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Employment Legal Updates

Keeping you up to date on the latest issues and what it means for you.

31% drop in fatal accidents as recession bites
Provisional fatal accident figures issued by the Health and Safety Executive (HSE) for 2009-10 reveal a second year of sharp drops, particularly in the construction sector.
Date: 2010-08-16

TUPE transfer is no ongoing defence to equal pay claim
An employment tribunal ruling suggests contractors should be wary about equal pay claims when they inherit staff on an outsourcing.
Date: 2010-08-04

Age: A concern? End of compulsory retirement from October 2011
The Government has confirmed it is to abolish the default retirement age of 65, which currently allows employers to force employees to retire at that age.
Date: 2010-08-02

CPI, SPA, default retirement age: Ones to watch in the coming months
The Government has announced it will change the basis on which private sector pensions will be required to be increased.
Date: 2010-07-20

Panel considers 700th trade union recognition application
The Central Arbitration Committee’s annual report reveals that it dealt with its 700th recognition application during 2009-2010.
Date: 2010-07-12

Employers: Why you must comply with employment law
Recent annual statistics for employment tribunal services show claims submitted reached a record figure this year – up 56% on last year.
Date: 2010-07-12

Green light for redundancy payment cap – but for how long?
A recent decision is good new for employers operating contractual redundancy payment schemes, but the position may change in the future.
Date: 2010-07-12

Agency worker changes under review
The new government has confirmed that the controversial Agency Workers Regulations 2010 are being reviewed – before they have even come into force.
Date: 2010-07-07

Equality Act 2010 will start coming into force in October
The new government has confirmed that it will stick with the implementation timetable for the Equality Act 2010 set by the previous Labour administration.
Date: 2010-07-05

Emergency Budget 2010: Summary
The Chancellor delivered the 2010 Emergency Budget on 22 June. Here are the main tax points of interest.
Date: 2010-06-23

Wage rules set to change for apprentices
The new government has accepted the Low Pay Commission’s previous proposals to increase the national minimum wage and introduce an apprentice rate for the first time from October this year.
Date: 2010-06-22

The Equality Act 2010: The Devil’s work?
One getting to grips with the new Equality Act 2010 may be concerned to note that ‘being taken as a devil’ is now, apparently, a protected line of work.
Date: 2010-06-22

Supreme Court to consider the question of collective agreements on a TUPE transfer
Companies considering tendering for public sector work where employees’ terms and conditions are governed by collective agreements will be concerned to hear that the Supreme Court has granted permission for an appeal in the Alemo-Herron case.
Date: 2010-06-21

Dealing with grievances: What do managers need to know?
In this article we set out some guidelines for managers dealing with employees’ grievances.
Date: 2010-06-21

Government orders Vetting and Barring Scheme rethink
Voluntary registration with the Vetting and Barring Scheme (VBS) due to begin next month has been halted to allow the new coalition government to fundamentally remodel the scheme.
Date: 2010-06-15

The new UK Corporate Governance Code: What does it mean for directors?
The final version of the new UK Corporate Governance Code (the Code) was published on 28 May by The Financial Reporting Council (FRC).
Date: 2010-06-03

Ten things managers need to know about...misconduct disciplinary situations

Date: 2010-05-26

Employers need game plan for tackling World Cup absences
With the World Cup getting under way in South Africa next month, employers need to consider their strategy for keeping control of employee absences during the tournament.
Date: 2010-05-12

Underperforming managers: Give them extra time or send them for an early bath?
As the football season draws to a close, West Ham have sacked their manager and the future of several others looks precarious. Employment specialist and partner Richard Santy considers how to avoid employment law making an ugly mess of the beautiful game.
Date: 2010-05-11

Change of legal provider was not a TUPE transfer
The Employment Appeal Tribunal (EAT) has recently ruled that TUPE did not apply when a client changed the lawyers on its legal panel.
Date: 2010-05-11

Changing terms without consent: Ruling makes it possible
Like most types of contracts, employment contracts can usually only be varied by consent.
Date: 2010-04-22

Is your website accessible by the disabled? The law says it should be
Website owners have had a legal duty to make their websites accessible to the disabled for more than a decade.
Date: 2010-04-21

Employers handling Iceland volcano fallout
Last week’s volcanic eruption in Iceland is causing a legal headache for employers, as planes are grounded and staff left unable to get back to work.
Date: 2010-04-20

