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Employment - Legal Updates

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Jan
06
2015

More holiday pay headaches? When must holiday leave be carried over?
#Employment

In another case relating to holiday leave, The Sash Window Workshop Ltd and another v King UKEAT/0057/14, comments by the EAT suggest that workers will be entitled to carry holiday over to the next leave year where they are unable to take their holiday for reasons beyond their control, as an exception to the usual rule that holiday entitlement expires at the end of a leave year. This is already the case if the reason for not taking the leave is the worker's sickness (following NHS Leeds v Larner [2012] IRLR 825), but now the scope of the exception seems to be wider....

Dec
04
2014

No appeal in holiday pay overtime cases
#Employment

UNITE, which represents the claimants in the Hertel (UK) Ltd v Woods and others UKEAT/0160/14 and AMEC Group Ltd v Law and others UKEAT/0161/14 cases, has announced that it will not be appealing the EAT's decision. The indications are that the employers in these cases will not be appealing either.  This means that the legal position in relation to overtime and holiday pay, in light of these cases...

Dec
04
2014

New smartphone for Christmas? How will you use it at work?
#Employment

It is quite possible that many of your employees will receive new smartphones, tablets and laptops as Christmas gifts. It seems timely, therefore, to take a moment to consider what issues might arise from allowing employees to use such gadgets in the workplace....

Nov
28
2014

Shared parental leave policy on employmentbuddy
#Employment

This is now available to download here. As the regulations are notoriously complicated (and only just made final this week), plus  this is all very new territory for employers to get their heads around, we may revise the policy before 5 April 2015. Keep an eye out, we will update you....

Nov
28
2014

Final shared parental leave and pay regulations published and in force from 1 December 2014
#Employment

The Shared Parental Leave Regulations 2014 (SI 2014/3050) and the Statutory Shared Parental Pay (General) Regulations 2014 (SI 2014/3051) have been made final this week. They both come into force on Monday 1 December 2014 in respect of children whose expected week of childbirth or placement for adoption is after 5 April 2015 There appear to be no significant changes from the draft regulations....

Nov
21
2014

Enforced subject access requests will be a criminal offence from 1 December
#Employment

With effect from 1 December 2014, section 56 of the Data Protection Act 1998 (DPA) will come into force, making it a criminal offence to request an enforced subject access request. Enforced subject access occurs where one person is compelled, for example by an employer or prospective employer, to make a subject access request under the DPA and then provide the response. Employers cannot apply f...

Nov
21
2014

Redundant employees on maternity leave - when does the special protection against dismissal arise?
#Employment

When it becomes apparent during maternity leave that the employee`s role is redundant, at what point does the obligation offer suitable alternative employment arise under regulation 10 of the Maternity and Parental Leave Regulations 1999? Could it be when the restructuring is complete, which could be when the employee is returning from maternity leave or even after her return, which could then re...

Nov
14
2014

Employment tribunal was biased because it relied on online research
#Employment

We are perhaps all guilty of doing some quick research online to make our presentations look more credible However, when can an employment tribunal do some research before making a decision? The answer is no, not if the parties do not agree to it. The EAT has ruled that a tribunal committed a procedural error in searching on the internet for evidence that supported a claimant`s case that she was...

Nov
14
2014

Are your union agreements clear as to whether trade union duties count as working time?
#Employment

An employment tribunal has confirmed that time spent by trade union representatives attending union meetings was not "working time" within the meaning of the Working Time Regulations 1998. A health and safety representative and a shop steward brought claims against their employer after it refused to take into account time spent on their union activities when calculating the 11 hour rest period th...

Nov
07
2014

Download Buddy`s Ebola guidance notes for free
#Employment

Employmentbuddy has just published two new free documents: Ebola - guidance for employers Ebola - information and guidance for employees We have made these documents accessible to all members. Please sign in to download your free copies. If you require further assistance please contact a member of the Employmentbuddy team....

