Companies Fined After Death From Fall at Work

Two companies have been fined a total of £450,000 and ordered to pay costs after health and safety failures led to a maintenance worker falling to his death.

Christopher Booker, 49, was working at Aberthaw Power Station when the accident happened in 2007. The power station was undergoing renovations, including work on a...

Proposed Amendments to the Working Time Regulations

As reported previously, the Working Time Regulations 1998 (WTR) as they currently stand are not in accord with recent decisions of the European Court of Justice (ECJ) on the interpretation of the Working Time Directive with regard to the interaction of annual leave entitlement with absences from work on account of sickness or maternity, adoption,...

When Does Contractual Notice Commence?

An employee wishing to bring a claim of unfair dismissal must do so before the end of the three-month period commencing with the effective date of termination (EDT) of their employment. Where a period of notice is given, the EDT is the date on which this expires. It is therefore important to be clear as to exactly when this falls.

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Qualifying Period for Unfair Dismissal Claims to be Extended

Earlier this year, the Government published a consultation document entitled ‘Resolving Workplace Disputes’. This sought views on various measures aimed at increasing employers’ confidence to take on more workers, encouraging the early resolution of disputes, speeding up the tribunal process and tackling weak and vexatious claims.
...

Dismissal for Sending Offensive Email from Home PC Was Fair

A recent case (Gosden v Lifeline Project Ltd.) demonstrates that it is important for employers to have in place an Internet usage policy and to ensure employees are aware that disciplinary action may be taken over any conduct capable of harming the employer’s reputation.

Mr Gosden was employed by Lifeline Project Ltd., a...

Government Gives Go Ahead for Employment Legislation

The Government has announced that the Additional Paternity Leave Regulations 2010 will be introduced according to the timetable proposed by the previous Government. The Regulations will allow new parents greater flexibility as to how they make use of the statutory period of maternity leave.

The Regulations...

ACAS Issues Advice on Dealing With Effects of Riots

The Advisory, Conciliation and Arbitration Service (ACAS) has issued guidance for employers and employees on coping with the effects of the riots which have recently erupted in London and in other major cities across the UK.

The focus of the advice is on minimising the disruption to business activity. The prinicpal points are...

Insolvency and TUPE - EAT Provides Clarification

Whilst the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) operate to protect the employment law rights of employees when there is a relevant transfer of a business or part of a business, Regulation 8(7) provides that where insolvency proceedings are analogous to bankruptcy proceedings and have been instituted with a...

Agency Workers and the 'Necessity' Test

A recent case in the Court of Appeal (Tilson v Alstom Transport) dealt with the application of the ‘necessity’ test for implying a contract of employment between an agency worker and the end-user business where the worker is fully integrated into the organisation.

Mr Tilson worked as a technical engineer for Alstom...

Manufacturing Company Fined After Drilling Machine Accident

A manufacturing company based in Wigan has been fined £12,500 and ordered to pay costs of £1,703 after a worker lost part of his index finger whilst operating a drilling machine.

The 46-year-old employee was drilling holes through an iron bar when his right hand became caught in the drill. His index finger was...

HSE Develops Risk Assessment Tool for Shops

The Government’s review of the operation of health and safety legislation in the UK, 'Common Sense – Common Safety', recommended that the risk assessment procedures for low hazard workplaces, such as many offices and shops, should be simplified to free such businesses from unnecessary bureaucratic burdens.

To this...

Guidance on the Agency Workers Regulations

The Department for Business, Innovation and Skills has published guidance for employers and those in the recruitment sector on the Agency Workers Regulations 2010 (AWR), which come into force on 1 October 2011.

The AWR will give agency workers the right to the same basic terms and conditions of employment as if they had been...

The Dangers of Private Communications Out of Working Hours

A recent decision of the Employment Tribunal (ET) illustrates that you should think carefully before pressing the email ‘send’ button on what you regard as a private communication made out of working hours. If the email contains material that would be in breach of your employer’s equal opportunities policy and/or Internet policy...

New Minimum Wage Rates

The Government has accepted recommendations from the Low Pay Commission (LPC) and announced that the National Minimum Wage (NMW) will increase by 15p an hour to £6.08 in October 2011.

The statutory wage for those aged 18 to 20 years will increase by 6p to £4.98 an hour, the rate for 16- and 17-year-olds will increase...

Government Delays Extension of Right to Request Training

The Government has announced that the right to request time to train will not be extended this April to employees of small and medium-sized businesses.