New rates for statutory pay from 4 April 2010
Do not forget that on 4 April the weekly prescribed rate of statutory maternity, paternity and adoption pay increased to £124.88 (from £123.06) or 90% of the person's average weekly earnings if less than £124.88.
Date: 2010-04-07

Additional paternity leave regulations in force this month, but only where baby is due on or after 3 April 2011
Employers have just under a year to prepare for the extension to statutory paternity leave and pay. Our Q&As provide a starting point.
Date: 2010-04-07

Employees can now ask for time off to train
The new right to request time off to train came into force on 6 April 2010 for employers with 250 or more staff. It is expected to apply to all other employers from 6 April 2011.
Date: 2010-04-07

Regulators to get details of ‘whistleblowing’ claims
From 6 April 2010 the employment tribunal will be able to send details of cases involving whistleblowing allegations to relevant regulators such as the HMRC.
Date: 2010-04-07

Employers must be prepared for fit notes
The new statement of fitness for work (fit note) replaced the current medical statement or ‘sick note’ on 6 April 2010.
Date: 2010-04-07

Happy new tax year: What do the next 12 months hold for UK pension schemes?
Welcome to the new tax year 2010/11. A new year is always an opportune time to make resolutions, and a new tax year is no exception.
Date: 2010-04-06

October National Minimum Wage increase, while apprentices get it for the first time
This year’s increases in the rates of National Minimum Wage (NMW) have been announced. As expected, apprentices will be entitled to a minimum wage for the first time.
Date: 2010-03-29

Employment status: Warning for employers as HMRC gets heavy with WeightWatchers
A recent ruling by HM Revenue & Customs (HMRC) is a cautionary tale for organisations that use staff they treat as self-employed.
Date: 2010-03-29

Equality Bill developments: Pre-employment health questions to be outlawed
The Equality Bill is continuing its passage through Parliament and now looks set to become law before the General Election, widely expected to be held in May.
Date: 2010-03-29

Equal treatment for agency workers: businesses need to start preparing for 2011 changes
From next year there will be important changes to the the rights of agency workers.
Date: 2010-03-16

New NI rules affect EU workers and employers
From 1 May 2010, the National Insurance (NI) rules that apply to employees who work in more than one EU Member State will change.
Date: 2010-03-05

All change in April for employment law
April and October are the two months when most changes to employment law are introduced. This year is no different, with plenty of changes coming into force in April.
Date: 2010-03-02

It's not all about Mr Brown ...
Recent media attention around whether or not the Prime Minister bullied staff threatened to obscure the real problem of bullying in the workplace and the serious and harmful effects it can have on employees.
Date: 2010-02-26

Contractual power allows employer to change employment terms without employees’ agreement
The Employment Appeal Tribunal (EAT) has ruled in favour of Asda after employees challenged its right to make changes to their pay structure unilaterally.
Date: 2010-02-22

Re-certification of PPF guarantees: Deadline alert!
The deadline for the submission of documentation to the Pension Protection Fund for the certification of contingent assets is 31 March 2010.
Date: 2010-02-17

Court of Appeal rules in BA crucifix case
The Court of Appeal has handed down judgement in the case of a British Airways worker who claimed her employer's uniform policy discriminated against Christians.
Date: 2010-02-12

Employers must keep lone workers under review or risk breaching health and safety laws
Employers have a legal duty of care to do everything reasonably practicable to ensure the health and safety of their employees.
Date: 2010-02-08

Contractors' relief at ruling they are not bound indefinitely by third party collective agreements
In what will be a very welcome decision for employers, the Court of Appeal has ruled that contractors who take on staff as a result of a TUPE transfer are not bound by new collective agreements negotiated by third parties after the transfer.
Date: 2010-02-02

Fit notes to replace sick notes from April 2010
Following last year’s consultation on replacing sick notes with fit notes the Government has said it will bring regulations implementing the change into force from April this year.
Date: 2010-02-02

IT suppliers: dotting the 'I's and crossing the 'T's following EDS v BSkyB
The verdict has finally arrived in the long-running IT dispute between EDS and BSkyB, for which the trial ended over a year ago.
Date: 2010-01-28

Statutory paternity leave and pay extended for babies due on or after 3 April 2011
Statutory paternity leave and pay extended for babies due on or after 3 April 2011
Date: 2010-01-27

Legal representation at disciplinary hearings may be needed to protect employees' human rights
The Court of Appeal has ruled that employees may be entitled to legal representation at some internal disciplinary hearings.
Date: 2010-01-26