Nov
07
2014

"Non-guaranteed" overtime must be included in the calculation of holiday pay
#Employment

The Employment Appeal has given its judgment in the case of three appeals - Bear Scotland Ltd and others v Fulton and others [2014], and Hertel (UK) Ltd v Woods and others [2014] and Amec Group Ltd v Law and others [2014]. The common issue in each of these cases was the calculation of holiday pay. The cases centered round the interpretation of Article 7 of the Working Time Directive. This Article reads as follows:...

Nov
04
2014

Holiday pay: overtime must be included says EAT
#Employment

Today the Employment Appeal Tribunal released its judgment in the three conjoined holiday pay cases. The Bear Scotland case (road construction and maintenance in Scotland) related to non payment of overtime and other payments associated with work in calculating holiday pay. The Hertel and Amec cases (construction) related to non payment of overtime an calculation of payment in lieu of notice on...

Oct
31
2014

Self employed beauty consultant not protected under Equality Act 2010
#Employment

The Court of Appeal has upheld the finding that a beauty consultant was not in "employment" under section 83 of the Equality Act 2010 as she did not have a contract of employment or a "contract personally to do work". She provided her services through a limited company to a business which supplied staff to a third party (a cosmetics company) to work in an airport duty-free outlet. The Equality...

Oct
31
2014

Redundant permanent employees can be redeployed in preference to long serving agency workers
#Employment

An agency worker, who worked for the Ministry of Defence for 8years, has failed in his attempt to claim that his employer had failed to comply with the obligation under the Agency Workers Regulations 2010 whichprovides, "An agency worker has during an assignment the right to beinformed by the hirer of any relevant vacant posts with the hirer, to give thatagency worker the same opportunity as a com...

Oct
24
2014

ICO updates code of practice for CCTV and surveillance cameras
#Employment

The Information Commissioner`s Office (ICO) has published an updated code of practice for CCTV and other types of surveillance cameras. It provides best practice advice, for those involved in operating CCTV and surveillance cameras that view or record individuals` information, on how to comply with the Data Protection Act 1998. The code now provides specific guidance on particularly intrusive te...

Oct
24
2014

No discrimination in dismissing disabled employee on final written warning for absence
#Employment

The EAT has found that there was no disability discrimination based on a failure to make reasonable adjustments and that it was fair to dismiss a disabled employee who had received a final written warning for repeated absences and where the absence was unlikely to improve. In General Dynamics Information Technology Ltd v Carranza UKEAT/0107/14, the employee had received a final written warning fo...

Oct
24
2014

Civil servants to get enhanced shared parental pay equal to maternity pay.
#Employment

The Deputy Prime Minister Nick Clegg has announced plans to equalise parental leave and pay arrangements for members of the civil service. Female civil servants can currently take maternity leave at full pay, but partners would not receive full pay if they choose to take time off as shared parental leave with their partner. From April 2015, civil servants taking shared parental leave will be enti...

Oct
17
2014

New ACAS guidance on shared parental leave
#Employment

Acas has published Shared parental leave: a good practice guide for employers and employees....

Oct
17
2014

Extension of parental leave for parents of children aged 18 and under from 5 April 2015
#Employment

The government has published new regulations  to extend parental leave to parents of children aged between five and 18. This is due to come into force on 5 April 2015. At present, with the exception of parents of disabled children, only parents of children aged five  and under can take such leave, which is currently a maximum of 18 weeks that is limited to four weeks per year....

Oct
17
2014

EAT guidance on amount of compensation in unfair dismissal cases
#Employment

The EAT has provided some guidance on making "Polkey" deductions. This is the deduction in compensation a tribunal will make in an unfair dismissal claim if it finds that the employee would have been dismissed in any event even if a fair procedure been followed. In Contract Bottling Ltd v Cave and another UKEAT/0100/14, the EAT overturned an employment tribunal`s assessment of a 20% Polkey deduc...

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