Archive for January, 2009
By Sarah - Friday, January 30th, 2009
For those of you that read our blog regularly you will be aware that we reported on the update from the ECJ on the long running saga of the case of Ainsworth on 20th January. We now have the judgment which has sent the case back to the House of Lords. The case revolves around WTR holiday and whether this accrues whilst off on long term sick. The case and the sick leave in issue did not exceed the duration of the leave year applicable i.e. it did not cross two leave years. The ECJ ruled that UK law:
1. Cannot prevent a worker on sick leave from being entitled to take paid annual leave during that sick leave. This means workers can take paid annual leave whilst off sick.
2. Cannot provide that the right to paid annual leave is extinguished at the end of the leave year even where the worker has been on leave for whole or part of the leave year and where his incapacity to work has persisted until the end of the employment relationship which is why he could not exercise his right to paid annual leave.
I read this one as workers accrue annual leave whilst off on long term sick which they can take when they get back to work. This is why in our annual seminar we said fixing bank holidays may be a good idea to avoid workers returning and then taking a long period on holiday.
3. Cannot provide that no allowance in lieu of paid annual leave is payable on termination of employment when the worker has been on sick leave for whole or part of the annual leave year.
This is similar to above in that the worker accrues holiday whilst off on long term sick but must be paid on termination if they never return for that holiday which could be a sizeable amount.
The Judgment is heavy going but if you want to read the full thing with reasoning you can here.
Posted in Holidays | No comments »
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By Philip - Thursday, January 29th, 2009
It was good to see John Martyn honoured in this year’s New Year Honours list, as he is a much underrated singer/song writer (judging by album sales anyway). It was a shock (although having seen a recent fly on the wall documentary, not a total surprise) to hear that he had died today at the age of 60.
For those who are afficianados and for those who are not, here’s JM on the OGWT (remember that) in the 70s, with one of his best loved songs.
Posted in Miscellaneous | No comments »
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By Philip - Wednesday, January 28th, 2009
…….ah, how sweet.
With the economic and meteorological clouds darkening, good news stories are always welcome and there is nothing us Brits like more than a rescued, cute animal tale.
Posted in Uncategorized | 1 comment »
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By Liam - Wednesday, January 28th, 2009
The case of Anthony Chowles t/a Granary Pine v West in the EAT illustrates the importance of correct spelling when completing an ET1 form.
The Claimant spelt the Respondent’s name incorrectly and also entered the wrong postcode. The Respondent did not lodge a response and the Tribunal entered a default judgment and awarded the Claimant £18,310.
The EAT set aside the default judgment, holding that the form had not been sent to the Respondent and remitted the case to the Tribunal for hearing.
Interestingly, the judgment does not deal with the issue of time limits. It was long after the normal 3 month limitation period that the Respondent received notice of the claim. Of course the Claimant only has to get the ET1 to the Tribunal within the 3 month period - often the Respondent will receive a copy outside of the limitation period, but not usually in excess of 10 months after the dismissal! For employers who think they are safe if they haven’t received a claim within 3 months, this case suggests that in unusual circumstances, an unwelcome surprise could come much later!
Posted in Categories, Employment Tribunal Procedure, Unfair Dismissal | No comments »
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By Nicky - Wednesday, January 28th, 2009
Amidst the economic downturn Asda have reported that due to the increased consumer demand for cheaper products they are planning to expand 15 of their existing sites and open 14 new stores in 2009. They estimate that a further 7,000 new jobs will be created.
For more details click here.
Posted in Miscellaneous | No comments »
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By Philip - Tuesday, January 27th, 2009
Well as we know conducting any business online carries with it enormous benefit and some risk. The recruitment website, Monster.co.uk, has just announced that all of its users’ personal data has been accessed and copied by unauthorised persons. Read it here.
Posted in Data Protection | No comments »
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By Emma - Monday, January 26th, 2009
New limits for basic and compensatory awards for unfair dismissal and for redundancy payments will be in force from 1 February 2009 for dismissals occuring on or after that date.
A week’s pay used for calculating basic award and redundancy payment will increase from £330 to £350 making the maximum basic award/redundancy payment £10,500.
The maximum compensatory award will increase from £63,000 to £66,200.
For more details see here.
Posted in Redundancy Payment, Unfair Dismissal | 1 comment »
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By Philip - Monday, January 26th, 2009
With all this doom and gloom around, it’s worth bearing in mind that change (even if enforced and apparently unwelcome) can be beneficial. Stepping off the work treadmill can lead to a better balanced and improved quality of life.
The FT has a report today that the worldwide drop in output will singlehandedly enable the kyoto signatories to meet their CO2 targets.
On an individual level, redundancies can lead to a more fulfilling life as set out here.
Posted in Redundancy | No comments »
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By Nicky - Friday, January 23rd, 2009
It has been reported that the Information Commissioner has upheld a request by a council employee to see various details on applications by other candidates for jobs . It was decided that whilst section 40 of the Freedom of Information Act enables refusal of such a request, the IC held that this exemption applied to some of the details in the application although not all.
The IC decided that some of the information contained within the applications could be disclosed without breaching the data Protection Act.
Fore more details please click here.
Posted in Miscellaneous | No comments »
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By Philip - Thursday, January 22nd, 2009
There was a perception that when the tories were in power, public sector employees were under paid, over worked, and insufficiently resourced in contrast with their private sector counterparts.
Now that labour is in power that perception has undergone a 360′ change-with the public sector perceived to be over resourced, under worked, over paid and featherbedded with a generous pension scheme.
The truth, as always, is probably somewhere in the middle. However I doubt you would find this local government working arrangement replicated too often in the private sector.
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