In this section we will cover the latest news surrounding employment law and recent cases.
Please note: Our Employment Law Articles do not constitute
legal or other professional advice and should not be relied on as
such. You should take specific advice regarding your circumstances
before taking any action based on the information contained within this
Article.
The right to request time off to train
Written by Rachel Billen
Monday, 21 December 2009 10:12
The Apprenticeships, Skills, Children and Learning Act 2009 introduces the right for employees to request time off to train. There is no obligation on the employer for the time off to be paid, or for the employer to pay for the training requested.
This is expected to come into force for large employers with more than 250 employees from April 2010 and for all other employers from April 2011.
It is anticipated that the procedure will mirror the current right to request flexible working, and will require an applicant to have 26 weeks continuous employment before making the request. It will be up to the parties to agree how much time should be given.
The Act specifies the content of the employee’s application, and as with the right to request flexible working, the employee will need to explain how the planned training would assist the employer. There are certain grounds upon which the employer may refuse the application.
Drop in Annual Compensation Limit
Written by Rachel Billen
Friday, 18 December 2009 10:18
Each year, the government reviews the statutory cap on weekly pay (used to calculate redundancy pay and the basic award for unfair dismissal) and the maximum compensatory award available under the Unfair Dismissal legislation. This normally takes place in October.
In October 2009, the statutory cap was increased to £380. However, as of 1st February 2010, the maximum compensation award is to drop from £66,200 to £65,300. The statutory cap on a week's pay will remain the same at £380.
Increase in awards for injury to feelings in discrimination cases
Written by Rachel Billen
Tuesday, 29 September 2009 00:00
Increase in awards for injury to feelings in discrimination cases
The judgment in the case of Da’Bell –v- NSPCC was handed down by the Employment Appeal Tribunal on Monday 28th September 2009.
The case increases the bands of awards which may be awarded for injury to feelings in discrimination cases, as originally set down in Vento. This is to reflect inflation and is of immediate effect.
Constructive Dismissal – Credit for sums earned during notice period
Written by Rachel Billen
Thursday, 10 September 2009 15:48
The
Employment Appeal Tribunal’s decision in Stuart
Peters –v- Bell
has been overruled by the Court of Appeal.
The case of Norton Tool –v- Tewson held that in
claims of unfair dismissal, employees are entitled to compensation for all of
the notice period, even if they found another job during that period. This could mean that employees could, in
effect, be paid twice for the same period.
In Stuart Peters –v- Bell, the Employment Appeal Tribunal had
previously held that the rule also applied to cases of constructive unfair dismissal.
The Court of
Appeal disagreed. Where an employee
brings a claim for constructive dismissal and claims compensation in relation to
the period of notice they were entitled to, they must now give credit for sums
earned in other employment during that period.
Sick Notes
Written by Rachel billen
Monday, 22 June 2009 09:45
The government has announced that it plans to replace sick notes with a new medical “fit note” to replace the current MED3. It is proposed this will come into force in Spring 2010. This change is currently under consultation.
The proposals would allow doctors to indicate whether there were any changes to an employee’s working environment and/or role which could help in achieving an earlier return to work. It is also proposed that doctors could provide an employer with an assessment of a patient’s fitness to work and give an indication when a patient may be fit to undertake light duties. The draft proposal does not require the employer to make any recommended changes and where changes cannot be agreed a fit note proposing light duties should be regarded as an “unfit note” for the purposes of benefits and sick pay etc.
and is bound by their code of conduct.