In April 2010, the right was introduced for employees in organisations with 250 or more employees. It was to be extended to all employees from April 2011 but, following a recent...

Redundancy Consultation

The Employment Appeal Tribunal (EAT) has ruled (Pinewood Repro Ltd. v Page) that for consultation during a redundancy selection process to be fair, an employee should be provided with sufficient information in order to be able to challenge his or her selection for redundancy.

Mr Page had worked as an estimator for Pinewood Repro...

Compromise Agreements and the Equality Act 2010

A compromise agreement is a legally binding agreement by which an employee undertakes to refrain from instigating Employment Tribunal (ET) proceedings against his or her employer or, if proceedings have already commenced, to discontinue them, in return for consideration. Compromise agreements were created by the Employment Rights Act 1996 and must...

Employment Contract Repudiated by Gross Misconduct

Can an employer sack an employee for gross misconduct without breaching its contract of employment with the employee?

This question came before the Court of Appeal in the case of Dunn and another v AAH Ltd. Stephen Dunn had previously been the Managing Director of AAH Ltd., one of a group of companies of which the head company,...

Default Retirement Age - Anomalies Corrected

The Government has now published draft regulations abolishing the Default Retirement Age (DRA) of 65, which was introduced by the Employment Equality (Age) Regulations 2006.

The Employment Equality (Repeal of Retirement Provisions) Regulations 2011 are due to come into force on 6 April 2011. This means that the last date on...

2011/12 Limits on Employment Tribunal Awards

The Employment Rights (Increase of Limits) Order 2010 details the maximum amounts of compensation employment tribunals can award, which change annually in line with inflation. The Order was laid before Parliament on 10 December 2010 and applies where the appropriate date falls on or after 1 February 2011.

The main changes are:

Age Discrimination - Compulsory Retirement

The Government has announced its intention to abolish, by 1 October 2011, the Default Retirement Age (DRA) of 65 contained in the Employment Equality (Age) Regulations 2006. Meanwhile, a preliminary ruling of the European Court of Justice (ECJ) regarding a case before the German courts (Rosenbladt v Oellerking Gebäudereinigungsges mbH) sheds...

Andy Gray / Sky Sports - what can we learn?

The much publicised sacking of Sky Sports presenter Andy Gray serves as a salutary reminder to employees and employers alike that attitudes change and sexist banter is simply not acceptable.

Mr Gray, who served as assistant to Ron Atkinson when he was the manager of Aston Villa Football Club, may now be wishing that he had...

'Without Prejudice' Rule Trumps Public Disclosure

The Employment Appeal Tribunal (EAT) has upheld the principle that ‘without prejudice’ communications are not permitted as evidence in court except in very clearly defined circumstances.

Without prejudice communications are those which take place between the opposing sides in a legal dispute that are entered into...

Employer Pays Price for Super Salesperson

An employer whose bonus scheme for sales staff was not tightly worded enough was recently left to count the cost after an appearance in the Court of Appeal.

The employer hired a salesperson on a contract which included bonuses for meeting sales targets. The salesperson generated sales far in excess of what was anticipated and...

Obligations Under TUPE

The Employment Appeal Tribunal (EAT) has reaffirmed (Todd v Strain and others) that when there is a ‘relevant transfer’ under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), the obligation under Regulation 13.2 to inform affected employees and the obligation under Regulation 13.6 to consult...

Right to Request Training Under Review

As part of its review of legislation, in order to reduce any unnecessary burden of regulation on businesses, the Government has carried out a consultation on the right of employees to request time to undergo training.

The right was introduced by the Employee Study and Training (Eligibility, Complaints and Remedies) Regulations...

HSE Fatality Statistics

Provisional figures published by the Health and Safety Executive (HSE) reveal that the number of people killed at work in Britain fell to a record low in the year 2009/2010.

Between 1 April 2009 and 31 March 2010, 151 workers were killed, compared with 178 deaths in the previous year and 233 in 2007/2008. The average number of...

New Employment Tribunal Fast Track Scheme

Since April 2009, the names of employers and individuals who fail to pay Employment Tribunal (ET) awards have been added to the public Register of Judgments, Orders and Fines, once enforcement proceedings have been brought against them in the County Court. The Register can be searched by members of the public, banks and credit reference agencies...

Time Off Work for Public Duties

Employers have a statutory duty to allow their employees reasonable time off work to carry out public duties. Such duties include acting as a justice of the peace, as a prison visitor, as a member of a local authority or relevant health or education body, as a member of a police authority etc. A full list can be found in the Employment Rights Act...

