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Feb
02
2015

Get ready for Easter. More men than women want shared parental leave from 5 April
#Employment

The new shared parental leave rules apply in respect of babies due on or after 5 April 2015, which happens to be Easter Sunday this year....

Feb
02
2015

Removal of parking facility for HGV drivers did not amount to workplace closure redundancy
#Employment

The EAT has upheld a finding that two delivery drivers were unfairly dismissed when their employment was terminated on the basis of redundancy, following a change to their terms and conditions. For several years the drivers had been entitled to park their HGVs overnight at a secure facility near their homes in Stockport, and were paid for their time travelling to the employer's Wednesbury depot each day. ...

Feb
02
2015

John Lewis agrees to additional £12 million a year in holiday pay liability
#Employment

John Lewis Partnership has announced that with effect from February 2015 , when calculating holiday pay it will follow the Employment Appeal Tribunal ruling last November that holiday pay must take account of non guaranteed overtime....

Feb
02
2015

Civil service settlement agreements cannot be used to avoid disciplinary action
#Employment

The Cabinet Office has published Cabinet Office Guidance on Settlement Agreements, Special Severance Payments and Confidentiality Clauses on Termination of Employment which will apply from 1 February 2015. ...

Feb
02
2015

Acas revises guidance on disciplinary and grievance meetings
#Employment

On 16 January 2015, Acas published a draft revised Code of Practice on Disciplinary and Grievance Procedures providing new guidance relating to a worker's right to be accompanied. It confirms that an employer must agree to a worker's request to be accompanied by any chosen companion from one of the statutory categories, namely a fellow worker, trade union representative or official....

Feb
02
2015

When are future claims really settled?
#Employment

The High Court has given judgment in a case, which although it is not an employment case, considered the issue of whether a settlement agreement had settled future claims. Although the settlement agreement was, it appeared, drafted narrowly and only made reference to the specific claim number in the previous court proceedings, the court considered very carefully the statements of case of the original claims. ...

Feb
02
2015

Further major public sector employer to end check off method of collecting union subscriptions
#Employment

HMRC has announced that it will be withdrawing the "check off" facility, allowing union subscriptions to be collected through payroll, by the end of April 2015....

Feb
02
2015

11 month old strike ballot was out of date
#Employment

The High Court has granted an interim injunction against a union preventing it from taking industrial action in relation to an industrial action ballot that had been carried out 11 months previously. The court held that the industrial action could not be said to be continuing, and therefore at some point shortly after the previous strike the authority of the ballot to sanction industrial action came to an end....

Jan
14
2015

Effects of obesity can be a disability - ECJ confirms
#Employment

The European Court of Justice has today given judgment in the obesity and disability case involving a Danish childminder, Mr Kaltoft, that we first reported back in July of this year. The approach taken by the Advocate General, that the effects of obesity can constitute a disability, although obesity is not in itself a disability, has been confirmed, as expected. It is to be imagined that the timing of the case, as we head into the Christmas feasting period, will attract some media attention, given the present topicality of both obesity and European law....

Jan
14
2015

UNISON loses High Court challenge to employment tribunal fees
#Employment

The High Court this week handed down its judgment in Unison's second application for judicial review to challenge the employment tribunal fees system. The challenge was, again, unsuccessful....

Jan
14
2015

Advocate General's opinion in Woolworths case due 5 February 2015
#Employment

At the start of last year we reported that the Court of Appeal had referred the Woolworths and Ethel Austin cases to the European Court of Justice (ECJ) . These cases were considered by the ECJ on 20 November last year....

Jan
14
2015

News Flash - Holiday Pay
#Employment

BIS has just announced the Government will make changes to regulations under the Employment Rights Act 1996 that will mean that claims to Employment Tribunals cannot stretch back further than 2 years. ...

Jan
14
2015

Are your TUPE transfer employees working for you legally?
#Employment

The need for an employer to carry out a right to work check for all prospective employees is mandatory. But here at Forbury People / Employmentbuddy we have noticed that what can often be overlooked is the situation regarding TUPE transfers. When you acquire employees you must carry out these checks within 60 days of the transfer rather than 28, which used to be the case....

Jan
12
2015

2015 what does it hold for employers?
#Employment

Employmentbuddy's latest article gives you a helpful timeline of this year's important dates that could affect your business...

Jan
06
2015

Reasonable adjustments: bus company's wheelchair policy did not discriminate
#Employment

Although not an employment case, the case brought against the bus company, FirstGroup, and reported this week has raised some interesting issues on what is a reasonable adjustment. The question was whether it was a reasonable adjustment under the Equality Act 2010 to require a bus company to have a policy requiring non-wheelchair using passengers to move if occupying a space required by a wheelchair user?...

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....

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