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.
What's new in Employment Law?
Written by Rachel Billen
Monday, 29 March 2010 10:08
Changes taking place 6th April 2010
There are a significant number of changes taking place on 6th April 2010. Below is a summary of the most important ones:
Paternity Leave For those parents whose baby’s expected week of birth is on or after 3rd April 2011 (or placement for adoption), the father or partner of mothers or adopters will be eligible to take paternity leave of up to 26 weeks in the first year of life or adoption placement.
Statutory Paternity Pay The weekly rate of payment of additional statutory paternity pay will increase to the lesser of £124.88 and 90% of the employee’s normal weekly earnings.
The right to request time off to undertake study or training This comes into force for employees with 250 or more employees. The employee must have 26 weeks’ continuous employment to apply. Employers will be required to seriously consider requests that they receive, but may refuse a request if there is a good business reason for doing so. The leave granted is unpaid. The maximum compensation that may be awarded for non-compliance is eight weeks’ pay.
“Fit Notes” The format of the current medical statement (known as a “fit note”) and the rules associated with its completion will be changing. Doctors will be able to comment in the note whether the employee is unfit for work or alternatively, may be fit to work with support. The changes are designed to help remove the challenges faced by employees looking to return to work.
If you would like to discuss any of these changes or understand how they will affect you, please call our Employment Team on 01392 278 381.
This Employment Law Newsflash does 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 above.
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.
and are bound by their code of conduct