Time Limits for Lodging Appeals in the EAT

The time limits for lodging appeals in the Employment Appeal Tribunal (EAT) are usually strictly enforced. Where an appeal is from a judgment of an Employment Tribunal (ET), the Notice of Appeal and supporting documentation must be lodged within 42 days of the date on which the judgment was sent to the parties concerned. Rule 30(4) of the...

ET1 Claim Forms and Illegibility

Employment Appeal Tribunal (EAT) has ruled that the Employment Tribunal (ET) had no jurisdiction to refuse to accept a claimant’s ET1 claim form, on the ground that it found some of the handwriting illegible, because the form did contain the required information.

Mr May made several claims against the London Borough of...

Employer Not Liable for Remark Made by Agency Worker

Employers should be aware that problems may arise during major sporting events as a result of employees supporting different national teams.

In a recent case, a woman claimed that remarks made to her by a colleague during the 2006 FIFA World Cup amounted to direct discrimination under the Race Relations Act 1976 (RRA). Mrs Okerago told...

National Minimum Wage Cheats - Watch Out!

HM Revenue and Customs (HMRC) are intent on cracking down on employers who fail to pay workers the National Minimum Wage, particularly those who use migrant labour to undercut competitors.

To this end, HMRC has established a Dynamic Response Team, made up of highly skilled specialist officers who will concentrate on the most high-profile...

Government Strengthens Law on Blacklists

The Government recently decided to amend the law regarding blacklisting of workers, using powers available to it under the Employment Relations Act 1999, by prohibiting the blacklisting of workers on account of their union membership or activities.

The Employment Relations Act 1999 (Blacklists) Regulations 2010 came into force...

Right to Request Training - Guidance Published

The Government has published guidance for employers on the new right of employees to request time off work for training, which is set to be introduced on 6 April 2010.

The right to request time to train was included in the Apprenticeships, Skills, Children and Learning Act, which received Royal Assent in November 2009. The...

42-Year-Old Banker Wins Age Discrimination Claim

A London-based German banker has had his claim of age discrimination against his former employer, the Canadian Imperial Bank of Commerce (CIBC), upheld by the London South Employment Tribunal (ET).

Achim Beck, 42, joined CIBC in 2007 as head of the derivatives marketing team at Managing Director level. He was on a...

CMI Guidance on Religion and Belief in the Workplace

Employees are protected from discrimination on the grounds of religion or belief under the Employment Equality (Religion or Belief) Regulations 2003. The Regulations apply to recruitment, employment and vocational training. There is no qualifying period of employment before someone can bring a claim and no statutory cap to the level of...

Budget Action Points for Businesses

Action Points for Business Clients

Corporation Tax

Carry Back of Losses
The temporary extension of trading loss carry back from one to three years for losses up to £50,000 continues for company losses arising in accounting periods ending between 24/11/08 and 23/11/10.

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Disability Discrimination by Association - Complying With EU Law

The Employment Appeal Tribunal (EAT) has handed down a far-reaching judgment in the long-running case of Coleman v Attridge Law, which concerns the interpretation of the EU Equal Treatment Framework Directive and its impact on disability legislation in the UK.

The wording of the Disability Discrimination Act 1995 (DDA), which...

Workplace Bullying - Employers Watch Out

Recent allegations of bullying within 10 Downing Street have raised the profile of a subject which receives relatively little coverage outside the employment tribunals, in spite of widespread prevalence in the workplace.

Workplace bullying is not only unpleasant and demotivating but it has also been claimed to cost British...

Immigration - Shortage Occupation List for Tier 2

The Government has accepted in full the recommendations of the Migration Advisory Committee (MAC) for a revised shortage occupation list for Tier 2 of the points-based system of immigration. The new list applies to all certificates of sponsorship assigned on or after 14 December 2009. Applications based on certificates of sponsorship assigned...

The 'Final Straw' and Constructive Dismissal

A serious breach of an implied contractual term or the ‘final straw’ in a series of less serious actions which cumulatively undermine an employee’s trust and confidence in his or her employer will amount to a repudiatory breach of the employment contract and will normally justify the employee in terminating the contract and...

TUPE and Service Provision Changes - The Correct Approach

The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) 2006 introduced the concept of a transfer of undertakings by way of a service provision change. This was intended to deal with practical difficulties created, in a wide variety of commercial settings, by the need under TUPE 1981 to establish that there had been a transfer...

