Employees’ Rights & Benefits
TUPE case may signal loosening of restrictions
Transfer of Undertakings (Protection of Employment) Regulations (TUPE) could be loosened depending on the outcome of a current employment case, according to a senior lawyer.: Professor Dominic Regan, visiting professor of civil litigation at London’s City University, said the case of Parkwood Leisure Ltd v Alemo-Herron had reversed earlier law and ‘sensibly’ not upheld TUPE.
Mon, 1 Aug 2011 • Read more
Employers fail to abide by anti-ageism legislation
Employers run the risk of falling foul of anti-ageism laws by continuing to discriminate against older workers, the Chartered Institute for Personnel and Development (CIPD) has warned.: Last month, the CIPD published the findings of a survey that showed less than half of workers aged over 65 had a formal appraisal once a year or more frequently, compared with nearly two-thirds of all staff. Older staff were also less likely to receive training.
Fri, 1 Jul 2011 • Read more
MP concern over tribunal gagging
A celebrity chef will face an employment tribunal, following allegations of non-payment of wages, unfair dismissal and sexual discrimination by two former employees.: Another employee who is a former chief executive of the company is also suing the unnamed chef for age discrimination and non-payment of wages.
Wed, 1 Jun 2011 • Read more
Holiday ruling heard in EU
A decision on the length of time employees can carry over holiday entitlement, which they may have cancelled due to sickness, will be decided upon in the Court of Justice of the European Union (CJEU).: The case, KHS AG v Winifred Schulte began on 3 May and is the result of two separate cases being referred to the CJEU by two member states – the cases of Styler in the UK and Schultz-Hoff in Germany. The result of these cases found that paid annual leave under the Working Time Regulations (WTR) continued to accrue during sick leave, and that workers can opt to take that leave when off sick, subject to the employer’s rights to control when leave is taken.
Wed, 1 Jun 2011 • Read more
Doctors agree fit note policy is a success
A Department for Work and Pensions survey finds that two-thirds of GPs believe the ‘fit note’ has helped patients return to work.: The fit note, introduced last year, allows a GP to tick a box saying the person is ‘fit for some work’, moving away from the ‘all-or-nothing’ sick note system. The fit note also permits doctors to recommend workplace alterations to help someone work who may not be fully mobile.
Sun, 1 May 2011 • Read more
Proposal to replace SSP with insurance
Statutory Sick Pay (SSP) could be replaced by health insurance if the Government approves recent recommendations, but HR leaders warn the reform could leave employees out of pocket.: Proposals published by the think tank Demos last month claim a system of personal welfare insurance through National Insurance rebates would increase the number of employees returning to work after long-term sick leave.
Fri, 1 Apr 2011 • Read more
Royal wedding creates payroll headache
Local authority payroll workers face added administration as a result of this year’s extra bank holiday, following a parliamentary amendment that ensures teachers receive the additional day of leave.: The School Teachers’ Pay and Conditions (Amendment) Order 2011 reduces the number of days a teacher must work in the 2010/11 school year by one day. This means supply teachers, who are paid by the hour, must now be available to work 1258.5 hours per year, down from 1265. So their hourly pay rate, which is calculated by dividing annual salary by the number of hours worked, will see a small rise. As the amendment applies to the academic year, local authority payrollers will have to back-pay supply staff from 1 September 2010.
Fri, 1 Apr 2011 • Read more
Non-EU workers cap
Employers of non-EU Tier 2 workers may be forced to make redundancies and face discrimination claims when a new annual limit on visas comes into force, an employment lawyer has warned.: From 6 April, employers will be required to apply for a Certificate of Sponsorship (CoS) from the UK Border Agency for skilled workers who are applying from outside the EU through Tier 2 of the pointsbased system. Capped at 20,700 entries per year, the visas will be allocated monthly and will last for 12 months. Organisations can renew their allocation each year, but if their application is declined and they are short of CoS, existing employees without a certificate will be considered illegally employed.
Tue, 1 Mar 2011 • Read more
HMRC gets ‘bloody nose'
HM Revenue & Customs has been given a ‘bloody nose’ in its attempts to establish employee status for a freelance contractor under its IR35 rules. The controversial rules attempt to illuminate the grey area that arises when an independent contractor carries out regular, continuous work for a client.: In the latest case, a Bristol tribunal found in favour of MBF Design Services, run by Mark Fitzpatrick, which had a contract with Airbus. Since 2003 the aerospace giant had hired MBF under a contract via intermediaries at an hourly rate that increased if Fitzpatrick worked more than 35 hours a week. The Revenue claimed that Fitzpatrick was a disguised employee of the company, and should pay income tax and National Insurance through Airbus’ payroll.
Tue, 1 Mar 2011 • Read more
Government considers tribunal fees
Employees pursuing grievance claims against their employers may face fees in future, following calls from business leaders to reduce the number of expensive cases that appear before employment tribunals.: A 56% rise in cases last year has prompted suggestions for a returnable fee or deposit of £30 to £500 per case to discourage spurious claims.
