Employment Law Updates
We provide monthly employment law updates, please click on the links below to see our recent editions.
For advice on any Employment matter, speak to Shaun Pinchbeck:
Telephone: 01405 765661
Email: legal@heptonstalls.co.uk
November 2008
STRESS AT WORK - The current climate may well lead to increased stress at work. We provide an overview of the law governing this health hazard.
WHISTLE WHILE YOU WORK - When employees blow the whistle, they must believe the allegations are true. We look at a case which said that tribunals should consider whether the complaints were true and whether the whistleblower genuinely believed they were
ADJUSTING TO DISMISSAL - We look at a case which says that employees do not have to lodge a grievance if they have been dismissed following a failure to make reasonable adjustments.
IN BRIEF - The European Parliament has recently approved the proposal for a directive on Temporary Agency Work.
October 2008
REDUNDANCY - Given the current economic climate, it seems an opportune time to provide an overview of the basics of the law regarding redundancies.
RACE RELATIONS - It is against the law for employers to directly discriminate against job applicants because of their race. We look at a case in which it was decided that there does not always even have to be an identifiable complainant.
ANON - Personal data is strictly defined under the law. We look at a case that says that even if the information is "anonymised", it still constitutes personal data.
IN BRIEF - The Advocate General of the European Court of Justice has said that the rule in the 2006 age regulations for employees to retire at 65 can be justified.
September 2008
FORTHCOMING LEGISLATION - In general, the Department for Business, Enterprise and Regulatory Reform 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 2008.
NOTES ON RACE- The law says that it is discriminatory to victimise someone for bringing a claim, but the appeal tribunal has said a police force could lawfully ask officers to record incidents involving a colleague in their notebooks.
TEMPORARY PAUSE - Employees are entitled to compensation if they are unfairly dismissed, but employers may still have to pay compensation if their employee gets a replacement job that turns out to be temporary.
IN BRIEF - The Government has announced that it will amend the law so that tips can no longer count towards payment of the National Minimum Wage (NMW).
August 2008
FAMILY FRIENDLY POLICIES - We provide an overview of the family friendly polices introduced by this government.
PITTER PATTER - The law says it is automatically unfair to dismiss an employee for taking paternity leave, but a recent case has made clear that the reason for the dismissal has to be "causally connected" with the leave.
UNKNOWN TERM - Employees generally need to know about a contract term for it to have effect, but the Employment Appeal Tribunal has said that a policy was incorporated into a contract even though the person could not access it.
IN BRIEF - The European Court of Justice has ruled that disability anti-discrimination legislation covers able-bodied employees "by association".
July 2008
PENALTY POINTS - Earlier this year, the Government introduced a number of changes to the 2006 Immigration, Asylum and Nationality Act 2006 which employers need to be aware of. We provide an overview of the changes.
TIMELY TRANSFER - It may seem self-evident but we look at a case in which the Employment Appeal Tribunal confirmed that for TUPE to apply, the employee has to be employed at the time of the transfer to be protected.
REDUNDANT ARGUMENT - Even though an employee’s job may have changed significantly, that does not mean they are redundant. We look at a case in which the Employment Appeal Tribunal said this was a question for tribunals to decide.
IN BRIEF - The CBI and TUC have published a joint report showing that firms that take steps to improve diversity in the workplace earn real business benefits.
June 2008
GOING PART TIME - Employers cannot treat part timers any less favourably than full timers under the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000. We provide an overview of the current law.
PARTLY UNFAVOURABLE - We look at a case in which the Employment Appeal Tribunal said that being part time does not have to be the sole reason for any unfavourable treatment to be deemed unlawful.
DISCRIMINATORY DISMISSAL - Carrying on the part time theme, we look at a case in which the Employment Appeal Tribunal said that the employer’s failure to allow a woman to return to work part time after maternity leave amounted to sex discrimination and constructive unfair dismissal.
IN BRIEF - The Government has agreed a deal with unions and employers giving agency workers in the UK equal treatment after 12 weeks.
May 2008
AGE DISCRIMINATION - Under the 2006 Employment Equality (Age) Regulations employers must not discriminate against workers because of their age. We provide an overview of the main provisions of the regulations.
TIME TO PAY - Article 141 of the EC Treaty sets out the principle of equal pay for men and women. We look at how the principle was applied to a European case about calculation of overtime pay for part timers.
REASONABLE PROTEST - Employees can work under protest and seek damages if an employer unilaterally changes their contract. We look at a case in which the Employment Appeal Tribunal said that once an employee agrees to work under the new terms, they risk being dismissed if they then fail to do so.
IN BRIEF - ACAS, the government’s conciliation service, has published a new booklet called "Health, Work and Well Being" on the importance of having healthy and well-motivated employees.
April 2008
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. We provide an overview of some of the most recent developments.
WHAT ARE YOU IMPLYING? - Given some recent court decisions, it has been far from clear when agency workers could claim to work under an implied contract, giving them employee status. We look at a case that finally clarifies the situation.
REMEMBER TO PROTEST - If an employer unilaterally varies their employee's contract, the employee should protest if they do not agree with it. We look at a case that reinforces this point.
IN BRIEF - Contrary to a decision by the Employment Appeal Tribunal, the Court of Appeal has now said that employers can take expired warnings into account in disciplinaries.
March 2008
FORTHCOMING LEGISLATION - In general, the Department for Business, Enterprise and Regulatory Reform introduces legislative changes twice a year - April and October. We provide an overview of the main changes effective from April 2008.
DRUNK AND DISORDERLY - We look at a case in which the Employment Appeal Tribunal said that the Council’s decision to dismiss an employee was unfair because it had failed to apply its own alcohol policy.
YOUR GOOD HEALTH - Employers have to act reasonably when deciding whether to dismiss an employee. The Employment Appeal Tribunal has said recently that it was unreasonable for an employer not to ascertain whether their employee was entitled to ill-health retirement before dismissing him.
IN BRIEF - Businesses employing illegal workers face large fines and prison sentences, according to new rules which become effective at the end of February
February 2008
GRIEVANCES - Grievance procedures enable employees to raise concerns they have about their job, terms and conditions or the way they feel they have been treated at work. We provide an overview of what the law says you must do.
ROLLING OVER - The law says that rolled-up” holiday pay is illegal unless there is transparency in the system implementing it. We look at a case that says that it is legal as long as the employer spells out the exact sum on the pay packet.
ON YOUR MARKS - The statutory dismissal and disciplinary procedures say that employees should be given certain information before dismissal. We look at a case which says that although employers do not have to disclose individual marks on redundancy, it would have been sensible to do so in this case.
NEW COMPENSATION LIMITS - We provide details of the new compensation limits which came into force on 1 February 2008.
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January 2008
DISCIPLINARY PROCEDURES - Sometimes the conduct or capability of an employee means that you have to take disciplinary action against them. We provide an overview of the main steps you should follow.
HIRING AND FIRING - It is against the law for employers to hire someone who is not entitled to live and work in the UK. We look at a case which said that employers can dismiss someone as long as they genuinely believed that the employee was not entitled to work here.
AGEING DIRECTIVE - The Equal Treatment Directive says that employers are not allowed to discriminate against workers on the basis of age, unless it can be justified. We look at a case which said that compulsory retirement at 65 to promote employment could be justified.
IN BRIEF - No one can pretend that employment law is easy, so when the government produces a free handbook, it’s usually worth having.
For advice on any Employment matter, speak to Shaun Pinchbeck:
Telephone: 01405 765661
Email: legal@heptonstalls.co.uk