Get Ready for Compulsory Pensions

The Pensions Act 2008 contains provisions which will make it compulsory (from 2012) for an employer to enrol qualifying workers aged between 22 and the state pension age who earn more than a de minimus amount (currently set at £5,035 per annum) into a pension scheme and to make contributions to the scheme.

The employer...

Unfair Dismissal and Unofficial Industrial Action

Under Section 237(1) of the Trade Union and Labour Relations (Consolidation) Act 1992, an employee has no right to complain of unfair dismissal if he or she was taking part in an unofficial strike or other unofficial industrial action at the time of their dismissal. However, a claim of unfair dismissal brought by an employee who was dismissed for...

Whistleblowing - Keeping Regulators Informed

The Public Interest Disclosure Act 1998 (PIDA) – often referred to as the ‘Whistleblowing’ Act – gives workers legal protection when disclosing information relating to crimes, breaches of a legal obligation, miscarriages of justice, dangers to health and safety or the environment and to the concealing of evidence relating...

Varying a Contract of Employment

In the current economic climate, many employers are seeking ways to reduce staff costs. For example, both British Airways and British Telecom are reported to have recently offered staff increased time off work in return for a deduction in pay. However, when considering reorganising the pattern of working, it is important to remember that where...

Basic Guide to Redundancies

The Equality and Human Rights Commission has published a basic guide to making redundancies  without discrimination for employers.

Making mistakes in making redundancies or transferring the employment of staff to another business can be very expensive indeed if you get it wrong.

If you find yourself needing to cut staff...

Government Plans National Minimum Wage for Apprentices

The Government has announced that it has asked the Low Pay Commission to set a National Minimum Wage (NMW) for apprentices.

Currently, apprentices under age 19 do not qualify for the NMW. Neither do those over age 19 who are in the first 12 months of their apprenticeship.

There is a guaranteed rate of pay for...

Licensing Security Guards

On 20 March 2006 it became illegal to work as a contracted-in security guard, in England and Wales, without a Security Industry Authority (SIA) Licence. It is also illegal to provide or use security guards who do not have the appropriate licence. This applies to those working in the security, public space surveillance CCTV, close protection and...

Immigration and TUPE - Guidance on Notification Requirements

Since 27 November 2008, workers from outside the European Economic Area (EEA) or Switzerland who wish to work in the UK have been subject to the points-based system of immigration.

To qualify, most immigrant workers need a job offer from a licensed employer and must be able to demonstrate that they have the requisite number of...

Employee or Self-Employed - Mutuality of Obligation

Part-Time Workers - No Hypothetical Comparators

The Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (PTWR) established a minimum standard of fairness for part-timers so that they cannot be treated less favourably than comparable full-time co-workers, unless the treatment is justified on objective grounds. A comparable full-time worker must work in the same...

Increase in Statutory Redundancy Pay

In his April Budget, the Chancellor of the Exchequer announced that the Government intended to increase from £350 to £380 the maximum amount of a week’s pay used when calculating statutory redundancy pay. The change will take place from 1 October 2009.

The one-off increase will apply to a week’s pay for...

Swine Flu - Guidance for Employers

Although the rate of increase in new swine flu (influenza A H1N1) cases is reported to be abating, there are still more than 100,000 new cases a week and a surge in infections is expected as the winter approaches, with the first wave anticipated in late August to late September.

The swine flu virus is an unusual strain, not...

New Minimum Wage Rates Announced

The Government has announced new National Minimum Wage rates that will apply from 1 October 2009.

For workers aged 22 and over, the rate will increase from £5.73 to £5.80 an hour. The rate for 18- to 21-year-olds will rise from £4.77 to £4.83 and for 16- and 17-year-olds the rate will increase from...

Employment Tribunal Statistics - 2007/2008

Statistics for the year from 1 April 2007 to 31 March 2008 have now been published by the Tribunals Service.

The total number of Employment Tribunal applications rose by 43 per cent to 189,303, compared with 132,577 applications in 2006/2007. However, many of these applications were for claims under more than one jurisdiction....

Disability Discrimination - The Correct Comparator

In Child Support Agency (CSA) v Truman, the Employment Appeal Tribunal (EAT) has ruled that the correct comparator test in cases of disability-related discrimination in an employment law context, under Section 3A of the Disability Discrimination Act 1995 (DDA), is the same as that applied to the housing provisions of the DDA by the House of Lords...

