Review of the Year - 2009

• Compensation limits for dismissal and other trigger events increased after 1 February 2009.
• The Employment Act 2008 received Royal Assent, meaning that from 6 April 2009 the statutory dismissal and disciplinary procedures were repealed.
• In relation to disability discrimination, in Eastern and Coastal Kent PCT, the EAT provide its criteria by which prospective employers should be judged.
• The maximum weekly statutory redundancy increased from £350 to £380 effective from 1 October 2009.
• A shareholder and a director of a company can also be classified as employees for the benefit of receiving statutory payments (BERR -v- Neufeld).
• The Flexible Working Regulations 2009 extended the right to request flexible working to employees with children under the age of 17.
• Sabbaticals are becoming an increasingly popular alternative to making redundancies.
• The EAT  held “where one contractor ceases and another commences service provision with differences in time, manner and/or place, there can still be a service provision change (SPC) under TUPE”.
• The overall value of an employee’s salary and benefits taken together is likely to the main factor when deciding compensation awards.
• From 1 October 2009 the National Minimum Wage Regulations 1999 (Amendment) Regulations 2009 came into force bringing a number of changes to the minimum wage rate.
• From 12 October 2009, employers can check on line for people banned from working with children or vulnerable adults using a centralised vetting system produced by the Safeguarding Vulnerable Groups Act.
• A decision of the Court of Appeal regarding the status of a group of 20 self-employed car valets will have a potentially serious impact on employment issues for many schools.
• Finally, if you do not already know, John Clarke has joined Maitland Walker as a partner in our employment team.  John has a national reputation for his employment law expertise and has extensive experience in advising major education clients.  We feel that John adds a greater ability to provide our clients with an even more balanced and efficient service.

Please contact Nick Rowe or John Clarke in the Maitland Walker Employment Team on 01242 285855 for further advice and assistance.

MAITLAND WALKER SOLICITORS

As this information has been prepared by Maitland Walker Solicitors as a general guide, we recommend you seek specific professional advice before acting on any information contained within it.  No liability can be accepted by Maitland Walker for any action taken or not taken as a result of this information. Maitland Walker is regulated by the Solicitors Regulation Authority.