Codes of practice on discrimination set to change
The Equality and Human Rights Commission (EHRC) has launched a consultation on three new discrimination codes of practice (the Codes) to support the Equality Bill when it comes into force.
Date: 2010-01-26

EAT considers extent of sex discrimination protection for woman undergoing IVF treatment
Employees who are pregnant enjoy a significant level of legal protection.
Date: 2010-01-04

TUPE: Guidance given on the time frame for informing and consulting
The Employment Appeal Tribunal has clarified the timing for giving information to employee representatives where a TUPE transfer is proposed.
Date: 2009-12-22

Christian registrar loses civil partnerships fight
The Court of Appeal has rejected an appeal by the Christian registrar who claimed being forced by her employer to officiate at civil partnerships ceremonies was religious discrimination.
Date: 2009-12-22

Unprecedented reduction in compensation for unfair dismissal from February 2010
For the first time ever the compensation limit in unfair dismissal cases will fall in February 2010.
Date: 2009-12-22

Database of serial litigants now live
For a fee, respondents facing employment tribunal claims can now find out if the claimant has previously won or lost other employment cases.
Date: 2009-12-22

National minimum wage: Sleeping-in allowance counted towards minimum wage
The Employment Appeal Tribunal (EAT) has ruled that a payment made for time spent overnight at a residential care home could be taken into account when calculating whether the employer had paid the national minimum wage (NMW).
Date: 2009-12-01

No wheelchair access meant bank breached disability discrimination law
Disability discrimination laws do not just apply to employers. They also require service providers to make reasonable adjustments for their customers – which could include altering their premises.
Date: 2009-12-01

Avoiding higher tax rates: Employment and tax issues
From 6 April 2010 higher rate tax will increase to 50% on earnings over £150,000.
Date: 2009-11-26

Queen’s Speech confirms 2011 equal treatment for agency workers
The Queen's Speech has confirmed that from October 2011 the 'Government will legislate to provide agency workers with the right to be treated equally with permanent staff on pay, holidays and other basic conditions'.
Date: 2009-11-19

Employee with climate change belief protected against workplace discrimination
A decision by the Employment Appeal Tribunal (EAT) means employees holding philosophical beliefs may now enjoy legal protection against discrimination in the workplace.
Date: 2009-11-04

Occupational health guidance requires patient consent to disclose reports to employers
Employers seeking medical reports on employees from occupation health doctors may be frustrated by new guidance from the General Medical Council (GMC).
Date: 2009-11-04

Companies in breach of Data Protection Act if they disclose directors’ home addresses
From 1 October 2009 the Companies Act 2006 (the new Act) has distinguished between directors’ residential and service addresses, and requires all companies to keep a separate register of their directors' residential addresses.
Date: 2009-10-29

First phase of Vetting and Barring Scheme in operation from 12 October 2009
The new Vetting and Barring Scheme aims to prevent unsuitable people from undertaking paid or volunteer work with children and vulnerable adults. It will vet all those who wish to work with vulnerable groups and bar those shown to pose a risk.
Date: 2009-10-16

Can we talk? How to have a without prejudice conversation with an employee
‘Without prejudice’ is the legal term for ‘off the record’. In a dismissal situation – maybe for poor performance – an employer may wish to speed up the formal process by offering a termination package on a without prejudice basis.
Date: 2009-10-16

Redundancy: When does duty for collective consultation arise?
The ECJ has recently given guidance on when the duty to consult collectively under the Collective Redundancies Directive (98/59/EC) is triggered.
Date: 2009-10-06

ECHR consultation on gender pay reporting in private sector
Under the Equality Bill, currently going through Parliament, private employers with 250 or more employees will be required to report on the gender pay gap within their organisations from 2013.
Date: 2009-10-06

New law on agency workers could come early next year
A new law giving significant new rights to agency workers looks set to become law sooner than expected.
Date: 2009-10-06

Parents can swap statutory leave between them from 2011
The Government has launched a consultation on regulations to extend statutory paternity leave and pay.
Date: 2009-10-02

Dismissal to avoid pension costs was age discrimination
The Employment Appeal Tribunal has found that a 49-year-old employee suffered age discrimination when he was made redundant to avoid pension costs that would have arisen once he reached 50.
Date: 2009-10-02