Religious Discrimination - Conflicting Rights

A recent discrimination case (Ladele v London Borough of Islington) illustrates the potential for conflict that can exist between discrimination laws aimed at protecting different minority groups.

Lillian Ladele worked as a registrar for Islington Borough Council. She is a committed Christian and considers unions under the...

Employers Guilty in Fatal Accident Case

A recent decision of the House of Lords may have far-reaching consequences for employers, especially those tempted to cut corners regarding health and safety. The Lords ruled that employers may be prosecuted over an accidental death at work, even in cases where no specific breach of health and safety legislation can be identified as having caused...

Triangular Agency Working Arrangements - The Correct Approach

A further case (East Living Ltd. v Sridhar and TSG Services Ltd.) has confirmed the approach an Employment Tribunal (ET) should take when deciding whether or not an agency worker is in reality the employee of the end user company.

Mr Sridhar was supplied by TSG Services Ltd. (TSG) to work as a care worker for East Living Ltd....

ECJ Rules on Workers on Long-Term Sick Leave

The decision of the European Court of Justice (ECJ) in the long-running case of Stringer v HM Revenue and Customs(HMRC) has significant implications for employers with employees on long-term sick leave and it is likely that changes to the Working Time Regulations 1998 (WTR), which implement the European Working Time Directive in the UK, will be...

Dispute Resolution - Are You Prepared for the New Regime?

In order to establish what it is hoped will be a more flexible system for dealing with workplace disputes, as oftoday the Employment Act 2008 repeals the Statutory Dispute Resolution Procedures in their entirety. In their place will be a revised voluntary Advisory Conciliation and Arbitration Service (ACAS) Code of Practice, which sets out the...

Managing Violence in Licensed and Retail Premises Toolkit

Employers have a duty under the Health and Safety at Work etc. Act 1974 to protect the health, safety and welfare of their employees. The Health and Safety Executive has worked with local authorities to develop a toolkit designed to help reduce the risk of work-related violence in licensed or retail premises. This provides practical advice on how...

Equal Pay - Are You At Risk?

The number of Employment Tribunal applications received in the year to 31 March 2008 was 42 per cent higher than anticipated. A substantial reason for the increase was that the number of equal pay claims brought by low-paid female workers, because they were not being paid the same rates as men performing similar jobs, more than doubled to reach...

Tribunal Must Give Reasons

An Employment Tribunal (ET) must always give reasons for its decisions, as laid down in Rule 30 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2004. Clearly, for justice to be done, it must be apparent to those involved why the successful party won and the unsuccessful party lost. Rule 30 imposes a form of discipline...

Statutory Maternity, Adoption and Paternity Pay Rates

Suitable Alternative Employment and Redundancy

In the current economic climate, employers may face the need to reduce staffing levels. If you are making employees redundant, one of the requirements is that you must follow a fair redundancy dismissal procedure and keep the individuals affected, and possibly their representatives, informed throughout the restructuring process.

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TUPE - Split Service Provision After Transfer

The Employment Appeal Tribunal (EAT) has considered the correct approach to take when deciding who should take responsibility for any employees when there has been a service provision change to which the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) apply but, where after transferred, the services originally provided...

Tackling Work-Related Stress

Work-related stress costs the UK approximately £4 billion every year, so it is not surprising that the HSE has made identifying ways of dealing with it one of its priorities.

One approach has been to produce a blueprint for employers entitled "Management Standards for Stress", aimed at reducing sickness and absenteeism by...

Rolled Up Holiday Pay

Sexual Orientation Discrimination

Dual Vicarious Liability for Negligence

Disabled Employees and Sick Pay

In an important judgment in a case concerning the application of sick pay policies to disabled employees (O’Hanlon v HM Revenue and Customs), the Court of Appeal has held that a sick pay policy that did not provide unlimited full pay for a disabled employee who was absent from work for long periods was not discriminatory under the Disability...

Asleep But On Call

When Overtime Can Mean More Pension Entitlement

Employers who are relying on the fact that overtime is not taken into account when assessing the pension entitlement of their employees should check the implications of a recent Court of Appeal case.

The case involved a caretaker employed by Newham Borough Council. His employment contract provided for a basic salary for a basic 36-hour...

M&S Whisleblower Dismissal - Who is Right?

In early September Marks & Spencer (M&S) dismissed an employee who had disclosed the company's redundancy plans to "The Times" two weeks earlier. The employee's union, the GMB, confirmed that the man had been dismissed for gross misconduct with a minimal award for lost holiday pay. The general secretary of the TUC, Brendan...

