It has already been a busy year for businesses in terms of getting to grips with new employment law changes and, in the last few days the Government has published its long awaited consultation on a new system of shared parental leave and an extension of the right to request flexible working to all employees.
Introduction
In this month’s issue we look at some of the main provisions set out in the 2011 Budget which will aid the Governments ‘plan for growth’. With the forthcoming Royal Wedding in mind, we look at whether employees have an automatic right to paid leave on public holidays. Short updates include the Bribery Act, Public Sector outsourcing and the plans to move the May Bank Holiday. Finally we review a case where an employee’s failure to appeal against a final warning did not prevent the Tribunal revisiting the validity of that warning when considering the reasonableness of a subsequent dismissal of the Claimant.
Philip Pepper
0845 271 6794
philip.pepper@freethcartwright.co.uk
Introduction
In this month’s review we consider the Government’s decision to phase out the default retirement age and highlight a possible problem for employers who are considering retiring staff who are 65 or due to reach 65 before 6 April 2011. We also consider the issue of costs in the tribunal now that the Government has unveiled plans to reform the employment tribunal system in England and Wales.
Phillip Bury
Solicitor,
Assocaite firm: KJD Freeth
01782 20 20 20
phillip.bury@kjdfreeth.co.uk
GOVERNMENT ANNOUNCES MAJOR TRIBUNAL REFORMS
The Government has unveiled its much anticipated plans for reform of the employment tribunal system in England and Wales. The proposed reforms aim to reduce the complexities and costs of the current system and to ensure that employment law is no longer seen as a ‘barrier to growth’; they also reflect widespread concern that the system as it stands threatens to damage businesses, and in particular smaller companies.
In this month’s review we look at the decision of the Employment Appeal Tribunal relating to the selection of employees for redundancies and another decision of the EAT which considered the issue whether avoiding potential costs could be used to justify discrimination.
In addition we provide a brief overview of other cases and an update on legislative changes.
Hanif Lula
0845 634 2547
hanif.lula@freethcartwright.co.uk
In the second of our series on International Franchising we focus on the do’s and dont’s for a UK franchise that wants to expand internationally.
In this month’s review we clarify the status of bank holidays in light of next year’s royal wedding and consider the implications of the Government’s proposal to remove legal aid funding in employment cases. We take a look at a recent decision by the Court of Appeal on PILON (”Payment in lieu of notice”) clauses and bonus payments and provide updates on new statutory payment rates and compensation limits for 2011. We also consider two recent announcements concerning the National Minimum Wage and ACAS’ pre conciliation service.
Rebecca Sawbridge
0845 634 2584
rebecca.sawbridge@freethcartwright.co.uk
Frank Beeton
0845 274 6940
frank.beeton@freethcartwright.co.uk
Introduction
In this month’s review we consider the effects of the Equality Act 2010 in relation to Compromise Agreements and whether you can safely compromise claims for discrimination under the Act. We also review the current position relating to the prohibition of pre-employment health questionnaires which aims to address discrimination against disabled people in recruitment.
In a review of recent case law we look at the decision by the Employment Appeal Tribunal in which pregnancy related gossip amounted to harassment.
Joanne Kay
0845 634 1724
joanne.kay@freethcartwright.co.uk
