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Paternity leave overhaul
/in Paternity Leave/by Meredith HurstSpeaking at the Demos think tank on Monday the deputy Prime Minister Nick Clegg outlined the government’s plans for more flexible working arrangements for parents. Clegg, who described the current paternity leave provisions as “Edwardian” went on to say that they place toogreat a burden on mothers. Fathershave the benefit of only two weeks’ paternity […]
CRB checks
/in Criminal Records Bureau/by Meredith HurstPaul Harris-Stelfox of Thomas Mansfield has confirmed that the Court of Appeal has today handed down its decision in Desmond v Nottinghamshire Police.This is authority for the proposition that a person cannot bring a claim in negligence against the police in respect of information provided to an employer during an enhanced Criminal Records Bureau check. […]
Unfair dismissal rights set to change
/in Unfair Dismissal/by Meredith HurstEmployees can only bring a claim for unfair dismissal if they have the necessary period of continuous employment at the date of termination. In most cases of unfair dismissal, the necessary period of service is one year. click here for more information The date of termination is either the date on which notice expires (even […]
Age Related Notice Periods Discriminatory
/in Uncategorised/by Meredith HurstECJ finds age-related notice periods age discriminatory In Kucukdeveci v Swedex GmbH & Co the ECJheld that a German law providing that employment before the age of 25 is disregarded when calculating service-related notice periods breached the EU Equal Treatment Directive (2000/78). The Court also held that the prohibition on age discrimination in the Directive […]
ECJ Rules on Pregnant Worker’s Pay
/in Uncategorised/by Meredith HurstThe Advocate General has given his opinion in the case of Parviainen v Finnair Oyj (C-471/08), recommending that the European Court of Justice hold that the EU Pregnant Workers Directive (No.92/85) does not require an employer to pay a pregnant worker, who is temporarily transferred to a different job to prevent her being exposed to […]
Self employed or employee?
/in Uncategorised/by Meredith HurstCourt of Appeal decision on sham employment terms In Autoclenz Ltd v Belcher and ors the Court of Appeal has held that a group of car valets employed under terms and conditions that professed them to be self-employed were, in reality, employees. In so doing, the Court has overturned the EAT’s decision and brought the […]
Swine Flu latest
/in Uncategorised/by Meredith HurstThe following guidelines are confirmed by acas: Swine flu is a worldwide concern, which has already affected most workplaces. Whether you are an employer or employee, it’s important to know what your role is and how you can help manage your own concerns, as well as those of staff and colleagues, while keeping your business […]
01 October 2009 New legislation
/in Uncategorised/by Meredith Hurst1 October 2009 National Minimum Wage (NMW) Increases in the hourly rates of the NMW will take effect on 1 October 2009. These will be: · Standard (adult) rate: £5.80 (rising from £5.73). · Development rate: £4.83 (rising from £4.77). · Young workers rate: £3.57 (rising from £3.53). · Accommodation offset rate: £4.51 (rising from […]
Creating a precedent
/in Uncategorised/by Meredith HurstEmployers should beware about creating a precedent that certain payments will be made. The recent Employment Appeal Tribunal case of Peacock Stores -v- Peregrine & Orsprovides this stark reminder. In this case, the employer had over a number of years consistently paid redundancy payments based on statutory terms but without applying the statutory cap on […]