more – Employment Law Update June 2010
SEXUAL ORIENTATION DISCRIMINATION We provide an overview of some of the more important cases that have been decided since the Employment Equality (Sexual Orientation) Regulations 2003 came into force.
UNILATERAL CHANGES Under contract law, employers cannot usually change the terms of a contract unilaterally, but we look at a case in which the court accepted that employers can reserve the right in certain circumstances.
COMPANY LIABILITY Although the law says that employers are liable for the acts of their employees (or agents) in carrying out an unlawful act, we look at a case in which the court said that an employer cannot be held liable for “aiding” someone to do something after the incident had taken place.
IN BRIEF We provide a brief overview of the main points of the Equality Act which received Royal Assent recently.
Click the link to read more – Employment Law Update May 2010
DISCIPLINARIES AND GRIEVANCES A year on from the introduction of new dispute regulation rules, it is a good time to ask if the new system has made any difference and to look at the approach that employers should now be taking.
HOLIDAY NOTICE We look at a case in which the court said that, although workers are entitled to four weeks’ paid holiday, they can lose holiday not taken by the end of the leave year as long as the employer had not imposed the notice provisions in an unreasonable or arbitrary way.
TRYING TO BE FAIR Although everyone has the right to a fair trial, we look at a case in which the court said that it is not a ‘trump card’ but one of a number of factors that tribunals have to weigh up when considering all relevant factors.
IN BRIEF We provide an overview of the ‘fit’ notes that replaced the old sick notes on 6 April.
Click the link to read more - Employment Law Update April 2010