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Employment Articles
National Minimum Wage (29 October 2010)
The National Minimum Wage Act 1998 was enacted to secure a minimum hourly rate of pay for employees. Employers are under an obligation to pay the specified national minimum wage.
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The Equality Act (29 October 2010)
The Equality Act came into force in October 2010, bringing all legislation outlawing discrimination in the workplace together in one place. It outlaws direct discrimination, indirect discrimination, harassment and victimisation based on protected characteristics. It also has further protection related to disability. Read more...
Supreme Court’s affirms when an EDT will be (29 October 2010)
One of the most frequently debated issues with regards to unfair dismissal claims that arises before the Employment Tribunals is ‘when was the effective date of termination?’ Read more...
Fathers’ Rights At Work (19 July 2010)
With two fathers of young children in charge of the new coalition government, it is perhaps unsurprising that fathers’ rights to leave from work and flexible working to care for their children are hot topics.
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Workers no longer protected by anti-discrimination laws (19 July 2010)
The law in relation to representation at disciplinary hearings is limited to trade union representation and work colleagues. This puts the majority of employees in difficult situations due to either not being a union member and/or work colleagues too afraid to attend with them. It follows that the employee subject to disciplinary proceedings seems to suffer a disadvantage. But what happens if the outcome of the disciplinary proceedings affects you ability to continue to practice your profession? Well, the answer prior to the Court of Appeal’s recent judgment was tough, ‘we will not allow anyone else to attend with you because that is what the law is.’ Read more...
Damaged Based Fee Agreements (19 July 2010)
In the past claimants and their solicitors have successfully funded Employment Tribunal disputes, through contingency fee agreements and no-win- no-fee agreements. On 9th April 2010, the Damages Based Agreement Regulations 2010 came into force, governing the use of contingency fee agreements, which are also to be called damages based agreements (DBA).
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Fixed Term Contracts and Oversea Workers (24 May 2010)
The Court of Appeal has ruled (Duncombe, Fletcher and others v Secretary of State for Children, Schools and Families) that staff regulations instituted by the board of governors of the ‘European Schools’, that restricted the period of employment of teachers to nine years, were unlawful as the rule could not be objectively justified as necessary under the EC Fixed-Term Workers Directive and the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, which implement the Directive into UK law. Read more...
No discrimination where a job application is not genuine (24 May 2010)
The Employment Appeal Tribunal has confirmed that the Tribunal was correct to reject claims of age discrimination made against various employment agencies where it was found that the applications made were not genuine. Read more...
Whistleblowing – Allegations Arising During Tribunal Claims (12 April 2010)
When someone believes they have been dismissed or suffered a detriment at work because they have made a protected disclosure under the Public Interest Disclosure Act 1998 (PIDA), they can bring a claim to the Employment Tribunal (ET). Last year, there were 1,700 claims involving PIDA allegations. Hitherto, the ET has taken no action regarding information arising from such allegations, which may relate to serious fraud, health and safety issues, financial irregularities etc. However, this is about to change with the introduction of a new system whereby this information can be passed to the appropriate regulator for investigation, without unsubstantiated allegations being released into the public domain. Read more...
Loss of Paid Holiday Entitlement (12 April 2010)
The Employment Appeal Tribunal (EAT) has ruled (Lyons v Mitie Security Ltd.) that a worker’s right to statutory paid annual leave, under the Working Time Regulations 1998 (WTR), is not inalienable as it can be subject to fairly operated statutory or contractual requirements to give notice to the employer. Read more...
Immigration – Identity Cards for Foreign Nationals – Tier 2 (12 April 2010)
In November 2008, the UK Border Agency (UKBA) introduced a new system making it compulsory for migrants from outside the European Economic Area and Switzerland to obtain an identity card for foreign nationals (ICFN). Use of ICFNs is being introduced gradually by immigration application type. Read more...
Fixed-Term Contracts and Overseas Workers (12 April 2010)
The Court of Appeal has ruled (Duncombe, Fletcher and others v Secretary of State for Children, Schools and Families) that staff regulations instituted by the board of governors of the ‘European Schools’, that restricted the period of employment of teachers to nine years, were unlawful as the rule could not be objectively justified as necessary under the EC Fixed-Term Workers Directive and the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, which implement the Directive into UK law. Read more...
National Minimum Wage Cheats - Watch Out! (30 March 2010)
HM Revenue and Customs (HMRC) are intent on cracking down on employers who fail to pay workers the National Minimum Wage, particularly those who use migrant labour to undercut competitors. Read more...
Employment Tribunal follows European Court in holding that employee could carry over holiday lost due to sickness (30 March 2010)
Last year, the ECJ held that an employee who fell sick during his pre-booked annual leave, was entitled to take that annual leave later, even if that was in the next leave year. Read more...
Employment Appeal Tribunal confirms employers can change contractual terms (30 March 2010)
In Bateman & Ors v Asda Stores Ltd the Employment Appeal Tribunal has confirmed that where a Contract of Employment or Staff Handbook contains a broad contractual right for the employer to alter the terms of employment, it can go on to change even fundamental contract terms, such as pay structures, without the employees’ agreement. Read more...