Discrimination gets more expensive
The Employment Appeal Tribunal (EAT) has increased the amount that tribunals must award for injury to feelings in discrimination cases.
Date: 2009-10-01

U-turn on pledge to extend paid maternity leave to 12 months
Perhaps the first casualty of the need for the Government to tighten its belt was seen earlier this month when it emerged that statutory maternity pay would not be increased, as expected.
Date: 2009-10-01

Default retirement age lawful, but Government review looms
The High Court has rejected Heyday’s long-running challenge to the UK’s default retirement age of 65, holding that it is lawful to force employees to retire at that age, provided the correct procedure is followed.
Date: 2009-09-30

ECJ extends holiday entitlement for sick workers even further
The European Court of Justice (ECJ) has handed down another significant case concerning the holiday entitlement of employees who have taken sick leave.
Date: 2009-09-30

October employment law changes
October is one of two regular implementation periods for employment law changes - the other is April - we round up the changes to look out for.
Date: 2009-09-30

Hot fine after Shell breaches fire safety regulations
A huge fine imposed on Shell emphasises the importance to all businesses - large and small - of carrying out the steps identified in a fire risk assessment and regularly reviewing that assessment.
Date: 2009-08-12

Full steam ahead for personal pension accounts
The Pensions Act 2008, implementing the Government’s workplace pension reforms, received Royal Assent on 26 November. Most reforms are expected to take effect from 2012.
Date: 2008-12-09

Goodbye statutory procedures, hello ACAS code of practice
The new ACAS Code of Practice (the Code has been approved by the Secretary of State for Business, Enterprise and Regulatory Reform, and will now go to Parliament for final approval.
Date: 2008-11-14

Redundancy rights and wrongs
With the UK economy continuing to be buffeted by the storm of the global financial crisis, the effects are now starting to be felt nearer to home in the real economy.
Date: 2008-11-10

Get ready for immigration system’s big shake-up
The biggest shake-up of the immigration system for 45-years happens at the end of November. Tiers 2 and 5 of the new Australian-style points-based system come into force on 27 November 2008.
Date: 2008-11-10

Doh! Law degree requirement was not age discrimination
The Employment Appeal Tribunal (EAT) found that a 61-year-old employee was not discriminated against on the grounds of age when his employer introduced a new grading system.
Date: 2008-11-01

EAT confirms broad reach of religious discrimination laws
The Employment Appeal Tribunal (EAT) has given a broad interpretation of UK law to ensure compliance with European legislation.
Date: 2008-10-31

New Year heralds prison sentences for health and safety offences
A new Act which comes into force on 16 January 2009 imposes serious new penalties for directors, employers and employees who are convicted of a health and safety offence.
Date: 2008-10-28

New regime for temporary agency workers approved by Europe
The European Parliament has approved the controversial temporary agency workers directive after six years of wrangling between EU members. The directive allows for temporary workers in the EU to be treated equally from day one.
Date: 2008-10-22

Employers in tribunal claims will have details disclosed
The Information Commissioner has ordered the Department of Business Enterprise and Regulatory Reform (BERR) to disclose names and addresses of respondents to employment tribunal claims made since October 2004.
Date: 2008-10-20

Remember, remember the 5th of November
That time of year is fast approaching, and with it comes the annual firework display, roaring bonfire... and approximately 1,000 people injured.
Date: 2008-10-20

Stress in the workplace: reasons to be fearful
Employers owe a duty of care to staff, and must do all they can to protect employees’ health and safety at work. This extends to protecting employees’ mental health. Employers failing to do so can be liable for unlimited damages for psychiatric injury.
Date: 2008-10-20

Finance Act 2008 contains new residence rule
A new rule to determine whether a person is resident in the UK for tax purposes is contained in the Finance Act 2008.
Date: 2008-10-13

Extension to flexible working from April 2009
The Government has announced that it will extend the right to request flexible working to parents of children up to and including the age of 16 in April 2009.
Date: 2008-08-28

Jumping the gun on retirement was age discrimination
In a recent case an employer paid a heavy financial penalty for retiring an employee one day before his 65th birthday. The employment tribunal awarded the employee over £36,000 in compensation.
Date: 2008-08-20

Equal pay claims could cost employers dearly on a TUPE transfer
A recent Employment Appeal Tribunal (EAT) judgement in the case of Sodexo v Gutridge examined the effect of TUPE (the Transfer of Undertakings (Protection of Employment) Regulations 2006) on transferring employees’ claims for equal pay.
Date: 2008-08-19

