| Health & Safety Issues in an Ageing Workforce
The removal of the Default Retirement Age conjures up the prospect for some people of doddery old folks creating hazards for themselves, or others, and a consequent increase in accidents at work. This stereotyping is unlikely to be generally true but what is the reality?
Published Dec 12, 2011 - 12:46 PM
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| Agency Workers - New Law
The law changes on 1 October 2011 when the Agency Workers Regulations 2010 (the "Regulations") come into force. Agency workers will then qualify for equal treatment after 12 weeks in the same role with the same hirer regardless of whether they have been supplied by more than one agency for part of that period of time. The Regulations do not make agency workers into employees; the usual common law tests will regulate employment status. They aim to protect low-paid workers from 'exploitation'
Published Dec 12, 2011 - 12:42 PM
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| The Bribery Act
The Government has announced that the Bribery Act will come into effect on 1st July. It places a new burden on employers to ensure that their employees or representatives are not engaging in corruption.
Published Dec 12, 2011 - 12:39 PM
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| The Equality Act 2010 - What will this mean for employers?
The Equality Act 2010 came into force on 1st October 2010. The Act seeks to consolidate existing discrimination legislation in non-technical "plain English" to make it more accessible and easier to understand. As well as harmonising existing legislation into a single Act, it introduces several new rights and remedies. All earlier pieces of legislation will be repealed.
Published Dec 12, 2011 - 12:36 PM
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| Briefing: Can Health & Safety be made simpler? Can common sense prevail?
Lord Young (who subsequently resigned from his role as a Government adviser) published last Autumn his report "Common sense, common safety", which outlined recommendations which he believed would improve health and safety procedures in workplaces. The reforms are aimed at returning workplaces to 'common sense safety'.
The report outlined Lord Young's view that there is alarm amongst business owners of the increase in compensation claims, resulting in the implementation of extremely risk averse policies. The aim of these proposals was to eradicate this fear.
Published Aug 01, 2011 - 12:22 PM
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| Briefing: When does a Dismissal take effect for Statutory Rights Purposes?
The Problem
Claims under most statutory employment rights must be brought within a limited period of the dismissal.- so clarity as to the date a dismissal takes effect is crucial.
The law states that the effective date of termination (EDT) is either:-
• the date on which contractual notice, given by either party, expires, or
• where notice is not given (such as a summary termination for gross misconduct), the date on which the termination takes effect.
Case law states that a dismissal takes effect when it is communicated to the employee.
Published Aug 01, 2011 - 12:16 PM
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| Briefing: Employment Law Update - March 2011
EMPLOYMENT LAW UPDATE
We produced a newsletter to our clients in January which we thought would be adequate to cover planned changes in Government legislation for 2011. We were wrong as the Government have changed their plans in several respects, so this Newsletter will address those changes and the promised update on Paternity.
Published Aug 01, 2011 - 12:08 PM
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| Briefing: ACAS Guidance on Working without the Default Retirement Age
Last year Ed Sweeney, ACAS chair, said: "The removal of the DRA will raise practical issues for employers in managing the older worker such as succession and workforce planning, performance management and ensuring consistency and fairness in their policies and practices." This was an understatement to say the least.
On 13th January ACAS published their Guidance for employers. For our busy client we have summarised the document below.
Published Apr 04, 2011 - 01:00 PM
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| Briefing: Employment Law Update - January 2011
New Statutory Figures
The annual increase in compensation limits has been announced. The new limits are applicable where the event that gives rise to the award or payment occurs on or after 1st February 2011 and are:
- £400 - the maximum amount of a week's pay for calculating statutory redundancy pay and the basic award; (up from £380)
- £12,000 - the maximum statutory redundancy payment or basic award i.e. 30 weeks; and
- £68,400 - the maximum compensatory award which can be made for unfair dismissal (up from £65,300).
These increases mean that the maximum total unfair dismissal award is now £80,400 although uplifts can add a further 25%.
Published Apr 04, 2011 - 12:58 PM
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| Briefing: Do Employees have the Automatic Right to Addtional Bank Holidays?
The announcement that Prince William and Kate Middleton’s wedding is to be marked by an extra public holiday on 29 April 2011 will be great news for many – but it is likely to lead to questions over whether employers have to give an extra day's leave. There has always been confusion about the status of bank/public holidays. Public holidays include bank holidays, holidays by Royal Proclamation and 'common law holidays. It is important to note that employees do not have an automatic right to paid leave on any public holidays, whether they can or not will depend on their contract of employment. Many employers will be happy to give staff the day off with pay regardless of their contracts, but in these times of austerity that will not be an option affordable to all. In addition, some employers will have operational reasons for needing staff to work on that day. The only legal obligation on an employer is to allow their workers the minimum annual leave of 5.6 weeks laid down in the Working Time Regulations (WTR). This means that someone who works five days a week is entitled to a minimum of 28 days leave per year.
Published Apr 04, 2011 - 12:53 PM
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