Wed, 2 Feb 2011 • Read more
Firm wins age ruling
The Court of Justice of the European Union (CJEU) handed down a significant judgment relating to age discrimination last month.: The ruling refers to the case of Rosenbladt v Oellerking Gebäudereinigungsgesellschaft, which concerned a collective agreement for employees in the commercial cleaning sector. The contract stipulated an automatic termination of employment at the age of 65.
Thu, 4 Nov 2010 • Read more
Sympathy low towards strikers
Striking public sector workers will lose public sympathy if they cause disruption to essential services, despite the chancellor announcing public sector workers earning more than £21,000 face a pay freeze while almost 500,000 jobs could go.: Some 74% of employees agree that as the private sector face tough times then public sector employees who embark upon strike action and who cause disruption to the general public will lose sympathy.
Thu, 4 Nov 2010 • Read more
Default retirement age on scrap heap
The Default Retirement Age (DRA) is to be scrapped, meaning employers cannot compulsorily retire employees at age 65. The change comes into force from 6 April, although the DRA can still be applied to people notified prior to this date, whose retirement commences before 1 October. After 1 October, employers concerned about ageing staff can still operate a compulsory retirement age if it can be justified.: ‘It is high time we ended this outdated form of age discrimination,’ said employment relations minister Edward Davey.
Thu, 4 Nov 2010 • Read more
New maternity rights to cost UK £2.5bn
Employers have increased pressure on the Government and the European Union to reduce new maternity rights. The British Chambers of Commerce last month claimed that the most recent plans will cost businesses £2.5bn a year.: The proposals, part of the European Union Pregnant Workers Directive, would offer 20 weeks’ leave on full pay. MEPs are due to vote on the proposed law this month.
Thu, 7 Oct 2010 • Read more
Payroll officer in alleged sick benefits swindle
A council payroll officer who took long-term sick on full pay after claiming he had a back injury is in court facing fraud allegations after he was filmed sprinting on a running track and coaching young athletes while on leave.: Matthew Thomas, who had been a keen and former professional athlete, had previously represented St Lucia in the Commonwealth Games.
Thu, 2 Sep 2010 • Read more
Extreme stress on rise
One in four employees dreads going back to work on a Monday, a major report by health charity Mind has revealed. Employees were questioned about their levels of anxiety and more than 26% said they felt dread and apprehension the day before going back to the office.: Respondents reported being physically sick on Sunday evenings at the thought of going into work on a Monday morning and having panic attacks on the train on the way into work.
Thu, 3 Jun 2010 • Read more
Male worker wins bias case
A man has won a claim of sex discrimination in a case where his employer dismissed him instead of a pregnant colleague – ironically for fear of a tribunal case. To deepen the irony, the case was at the Leeds office of leading law firm Eversheds.: John de Belin won £123,000 in damages after successfully claiming discrimination following the firm’s decision to make him redundant. Chris Syder, head of employment at law firm Davies Arnold Cooper, told Personnel Today that it was a ‘fascinating case’. He said that following the ruling, many employers will have to review their redundancy criteria.
Thu, 3 Jun 2010 • Read more
Agency Workers Regulation under threat
The Government has delayed the implementation of the Agency Workers Regulation until October 2010, throwing its future into jeopardy. The Conservatives opposed the regulations vigorously from the beginning of the formation, and there is now concern that if they win the next election they may seek to amend, or even attempt to repeal, the regulation. They believe the regulations will have an adverse effect on agency workers as end users will avoid using them. But an employment law firm has warned employers not to rely on the possible change of government to make compliance easier.: Mark Hammerton, partner at international law firm Eversheds, explained there is little room to change the legislation: ‘The reality is that any Conservative Government would have limited power to amend the regulations, let alone repeal them, given that they derive from EU legislation. A failure to implement the Directive in full would lead to the EU taking enforcement action against the UK,’ he said.
Tue, 4 May 2010 • Read more
Christian loses necklace case
A Christian nurse who refused to remove a crucifix during working hours has lost a claim of discrimination against her employers. The nurse, Shirley Chaplin, was moved to a desk-based role after she refused to remove a crucifix necklace. Ms Chaplin was told by an employment tribunal that wearing the cross is not a ‘mandatory requirement’ of her faith.: The requirement to remove necklaces and chains is a health and safety matter, preventing aggressive patients from pulling at the neckwear.
Tue, 4 May 2010 • Read more
Tribunal rules on holiday lost to illness
Holiday days that were lost to sickness can be carried over into the next year, a tribunal has ruled. In Shah v First West Yorkshire Limited, where Shah had booked four weeks’ holiday but due to sickness absence was unable to take it, the Employment Tribunal followed the recent European Court of Justice (ECJ) ruling, which held that holidays can be carried over to the following leave year.: ‘This is the first Employment Tribunal case since last year’s related ECJ decisions on sickness and holiday pay,’ said Matthew Tom, employment lawyer at Candey. ‘It is not binding on other tribunals, but is an indication that tribunals will attempt to interpret UK law in line with EU legislation and decisions where possible to do so.’
Mon, 1 Feb 2010 • Read more