One Day Early is Discrimination

Successor Not Comparator

Redundancy - Definition

Case Shows Dangers of Contract Variations

Points Based System of Immigration - Time Running Out

Under the Points Based System (PBS) for immigration, most people applying to come to or remain in the UK to work or study who are not nationals of the European Economic Area or Swiss nationals will, in addition to having to meet the criteria set by the PBS of assessment, require a certificate of sponsorship from a licensed sponsor in order to...

Discrimination by Association - ECJ Rules

Consultation on Training

Retirement Age Challenge - Today's the Day

Unfair Dismissal Claims - Extension of Time Limits

Employing Illegal Migrant Workers

Lesbian Soldier Wins Discrimination Claim

Amendments to the Sex Discrimination Act

Failure to Consult on Redundancy - Costs Danger

Hearing Damage - New Settlement

Director - Employee or Not?

Disability Discrimination - Employers' Obligations

It's Freeday Friday

Consultation on Collective Redundancies

Holiday Leave Entitlement to be Increased

The Government has published the Working Time (Amendment) Regulations 2007, which will increase the minimum annual holiday entitlement from 20 days a year to 28 days. This will be accomplished in two stages, being increased to 24 days from October 2007 and to 28 days from April 2009, not October 2008 as was originally planned.

A...

Immigration Law - Timetable for Introduction of Points Based System

The Government has announced that its new Points Based System for immigration will be phased in from early 2008.

The new system will consist of a five-tier framework. For each tier, applicants will need sufficient points to obtain entry or leave to remain in the UK. Points will be awarded to reflect aptitude, experience, age...

Work-Related Stress: Employer not Liable

The Court of Appeal has upheld a decision of the Employment Appeal Tribunal (EAT) that the fact that an employer’s conduct either caused or materially contributed towards an employee’s inability to carry out her job does not mean that a subsequent dismissal on account of that incapacity cannot be fair (McAdie v Royal Bank of Scotland).
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Group Structure Protects Against Employee Breach

Employees of a company which is a member of a group are normally contracted only to the company which employs them directly. A recent breach of contract case looked at the question of whether the holding company of a group could make a claim against ex-employees who had a ‘non-competition’ clause in their contracts of employment. The...

Agency Workers - More Change

Many employment law rights depend on how much continuous employment an employee has completed. The Employment Appeal Tribunal (EAT) in Scotland has dealt with another case (Wood Group Engineering Ltd. v Robertson) which examined the exact employment status of an agency worker in this context.

Karen Robertson was employed by...

Illegal Contract Does Not Create Rights

An employee who knows that his or her contract of employment is illegal may not be entitled to some employment law rights, such as the right to claim compensation for unfair or wrongful dismissal. Unorthodox arrangements that breach the law can have the same effect, even if they are made in good faith.

The Employment Appeal...

Update on Family Friendly Legislation

The Work and Families Act has introduced measures intended to give more choice to families attempting to balance work and caring responsibilities. These impose significant new obligations on employers.

The period of statutory maternity pay has been extended from six to nine months for employees with children born on or after 1...

New Minimum Wage Rates and Fair Payment of Arrears

Legal Tests in Disability Discrimination Claims

Increases in Holiday Entitlement

Discrimination on the Grounds of Religion or Belief

Collective Redundancies - Notice of Dismissal

Changes to Family Friendly Legislation

The Work and Families Act introduces measures intended to give more choice to families balancing work and caring responsibilities.

The period of statutory maternity pay has been extended from six to nine months for employees with an expected week of childbirth on or after 1 April 2007.

Further measures include:
...

Asbestos Exposure - Widow of Victim Agrees Settlement

Disability Discrimination - What is Normal

Under the Disability Discrimination Act 1995 (DDA), a person has a disability if they have a physical or mental impairment which has a long-term substantial adverse effect on their normal day-to-day activities. The DDA requires employers to make reasonable adjustments to accommodate the needs of disabled employees.

The...

What a Difference a Minute Makes

A recent Employment Tribunal  (ET) case shows the importance of getting claims in on time. Under the ET's rules, an employee must bring an unfair dismissal claim within three months of his or her effective date of termination. Time limits for presenting claims to the Tribunals Service are normally strictly enforced. If the deadline is missed,...

