Legal Updates
Good News for Companies using Agency Workers 11 February 2008
The Court of Appeal has confirmed the decision of the Employment Appeal Tribunal (EAT) that an Employment Tribunal should only imply a contract of employment between an end user and an agency worker where this is necessary to reflect the business reality of the situation.
Expired Disciplinary Warning 11 February 2008
Taking into account an expired disciplinary warning when dismissing will not necessarily lead to a finding of unfair dismissal. This was the decision of the Court of Appeal in Airbus UK Limited v Webb.
Information and Consultation 11 February 2008
The thresholds for the purposes of the Information and Consultation of Employees Regulations 2004 and the Occupational Pension Schemes (Consultation by Employers) Regulations 2006 will fall to 50 employees on 6 April 2008.
No entitlement to sick pay during maternity leave 5 February 2008
In Department of Work and Pensions (DWP) v Sutcliffe, the EAT considered whether contractual sick pay amounted to remuneration and was not therefore payable when Sutcliffe fell sick during her maternity leave.
Stricter penalties for employing workers illegally and increased immigration checking requirements in place from 29 February 2008 5 February 2008
From 29 February 2008 the Home Office, through the new Border & Immigration Agency, will implement changes to the system for the prevention of illegal working in the UK. There is a nationwide marketing campaign underway highlighting the penalties for employers that break the rules.
Increase in Compensation Limits for 2008 5 February 2008
The Employment Rights (Increase of Limits) Order 2007 has recently been published. The main increases in compensation limits are as follows and will apply from 1 February 2008:
Holiday pay update - bad news for employers of long-term sick workers? 28 January 2008
The Advocate General, giving her opinion in Stringer and Others v HM Revenue & Customs (formerly Commissioners of Inland Revenue v Ainsworth and Others), has recommended that the ECJ hold that:
Entitlement to holiday during long-term sick leave 28 January 2008
If the ECJ follows the Advocate General's recommendations, all workers will accrue holiday during long-term sick leave, although they will not be able to actually take holiday (or be paid for it) while they are on sick leave.
Age Discrimination law is in disarray in the wake of a landmark employment tribunal case, legal experts have warned 25 January 2008
Personnel Today: A tribunal ruled that Kent-based law firm Clarkson Wright and Jakes (CWJ) did not discriminate against Leslie Seldon, a former senior partner, by forcing him to retire at the age of 65.
Employment e-brief: Preventing ex-employees from using company information 23 January 2008
It is often assumed that individuals who try to retain and use information from their former employer to provide themselves with an illegitimate springboard to set up a rival business will be acting in breach of their implied duties of confidentiality.
Age discrimination and uncertainty over retirement law 16 January 2008
The charity Age Concern has argued that UK age discrimination legislation contravenes European law by allowing employers to retire employees against their wishes.
