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We would like to thank asb law for providing us with their employment law briefing newsletter which we will update on our website every month and hope that you find it of interest.
Welcome to the April briefing from the Employment team at asb law. Despite the uncertainties of a potential change in government, the pace of change in employment law continues unhindered.
Now Spring has sprung and people will be starting to think of booking their summer holidays, we look at recent case law in relation to whether a worker can be sick and on holiday at the same time.
With the continuing popularity of compromise agreements, we review what is required to make a compromise agreement valid, whilst also considering recent case law.
A number of changes in employment law take effect this month – we provide a quick summary of the main changes to be aware of.
Can a worker be sick and on holiday at the same time?
Confusingly for all concerned, the answer is yes… and no. Recent decisions both in the European Court of Justice and in UK courts have been grappling with this issue and with how the Working Time Regulations (which provide for a right to annual leave in the UK) and the corresponding European Directive fit together. Employers dealing with members of staff either on long term sickness absence, or who return from leave claiming to have been sick, may be forgiven for thinking that they are in a no win situation.
BREAKING NEWS - Equality Bill completes passage through parliamentary process
On 6 April, the Equality Bill was approved by the House of Commons and is therefore expected to receive Royal Assent shortly.
The Equality Act 2010 is due to be brought into force in stages to allow organisations time to prepare, though the majority of the provisions will come into force this October.
The validity of compromise agreements
“Do I have to get legal advice on this agreement? Can’t I just sign it and get my money? I promise I won’t bring a claim now”.
As you will be aware, for a Compromise Agreement to be binding, the employee must take independent legal advice and the adviser’s personal details must be set out in the agreement – without this, the employee will still be able to bring claims against their employer. But what else might invalidate a Compromise Agreement?
April 2010 Employment Law Changes – What all employers should be aware of
Here is our quick guide to the main changes in employment legislation from April 2010:
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Statutory maternity, paternity and adoption pay
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Fit notes
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Right to take time off for training
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Paternity leave increase
For the rest of the main changes click here
What we've been up to...
The Employment team recently represented a travel client in defending a number of claims brought by a casual worker. The Claimant was pursuing claims of part-time worker discrimination, victimisation, national minimum wage and holiday pay.
At a pre-hearing review we successfully established the Claimant’s employment status as a casual worker and not an employee, as he had claimed.
When it came to the full hearing, in bringing his part-time worker discrimination claim, the Claimant sought to argue that he should be on the same terms as permanent full time employees doing the same job. As the Claimant had been found to be a casual worker, we argued that he could not use full time permanent employees as a comparator. This argument was successful and resulted in the Tribunal finding that the Claimant had not suffered any discrimination.
In addition, we established that the Claimant’s other claims had no merit, the consequence of which was that all claims were dismissed by the Tribunal.
Interesting links:
Can you justify your job title?
http://news.bbc.co.uk/1/hi/magazine/8537055.stm
Bosses are still rejecting highly qualified women because they fear they will leave to have children
People who can choose their own working hours enjoy better physical and mental health
http://news.bbc.co.uk/1/hi/uk/8519310.stm
Fathers 'unaware of their paternity rights'
http://news.bbc.co.uk/1/hi/business/8521357.stm
Can ‘conduct unbecoming’ be grounds for a fair dismissal?
HR will have a pivotal role in the economy of the future
http://www.hrmagazine.co.uk/news/rss/984963/HR-will-pivotal-role-economy-future/
Maternity leave extension backed by European MPs
http://news.bbc.co.uk/1/hi/business/8533438.stm
Serial claimant's bonanza from 'ageist' job ads
http://www.timesonline.co.uk/tol/business/law/article7017982.ece