Employee tips loophole to be closed
The law is to be changed so that tips given to staff can no longer count towards an employer's obligation to pay the national minimum wage
Date: 2008-08-05

Appeal win is good news for defendant companies
A recent Court of Appeal decision has clarified the position with regard to s.3(1) of the Health and Safety at Work Act 1974 and specifically the concept of ‘risk’.
Date: 2008-08-05

Must you disclose internal investigations to regulators?
Following a serious accident or fatality in the workplace, an organisation will no doubt want to carry out an internal investigation to try and ascertain what the root causes of the incident were and prevent future accidents recurring.
Date: 2008-07-31

Driving at work: the health and safety implications
Driving is the most dangerous work activity that most people undertake. An average 20 people are killed and 250 seriously injured every week in crashes involving someone who was driving, riding or otherwise using the road for work purposes.
Date: 2008-07-28

European Court of Justice (ECJ) ruling extends UK’s discrimination law
The ECJ has delivered a ruling which extends the ambit of the UK’s disability discrimination legislation to those who are discriminated against because of their association with a disabled person but who are not themselves disabled.
Date: 2008-07-22

House of Lords changes the law on disability-related discrimination
The House of Lords has delivered a major judgement which will change the way in which the Disability Discrimination Act 1995 is interpreted and which is expected to make it harder for employees to succeed in claims of disability related discrimination.
Date: 2008-07-14

Draft ACAS guidance on new disciplinary and grievance Code of Practice published
ACAS has published draft guidance to accompany the new Code of Practice that is expected to come into force in April 2009 which sets out good practice for dealing with discipline and grievances in the workplace.
Date: 2008-07-01

Data protection good practice on transfer of TUPE employee liability information
Good practice guidance for dealing with data transfers in the context of a business sale or service provision change has been published by the Information Commissioner
Date: 2008-07-01

Consultation launched on new right to request time off for training
The Government has published details of a proposed new right for employees to request time off work for training purposes.
Date: 2008-07-01

New era for equality legislation moves closer
The Government published details of the new Equality Bill in a White Paper, called “Framework for a Fairer Future - The Equality Bill” on 26 June. The Bill is expected to be introduced into Parliament in November.
Date: 2008-07-01

UK's age law under scrutiny in Europe next month
Heyday’s challenge to the UK’s age discrimination law is due to be heard by the European Advocate General earlier than previously thought, a hearing has been scheduled for 2nd July
Date: 2008-06-03

Witnessesentials - Top tips for witnesses at employment tribunals
No employer likes to think that they could end up being taken to an employment tribunal by an employee. However, there are occasions when an employer is unlucky and has to deal with an employee who is determined to have their “day in Court.”
Date: 2008-05-28

Agency workers win equal rights after 12 weeks
On 20 May the Government announced that it had agreed a deal between unions and employers that will see agency workers in the UK receive equal treatment after 12 weeks' employment.
Date: 2008-05-21

Retailers who use agency workers should note
Retailers who use agency workers should note that after a long awaited decision from the Court of Appeal the current law in this area remains unchanged.
Date: 2008-03-26

Minimising the risk of discrimination
According to the Equality and Human Rights Commission there are 10 million people in the UK who have rights under the Disability Discrimination Act 1995.
Date: 2008-03-25

Are your employees social networking or just not working?
The popularity of social networking sites is a modern day phenomenon: the use of these sites has grown at a huge rate in a relatively short space of time. We look at the problems this can cause in the workplace and what employers can do about it.
Date: 2008-03-18

Temporary workers and collective redundancy: don't fall foul of the law!
Temporary workers are often used in the retail sector to plug the labour gap over busy trading periods but retailers could be inadvertently breaching collective redundancy law when the temps are no longer needed.
Date: 2008-03-05

Restrictive covenants: How far can you go?
What can an employer do when a key employee leaves them for a competitor? How do restrictive covenants work and what are the common problems for employers seeking to enforce them?
Date: 2008-02-27

Penalties for employing illegal workers set to soar
With new penalties to tackle illegal working coming into force, employers need to ensure that they are fully up to speed on checking employees’ right to work in the UK. Be warned, the penalties are increasing significantly and will not be avoided easily.
Date: 2008-01-30

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Kevin McCavish

Partner
T: 03700 86 8802
I: +44 (0)118 965 8802
E: kevin.mccavish@shoosmiths.co.uk