News

The Enterprise and Regulatory Reform Act 2013 has now been published. Section 103 of the Act contains commencement dates. Some of the employment provisions, such as changes to the whistleblowing legislation, will come into force on 25 June 2013.

The digital monitoring of staff creates a inevitable conflict between the employee’s right to privacy and the employer’s need to protect the business.  There are four pieces of legislation to consider:

The Employment Appeal Tribunal (EAT) in Assamoi v Spirit Pub Company (Services) Ltd has held that even though an employer can not cure a breach of mutual trust and confidence, it can take steps to prevent a situation from becoming a breach.

The coalition Government has introduced the Enterprise and Regulatory Reform Bill 2012-13.

The Employment Appeal Tribunal (EAT) in Samsung Electronics v Monte D`Cruz has held that an employer is entitled to take into account subjective criteria when an employee is being considered for suitable alternative employment in a redundancy situation.

Over the next few years various changes will be made regarding pensions that employers need to be aware of. 

The default retirement age (DRA) of 65 will be abolished from 1 October 2011. Retirement will no longer be a fair reason for dismissing an employee.

When an employee is no longer employed by your organisation and you have provided a reference on request, what further duty do you owe them?

Despite the Government’s commitment to reducing the regulatory burdens on business, there has been much confusion over the changes expected to take effect this April.

As many of our clients will already know, there has been an important decision in the past week or so. Its impact has, however, not been fully appreciated by many.

The Default Retirement Age (DRA) is to be phased out this year, the government has confirmed.  It means employers will no longer be allowed to dismiss staff just because they have reached the age of 65.

Mark the date in your diaries; Friday, 29 April 2011 is a public holiday to celebrate Prince William's marriage to Catherine Middleton.

The Equality Act 2010 received Royal Assent on 8 April 2010. It brings together and restates the existing discrimination legislation and seeks to adopt a single approach where appropriate. 

In GX Networks Ltd v Greenland the Court of Appeal held that a contractual power to cap an overperformance bonus "by exception only" meant that it could only be capped in exceptional circumstances. In this case the employee's substantial overperformance on sales targets, coupled with the employer's decision not to review her targets because of the likely demotivating effect, were not exceptional circumstances.

While the coalition agreement does not provide a huge amount of detail on the government's employment policies, it sets out a number of proposals that have an impact on this area and may impact upon employers before the end of this parliament.

As all employers should now be aware the statutory disciplinary and grievance procedures that caused businesses so much expense and concern have been repealed and replaced with a more "relaxed" approach. 

It has been made clear that a Conservative government might seek to restore flexibility to the labour market and the balance between employer and employed. It is said that the intention is that employees should be able to work in the changing lifestyles of today, while companies once again enjoy the benefits of pro-competitive laws that encourage small business.

In Buckland v Bournemouth University Higher Education Corporation [2010] EWCA Civ 121, the claimant resigned and brought a claim for constructive dismissal many months after a fundamental breach of contract by his employer, the University.

Employer may reserve right to change employees' contracts without consent -  Generally, parties to an agreement can only vary the agreement’s terms by mutual consent. However, the case of Bateman & Ors -v- Asda Stores Limited has changed all that (potentially).

Who's that in the corner? - A frequent question before an internal disciplinary or grievance hearing has been – who may an employee bring with them as supporter/representative. 

Discrimination, are you too old? - Two recent judgments passed down by the European Court of Justice (ECJ) raise interesting points in relation to age discrimination.

Review of the Year - 2009

The Personal Accounts scheme will be a trust-based pension scheme into which all employers and employees (unless exempt) must contribute.

In our last edition we stated that the maximum weekly statutory redundancy payment will increase from £350 to £380. The Government has now confirmed that this increase will become effective on 1 October 2009.

As we stated in our last issue, the effect of new legislation is that from 6 April 2009 the statutory dismissal and disciplinary procedures will be repealed (see Employment Law Update February 2009).

The annual increase in compensation limits for dismissals and other trigger events occurring after 1st February 2009 have increased to..

Redundancy is a very stressful time for both employees and employers.  Emotions can frequently run high.  Maitland Walker Solicitors Employment Team understands the need for clear, concise and practical advice and have produced this guide to Redundancy, which answers some frequently asked questions.

In the current economic climate, employers have to think very carefully about the immediate future of their business and how to adapt in order to survive this unpredictable and uncertain time.

Her Majesty’s Revenue and Customs (HMRC) recently served three enforcement notices on three employers requiring them to pay arrears of wages to their employees.  HMRC was attempting to clarify the National Minimum Wage Regulations 1999.

Garden leave describes the practice of instructing an employee who is leaving an employer following a resignation, or termination of their employment to stay away from work, possibly spending their time gardening, during their notice period.