£6 million savings and a reduction of 2,000 tribunal claims. These are the headline grabbing figures bandied about by the Government a few days ago after announcing the latest employment law reforms.
In this month’s review we consider an EAT decision that confirms that the concept of‘self dismissal’ does not exist. We also consider the Supreme Court’s decision, which upholds an earlier ruling by the Court of Appeal, that contract wording cannot determine the employment status of workers. We also provide an update on new legislation coming into force on 1 October 2011 and consider the annual Employment Tribunal statistics.
Rena Magdani
Partner
0845 272 5715
rena.magdani@freethcartwright.co.uk
Flexible working is set to become one of the most topical workplace challenges for employers following the announcement of Government plans to create a more modern workplace for the modern economy.
Introduction
In this month’s review we take a look at the Bribery Act 2010 in the context of employment law and practice. We also consider a recent ECJ decision which may provide UK employers with justification to impose retirement ages even though the Government has abolished the default retirement age of 65.
Phillip Bury
01782 202020
phillip.bury@kjdfreeth.co.uk
In this month’s review we look at the government’s proposals as part of a consultation to overhaul the Tier 2 of the immigration points based system and offer a brief guide to dditional paternity leave.
We also review some recent decisions including a case where it was found that an employer was not required to adjust its redundancy selection criteria as reasonable adjustment for a disabled employee, a case which considered the decision to dismiss on grounds of capability and a Supreme Court decision on legal representation at internal disciplinary hearings. Finally we consider Sharon Shoesmith’s successful appeal against her dismissal as Director of Children’s Services at Haringey London Borough Council.
Michael Wright
0845 634 2563
michael.wright@freethcartwright.co.uk
Joanne Kay, partner in the employment team at Freeth Cartwright, talks about how atypical workers can help businesses remain flexible in an article prepared for Derby Evening Telegraph, July 2011
Introduction
In this month’s issue we focus on more changes afoot in the field of family friendly rights - just as we’re attempting to get to grips with the additional paternity leave regime implemented in April!
A consultation has been launched on Government plans to create an even more flexible workplace, which, if implemented, would make significant headway towards making the UK one of the most family-friendly countries in Europe. The same consultation also includes plans to adjust the rules on annual leave and sickness absence under the Working Time Regulations, as well as introducing mandatory audits for employers who lose an equal pay claim.
Separately, the Department for Business, Innovation and Skills has identified discrimination compensation awards, collective redundancy consultation and TUPE as further areas for potential reform. So it looks like the world of employment law is unlikely to stand still for some time yet.
Rebecca Sawbridge
0845 634 2589
rebecca.sawbridge@freethcartwright.co.uk
In this month’s issue we look at the latest guidance issued on the new Agency Worker Regulations. Short updates include National Minimum Wage increases, the Courts and Tribunal Service merger and the launch of the Government’s “Red Tape Challenge”. Finally we review recent case law including a case where an employee was dismissed for gross misconduct as a result of making inappropriate comments about customers on a social networking site.
Joanne Kay
0845 634 1724
joanne.kay@freethcartwright.co.uk