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
FORTHCOMING LEGISLATION In general, the Department for Business, Innovation and Skills introduces legislative changes twice a year ? April and October. We provide an overview of the main changes effective for the next six months from April 2010.
IT’S CRIMINAL We look at a case in which the Court has said that the 1997 Protection from Harassment Act can be used to tackle workplace harassment, but made clear that the conduct has to be “oppressive and unacceptable” and sustain criminal liability.
LET ME GO Although the law requires employers to make reasonable adjustments for disabled employees in certain circumstances, we look at a case which said that employers do not have to make them if they could not have known the disability would have a specific effect on the employee.
IN BRIEF Parents of children due on or after 3 April 2011 will be able to take advantage of new legislation announced recently by the Government.
Click the link to read more - Employment Law Update – March 2010
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EMPLOYING FOREIGN WORKERS If you want to employ people from outside the UK, you have to first ensure that they are allowed to work here. We provide an overview of the rules governing the employment of foreign workers.
LONG SERVICE Employers do not have to justify a difference in pay between men and women if it is due to a length of service award. We look at a case that said that employers do, however, have to justify using length of service as a criterion in the first place.
CLIMATE CHANGE The religion or belief regulations include ‘philosophical’ beliefs. We look at a case in which the court concluded that a belief in man-made climate change could constitute a ‘philosophical belief’ for the purposes of the regulations.
IN BRIEF Under new rules agreed recently by EU ministers, parents will have the right to longer parental leave. We outline the main provisions.
Click the link to read more – Employment Law Update – January 2010
DEALING WITH MENTAL HEALTH ISSUES Current figures show that mental health problems cost UK organisations a small fortune every year. We provide an overview of employers? obligations and some of the steps they can take to protect themselves.
HOLIDAY BLUES European law gives workers the right to four weeks? paid annual leave. Although member states can have legislation requiring sick workers to take paid annual leave during sick leave, we look at a case that said that they must also allow them to take it at another time if they want to.
WAIVE GOODBYE If an employee commits a breach of contract, the employer can either accept the breach and end the contract or waive the breach and affirm it. We look at a case that said that the company lost the right to dismiss the employee when it affirmed the contract by failing to take any disciplinary action.
IN BRIEF The Government recently announced that it was bringing forward a review of the default retirement age to 2010 and is now asking for evidence to inform that review.
Click the link to read more – Heptonstalls Employment Law Update – Dec09
BLOWING THE WHISTLE There 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.
REPUTATION AT STAKE Employees 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.
COLLECTIVE RIGHTS Under 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.
IN BRIEF The Government recently published another consultation document on draft regulations to implement the EU Agency Workers Directive into domestic law.
Click the link to read more: Heptonstalls Employment Law Update – Nov 09
October 2009
COLLECTIVE CONSULTATION There are a number of situations in which employers are required to consult collectively with their employees. We provide an overview of the requirements relating to redundancies, transfers and the Information and Consultation Regulations.
Q AND A Employers often make a job offer conditional on completing a medical questionnaire. We look at a case in which the court said that the onus was on the employer to ensure the questions were not ambiguous.
EFFECTIVELY TERMINATED The law says that the effective date of termination for a contract terminated without notice is the “date on which the termination takes effect.” We look at a case in which the court said that this was the date when the employee read the letter of dismissal and not when it arrived at her home.
IN BRIEF The Government announced recently that it would be consulting soon on regulations to give families new leave rights.
Click the link to read more: Heptonstalls Employment Law Update – Oct 09
September 2009
FORTHCOMING LEGISLATION In general, the Department for Business, Innovation and Skills introduces legislative changes twice a year – April and October. We provide an overview of the main changes effective for the next six months from October 2009.
ADJUSTING TO DISMISSAL It is discriminatory for an employer not to make reasonable adjustments if a provision, criterion or practice disadvantages a disabled person. We look at a case in which the Employment Appeal Tribunal said that if an employer fails to do so, any subsequent dismissal could, in itself, be an unlawful act of disability discrimination.
COMPARING MEN AND WOMEN The Equal Pay Act requires claimants to choose an actual comparator doing like work, work rated as equivalent or of equal value. We look at a case in which the Employment Appeal Tribunal said that the Act allows a man to compare himself with a woman who had already brought an equal pay claim with a different, higher paid male comparator.
IN BRIEF The 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.
Click the link to read more: Heptonstalls Employment Law Update – Sep 09