Archive for January, 2008
By Philip - Thursday, January 31st, 2008
The EU Attorney General has given an opinion that an employee can be discriminated against by association. The question that had been referred to the ECJ was whether someone who was not themselves disabled, could claim disability discrimination where that person was closely associated with a disabled person.
An employee with a disabled son needed more flexibility in her work arrangements. The employer allegedly accused her of using his condition to “get out of work.”The employee obviously has the statutory right to request a flexible working pattern. Does she also have the right to complain about remarks that could be deemed to discriminatory of disabled people? The initial opinion appears to be yes, but we await the ECJ’s final decision.
Applying common senses, (dangerous I know) having derogatory general comments made in the workplace about,say, downs syndrome within the earshot of an employee with a downs syndrome child would seem to fall within the ambit of the DDA.
Posted in Disability Discrimination | No comments »
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By Sarah - Wednesday, January 30th, 2008
On the 1st February the amount for a week’s pay will increase from £310 to £330 for the cap for statutory redundancy and basic award.
This also means that the cap for Unfair Dismissal claims will rise to £63,000 after the 1st February 2008. Not many get to that level in any event unless the employee has long service and high earnings.
Posted in Redundancy Payment, Uncategorized, Unfair Dismissal | No comments »
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By Sarah - Tuesday, January 29th, 2008
The Advocate General has handed down his opinion in what was previously known as Ainsworth. This is of particular relevance for our clients who are awaiting the decision. The last position, we have all been following, was that employees off on long term sick did not accrue holiday whilst off on long term sick. This came from the Court of Appeal decision in 2005.
Tha matter was appealed to the House of Lords who referred the case to the ECJ. The Advocate General (whose opinion is normally followed by the full court) has indicated that this decision may well be reversed. Whilst it is common sense that employees cannot take holiday whilst they are off sick, the AG believes that holiday does accrue whilst they are off sick so that if an employee leaves they are entitled to compensation for that holiday even where the employee was off sick for a whole 12 months!
I am not sure that can be right if employees cannot roll over holiday from one year to another under the WTR. Of course these provisions apply to not just employees but the wider category of employees. We will have to watch this space. The full opinion can be found here.
Posted in Holidays | 2 comments »
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By Liam - Monday, January 28th, 2008
PJH Law’s sixth annual employment law update seminar was another success. For those of you that skipped class, you may find both the slides and the information at http://www.pjhlaw.co.uk/employment-law-resources/seminar-notes-2008.php useful, although as anyone who has skived the odd lecture will know, the notes are no substitute for going to class!
Posted in Training | No comments »
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By Sarah - Wednesday, January 23rd, 2008
The European Heart Journal has reported on a study into the effects of heart disease. The study found that those with stressful jobs under 50 years of age are 70% more likely to develop heart disease. Apparently a stressful job has a direct biological impact on the body. You can read the full story here. With special thanks to my client for sending me this story for its relevance in a Protection from Harassment Claim.
Posted in Health and Safety | 2 comments »
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By Liam - Tuesday, January 22nd, 2008
PJH Law’s annual Seminar is now only two days away (the morning of Thursday 24 January 2007) at the Holiday Inn Peterborough West (formerly the Moat House) in Peterborough.
The seminar will cover business immigration (employing non-UK nationals), recent changes in Employment Law and also forthcoming employment law changes including the long awaited repeal of the Statutory Dismissal Procedure.
The cost for the seminar is £25 per person including refreshments and members of the CIPD can use the Seminar in their CPD portfolios.
Call Linda on 0870 350 5805 for last minute bookings! For those that can’t make the seminar, the Powerpoint slides will be available on the PJH Law website from the end of this week.
For more information on PJH Law’s other training services, visit http://www.pjhlaw.co.uk/employment-law-services/training.php
Posted in Training | No comments »
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By Philip - Monday, January 21st, 2008
A common query is whether an employer can apply different sanction to different employees for very similar offences.
The answer is yes.
In the case of Harrow BC and Cunningham the judge at the EAT came up with a memorable saying that encapsulates the legal position. In operating a disciplinary procedure the employer should operate , using the procedure as a “guideline” rather than a “tramline”.
It will be very unusual for an employer to have two disciplinary cases with identical facts. Provided there is a rational basis for applying different sanctions, then any dismissal will not normally be outside the range of reasonable responses.
The principles were recently reviewed by the EAT in a case involving a lifeguard at a municipally run swimming pool.
The principle held good. The employer must have a rational basis for applying different sanctions . These could include: gravity of the offence, work and disciplinary record of the employees, length of service, position within the organisation.
So employers are entitled to use their discretion but must do so in a logical way.
Posted in Unfair Dismissal | No comments »
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By Sarah - Friday, January 18th, 2008
Equality and Justice group Stonewall have launched the Workplace Equality Index for 2008, which showcases the the UK’s top 100 employers for gay people.
The top employer for 2008 is Nacro, the national crime reduction charity. IBM and Lloyds TSB also made the top 10. You can see the full list here.
The top 100 employers were ranked according to criteria including implementation of effective equality policies to practical demonstration of good practice in recruitment and mentoring and how they engage with lesbian and gay staff, customers and service users.
240 employers entered the 2008 Index and had to obtain a minimum score of 71 per cent to be placed in the top 100. You can apply on Stonewall’s website to become a Diversity Champion here.
Posted in Sexual Orientation Discrimination | No comments »
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