Whistleblowing and Reasonable Belief

It is automatically unfair dismissal to dismiss an employee for making a ‘protected disclosure’, in good faith, to someone to whom they are entitled to make it, or to penalise them for doing so. Section 43B of the Employment Rights Act 1996 (ERA) defines a ‘qualifying’ protected disclosure as any disclosure of information...

Immigration Law Round-Up

New Tribunal Limits

The Employment Rights (Increase of Limits) Order 2006, which details the annual inflation-linked increase in limits on the amounts which can be awarded by employment tribunals, was made on 14 November 2006 and applies where the appropriate date falls on or after 1 February 2007.

The main increases in compensation limits are:
...

Get Ready for New Construction Industry Scheme

Managing Sickness Absence

Employment Status - Documentation not Decisive

Additional Paternity Leave Consultation

The Government has published a consultation paper on its proposals for the administration of the extension of Additional Paternity Leave and Pay.

Additional Paternity Leave and Pay will enable working fathers to take up to 26 weeks’ Additional Paternity Leave, some of which can be paid if the mother of the child has...

Points Based Immigration Timetable

The Government has announced that its new points based immigration scheme will be phased in from early 2008.

The new system will consist of a five-tier framework. For each tier, applicants will need sufficient points to obtain entry or leave to remain in the UK. Points will be awarded to reflect aptitude, experience, age and...

Disciplinary Warnings - No Validity After Expiry

Employers should take note that the court has reaffirmed that they cannot place reliance on a disciplinary warning that has expired, either in disciplinary proceedings or to justify dismissal.

In Airbus UK Ltd. v Webb, the Employment Appeal Tribunal (EAT) has ruled that a Tribunal is ‘obliged, and not merely...

Collective Redundancies - Failure to Consult

The Employment Appeal Tribunal (EAT), in the case of Leicestershire City Council v UNISON, has upheld the decision of the Employment Tribunal (ET) that the Council’s obligation to consult with trade union representatives regarding collective redundancies, under the Trade Union and Labour Relations (Consolidated) Act 1992 (TULRCA), commenced...

Changes to the Laws Regarding Maternity, Paternity and Adoption Pay and Leave

The standard rate of Statutory Maternity Pay, Maternity Allowance, Statutory Adoption Pay and Statutory Paternity Pay was increased to £106 per week from April 2005.

In November 2004, the Government announced its intention to extend the current 26-week period of Statutory Maternity Pay, Maternity Allowance and Adoption Pay...

Bullying at Work

At present, there is no legislation in the UK specifically to protect those who suffer bullying at work. Victims of bullying need to look to other legislation to gain protection or redress under the law. This may be employment law, health and safety law or general law, depending on the circumstances of the individual case.

A...

ACAS Guidance on Employing Older Workers

There are currently 20 million people aged 50 and over in the UK. By 2030, this figure is expected to reach 27 million.

The Advisory, Conciliation and Arbitration Service has issued new guidance, ‘Employing Older Workers’, aimed at helping employers make the most of this growing pool of workers. The guidance will be...

ACAS Guide to Holiday and Holiday Pay

Employers puzzling over staff holiday pay entitlements following recent changes to employment law will welcome the publication of revised guidelines on holidays and holiday pay. Issued by the Advisory, Conciliation and Arbitration Service (ACAS), these clarify the regulations in a useful question-and-answer format.

For example,...

Allowable Expenses and Employees

Alcoholic Bonus Not Discriminatory

The Employment Equality (Religion or Belief) Regulations 2003 prohibit direct discrimination, indirect discrimination, victimisation and harassment in the employment field (including vocational training) on the grounds of a person’s religion or belief.

Discrimination on religious grounds can sometimes amount to unlawful...

Heat and Light Deduction Breaches Minimum Wage Law

The Court of Appeal has upheld the ruling of the Employment Appeal Tribunal (EAT) in the case of Leisure Employment Services Ltd. v HM Revenue and Customs (HMRC), which dealt with the operation of the national minimum wage legislation.

HMRC had issued enforcement notices against Leisure Employment Services alleging that workers...

TUPE, Pensions and More

In February 2003, the Government announced plans to take forward reform of the Transfer of Undertakings (Protection of Employment) regulations (TUPE), the legislation that protects employee rights when the business they
work for is transferred to a new owner. The aim is to improve the operation of the legislation for all those involved...

Is Time 'On Standby' Working Time?

One problem area with the Working Time Regulations and the National Minimum Wage Regulations is whether or not hours when a worker is ‘on call’ should be treated as hours of work.

