Employment Law Update – October 2011
AGENCY WORKER REGULATIONS We take a look at the Agency Worker Regulations 2010 which came into force on 1 October 2011.
TRUE TERMS It is not always easy to decide who is an employee and who is a worker. We look at a case in which the Supreme Court said that tribunals can disregard the written terms of a contract when they don’t reflect the true agreement between the parties.
REASONABLY ADJUSTED Although the law requires employers to sometimes make “reasonable adjustments” for disabled employees, the appeal tribunal has said that does not include replacing subjective redundancy criteria with objective ones.
IN BRIEF The government has issued guidance for businesses who offer work experience, placements and internships on when to pay the National Minimum Wage.
Please click on the link to read more Employment Law Update October 2011
Employment Law Update – September 2011
FORTHCOMING LEGISLATION In general, the government introduces legislative changes twice a year. We provide an overview of the main changes effective for the next six months from October 2011.
COST OF RELIGION Indirect discrimination is potentially justifiable by employers. We look at a case in which the Employment Appeal Tribunal said that employers can rely on cost to justify an otherwise indirectly discriminatory policy.
JOB CAPABILITY The Employment Appeal Tribunal has confirmed that the decision to dismiss someone is ultimately a managerial, not a medical one, and that employers have to make their own assessment of the risks involved in a return to work.
IN BRIEF 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.
To read more please click on the following link – Employment Law Update – September 2011
Employment Law Update – August 2011
REDUNDANCY We provide a brief overview of existing redundancy law, giving employers an outline of their obligations.
EVADING THE QUESTION The law says that tribunals can draw inferences from evasive answers given in discrimination questionnaires, but the appeal tribunal has just held that answers that are less than complete are not necessarily “evasive or equivocal”.
NEGLIGENT STATEMENT We look at a case in which the court said that employers may have to pay damages to employees if they make negligent statements about them to a former employer.
IN BRIEF The government has announced that it will retain the right to request time off for training to employees in large organisations.
Click on the link to read more – Employment Law Update – August 2011
Employment Law Update – July 2011
RACE DISCRIMINATION We provide an overview of race discrimination which includes changes made under the 2010 Equality Act
RETIREMENT LETTER Under the age regulations, employers must follow a specific procedure when they want to compulsorily retire an employee. A court has now said that they must also tell employees what to include in their letter when exercising their right to request to stay on.
PROPORTIONATE TREATMENT Although employers can give women who are pregnant special treatment, we look at a case in which the court said that the “special treatment” provisions are limited to what is proportionate.
IN BRIEF The UK, along with 13 other European Union member states, appear to have stopped the Pregnant Workers Directive in its tracks indefinitely.
Click on the link to read more – Employment Law Update – July 2011
Employment Law Update – June 2011
UNFAIR DISMISSAL We provide an overview of unfair dismissal which looks at who can claim they’ve been unfairly dismissed, when it’s fair to dismiss and whether the employer was reasonable in dismissing the employee.
REASONABLY ILL Employers have to make reasonable adjustments for disabled employees in certain circumstances. We look at a case in which the courts said that failure to follow proper procedures amounted to unfair dismissal and a failure to make a reasonable adjustment.
BREAKING THINGS DOWN We look at a case in which the appeal tribunal said it did not matter that the employer failed to follow their conduct disciplinary procedures, because the dismissal was due to a breakdown in working relationships, albeit caused by the employee’s conduct.
IN BRIEF The Department for Work and Pensions has launched a review of UK health and safety regulations.
Click on the following link to read more: Employment Law Update – June 2011
Employment Law Update May 2011
EMPLOYEE OR WORKER We provide an overview of the main criteria used by the courts to decide an individual’s employment status.
KICKED INTO TOUCH We look at a case in which the court said that the redundancy selection criteria for filling new roles following a reorganisation are different to those used for selecting employees for redundancy from within an existing group of staff.
WARNING LIGHTS We look at a case in which the court considered the circumstances in which a tribunal can “look behind” a final warning to decide whether a dismissal is fair or unfair.
IN BRIEF The government has launched a “Red Tape Challenge” website asking members of the public for their views on the current regulatory system.
Click on the link to read more:Employment Law Update – May 2011
Employment Law Update April 2011
EQUAL PAY We provide an overview of the current law on equal pay, including an outline of the relevant provisions of the Equality Act.
BABY TAX The rules governing statutory maternity pay state that women must have stopped work for a pregnancy-related reason by the time they give notice of when they want it to start. A court has just said that women can still comply with that rule even if they stopped work for some other reason.
RELEVANT KNOWLEDGE When deciding whether it was reasonable for an employer to dismiss an employee, the Court of Appeal has said that it would depend on the employer’s belief and knowledge at the time of dismissal.
IN BRIEF We provide an outline of the changes to employment law announced by the government last month.
Click on the link to read more: Employment Law Update – April 2011
