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.
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.
Last Updated on Thursday, 10 September 2009 15:52
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.
Last Updated on Tuesday, 30 June 2009 12:50
Department for Business Innovation and Skills
Written by Rachel Billen
Thursday, 11 June 2009 00:00
New department for Business Innovation & Skills (BIS)
On Friday, 5 June 2009 it was announced that the Department for Business Enterprise & Regulatory Reform (BERR) is to be merged with the Department of Innovation Universities & Skills.
The new department will be known as the Department for Business Innovation & Skills which, according to the government press release, creates a single department “committed to building Britain’s future economic strengths”. The press release goes on to state that the new department will, amongst others, advocate the needs of business across government, especially of UK small business, promote an enterprising environment that is good for business and good for consumers and defend a sound regulatory environment that encourages enterprises and skills.
As at the time of writing, the website for the new department is still accessed through www.berr.gov.uk.
Last Updated on Tuesday, 30 June 2009 12:54
Minimum Wage Rates - June 2009
Written by Rachel Billen
Monday, 22 June 2009 00:00
The government has announced the new national minimum wage rates that will take effect as of 1 October 2009.
Hourly rate for:
(a) “Young people” i.e. 16-17 years who are no longer of compulsory school age (does not apply to apprentices)
£3.57
(b) “Development rate” 18-21 years
£4.83
(c) Adults 22 years and over
£5.80
The maximum accommodation allowance will rise from £4.46 to £4.51
Last Updated on Tuesday, 30 June 2009 12:53
Equality Bill
Written by Rachel Billen
Friday, 24 April 2009 14:35
Equality Bill
The Government has announced an amendment to the Equality Bill which will provide protection against associative and perceptive direct discrimination and harassment to those areas of discrimination legislation where this does not currently apply i.e. sex, age, disability and gender reassignment.
This will reflect the present protection in place for employees who are subjected to discrimination and harassment if they are wrongly perceived to belong to a particular group or have particular beliefs (known as perceptive discrimination). Likewise, discrimination is prohibited arising from an association with a person of a particular group or with a particular belief.
Registers of Judgments, Orders and Fines (Amendment) Regulations 2009
As of 1 April 2009, where an employer fails to pay an award made either by the Employment Tribunal or the Employment Appeal Tribunal and who have had enforcement proceedings commenced against them, will be entered onto the County Court Register of Judgments. This Register may be searched by the public and is also used by financial institutions when considering applications for credit.
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