The Working Time Regulations define a person’s working time as ‘any period during which he is working, at his employer's...

Compromise Agreement Must be Comprehensive - Warning

Prepare Now for Smoking Ban

Legislation enacted under the Health Act 2006 will ban smoking in most enclosed workplaces and public places in England with effect from 1 July 2007. The ban also extends to work vehicles not used exclusively by one person.  

Whether starting from scratch in introducing a ban on...

Limitations on Employment of Romanians and Bulgarians

New Guidance on Troncs

The Return of Restrictive Covenants?

Fixed Term Contracts: Employers Take Note

Retirement Age Does Not Transfer

The Worker Registration Scheme

Ten states joined the EU on 1 May 2004. These were Cyprus, the Czech Republic, Hungary, Latvia, Estonia, Lithuania, Malta, Poland, Slovakia and Slovenia. Under transitional arrangements introduced on 1 May 2004, the new Accession State Worker Registration Scheme was introduced for new workers from these countries, excluding Malta and Cyprus,...

Female Transsexuals and Pension Rights

Following the recommendation of the Advocate General, the European Court of Justice (ECJ) has ruled (Richards v Secretary of State for Work and Pensions) that it was contrary to the Social Security Equal Treatment Directive for a male-to-female transsexual to be refused a retirement pension before the age of 65 when under UK law a woman is...

Statutory Grievance Letters - Employers Beware

Since 1 October 2004, all employers regardless of size have been required to operate minimum statutory grievance procedures as set out in the Employment Act 2002. There are two different procedures which can be followed, depending on the circumstances. The ‘standard procedure’ involves three steps, which are that:

Noise at Work

On 6 April 2006 the new Control of Noise at Work Regulations 2005 replace the existing legislation. These reduce the lower action level for daily exposure to noise from 85dB(A) to 80dB(A) and replace the existing absolute limit of 90dB(A) (taking hearing protection into account) with 87dB(A), above which exposure is prohibited. New rules also...

Protection Against Unfair Dismissal When Working Abroad

The House of Lords has handed down its decision on when an employee who works wholly or partly outside Great Britain can bring a claim of unfair dismissal before an Employment Tribunal (ET).

Under section 94(1) of the Employment Rights Act 1996 (ERA), an employee who has worked continuously for one year has the statutory right...

Salary Sacrifice Benefits Being Missed

Less than five per cent of UK employers provide their employees with financial help towards the cost of child care. However, employers and employees who have, or are contemplating having, such arrangements should consider the potential benefits of making use of a salary sacrifice scheme.

In a salary sacrifice scheme, salary is...

Discrimination - Manager Shares Cost with Employer

A manager who actively encourages a culture of discrimination at work can be made jointly and severally liable with the employer for damages resulting from a claim.

The Employment Appeal Tribunal’s surprising decision was the result of an appeal by Maxine Miles, who appealed against being found jointly and severally liable...

Employees Rights on Insolvency

The 1986 Insolvency Act introduced administration as a method of rescuing potentially viable businesses that are in financial trouble. Where possible, the administrator will run the business as a going concern retaining some or all of the employees. Generally, administration expenses take priority over other company debts. However, in accordance...

New National Minimum Wage Rates

The national minimum wage for adults increases from £4.85 to £5.05 per hour from 1 October 2005 and the youth rate, payable to 18- to 21-year olds, rises from £4.10 to £4.25 per hour. The rate payable to 16- and 17-year olds remains at £3.00.

Most benefits in kind, such as uniforms, meals or private...

New Working at Height Regulations

Falls from height are the single biggest cause of workplace deaths and one of the main causes of serious injury. A worker with fish and chip firm Harry Ramsden’s was recently awarded almost £50,000 in damages because he was injured in a fall from an unsecured ladder after being ordered to hang a heavy sign.

In order...

The Disability Discrimination Act 2005

The Disability Discrimination Act 2005 (DDA 2005) received Royal Assent on 7 April 2005 and is likely to be brought into force in stages, commencing later this year.

For the most part, the new Act implements non-employment law related measures, such as introducing a new positive duty on public bodies to promote equality of...

Redundancy Pay Priority Clarified

A recent case involving collapsed department store chain Allders has clarified the position as to where statutory redundancy pay (SRP) ranks in the pecking order of creditors when a company collapses. The Enterprise Act 2002 changed the respective rights of some creditors on an insolvency, which made it uncertain whether SRP was or was not an...