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Alison Best
Recent Activity
The Court of Justice of the European Union (in KHS AG v Schulte) has confirmed that EU law does not require the indefinite carry over of annual leave when a worker is off sick for several consecutive leave periods. The UK government will need to take this decision into consideration... Continue reading
Posted Dec 1, 2011 at Mills & Reeve: HR Law Live
Employers, even governments, have finite resources when it comes to making workplace adjustments for disabled employees. They often face difficult decisions in determining how their budgets should be spent. This recent decision by the Employment Appeal Tribunal leaves it to tribunals to assess the reasonableness of possible adjustments based on... Continue reading
Posted Oct 10, 2011 at Mills & Reeve: HR Law Live
The government yesterday announced that it will double the qualifying period of service required for employees to bring an unfair dismissal claim in the employment tribunals. It will rise from one year to two years. They have stated that the change will take effect from April 2012. The government estimates... Continue reading
Posted Oct 4, 2011 at Mills & Reeve: HR Law Live
The facts of this case can be briefly summarised. The claimant began her employment on 1 February 2010. however, in July 2010 her employer gave her notice of dismissal, to expire on 1 February 2011. While that notice was still running, the claimant presented an unfair dismissal claim on 11... Continue reading
Posted Aug 19, 2011 at Mills & Reeve: HR Law Live
Case law from the Court of Justice of the European Union in 2009 appeared to decide that, under the EU Working Time Directive, workers should be permitted to carry forward accrued annual leave indefinitely if sickness absence had prevented them from taking it. A new opinion from the Advocate General... Continue reading
Posted Jul 14, 2011 at Mills & Reeve: HR Law Live
The Court of Appeal has confirmed in Grant v HM Land Registry that the fact that a gay employee has come out will be highly relevant in assessing whether subsequent conduct by colleagues amounts to discrimination or harassment. In this case Mr Grant had disclosed his sexuality to his colleagues... Continue reading
Posted Jul 8, 2011 at Mills & Reeve: HR Law Live
Two recent decisions from the Employment Appeal Tribunal have clarified two technical areas of collective redundancy which do not often arise in the cases: the election of representatives, and what happens when a claim for breach of the requirements is brought by an individual rather than by employee representatives. In... Continue reading
Posted Jul 7, 2011 at Mills & Reeve: HR Law Live
The EAT in Lancaster v TBWA recently considered the extent of an employer’s obligation to make reasonable adjustments to selection criteria where a disabled employee is at risk of redundancy. The employee, who was a senior art director at a marketing and advertising agency, suffered from a panic and anxiety... Continue reading
Posted Jul 7, 2011 at Mills & Reeve: HR Law Live
A recent Court of Appeal decision reaffirms the limits of the offence of direct discrimination. Mr Chweidan was engaged as a director in the hedge funds team at JP Morgan. He had badly injured his back in a skiing accident and was subsequently unable to work full time. His disability... Continue reading
Posted Jun 7, 2011 at Mills & Reeve: HR Law Live
The government has today published guidance on the Agency Workers Regulations 2010 which are due to come into force on 1 October this year. The regulations will create a right for agency workers to receive the same basic terms and conditions as if they had been recruited directly by the... Continue reading
Posted May 6, 2011 at Mills & Reeve: HR Law Live
You may recall the 2008 Court of Appeal decision which held that an individual could bring a claim of harassment on grounds of sexual orientation notwithstanding the fact that he was not, and his harassers knew he was not, gay. It was not necessary for a claimant to prove his... Continue reading
Posted Mar 24, 2011 at Mills & Reeve: HR Law Live
In yet another last minute change to proposed legislation, the Government yesterday published revised draft regulations on the specific public sector duties. The implementation date for those regulations has been postponed and the Government now says it intends to bring the specific duties into force in July 2011. The revised... Continue reading
Posted Mar 18, 2011 at Mills & Reeve: HR Law Live
The Government has, finally, published draft regulations which will abolish the default retirement age with effect from 6 April 2011. The transitional provisions in the draft differ from those set out in the Government's response to consultation and employers may need to alter their plans accordingly. However, and importantly, the... Continue reading
Posted Feb 17, 2011 at Mills & Reeve: HR Law Live
While the media buzzes with varying degrees of outrage related to the regrettable comments made by Andy Gray and Richard Keys about a female lineswoman, employers may want to take this opportunity to ensure their own staff are aware of the kind of behaviour which is and is not acceptable... Continue reading
Posted Jan 28, 2011 at Mills & Reeve: HR Law Live
The Government has today confirmed that it will begin to phase out the default retirement age from 6 April 2011. Although no draft regulations have yet been published, the Government's plans remain in substantially the same form as those announced last July. The retirement exemption (now contained in the Equality... Continue reading
Posted Jan 13, 2011 at Mills & Reeve: HR Law Live
Yesterday the Department for Work and Pensions announced the proposed rates of statutory sick pay and statutory maternity, paternity and adoption pay for 2011: Statutory maternity, paternity and adoption pay will increase to £128.73 (from £124.88). Statutory sick pay will increase to £81.60 (from £79.15). The changes are expected to... Continue reading
Posted Dec 10, 2010 at Mills & Reeve: HR Law Live
Last week the Information Commissioner issued two monetary penalty notices. This is the first use of new powers, introduced in April this year, which enable the Commissioner to fine errant data controllers up to half a million pounds. The first penalty notice was served following data security breaches in a... Continue reading
Posted Dec 1, 2010 at Mills & Reeve: HR Law Live
After a period of uncertainty the Government yesterday confirmed that the Additional Paternity Leave Regulations 2010 will go ahead as planned by the Labour Government. This means they will take effect for babies due and adoptions matched on or after 3 April 2011. Broadly, they will allow the father to... Continue reading
Posted Oct 1, 2010 at Mills & Reeve: HR Law Live
With only two weeks to go before the core provisions of the Equality Act 2010 come into force, employers need to review their practices and policies to ensure they comply with its provisions. It can often be difficult for employers to ensure that employees understand their individual responsibilities and how... Continue reading
Posted Sep 17, 2010 at Mills & Reeve: HR Law Live
Under the Working Time Regulations 1998 (WTR) workers are entitled to take, and be paid for, a minimum amount of annual leave in each leave year. The WTR do not allow workers to carry forward leave and only allow payment in lieu of holiday entitlement on termination of employment. Following... Continue reading
Posted Aug 12, 2010 at Mills & Reeve: HR Law Live
The Government Equalities Office has confirmed its intention to go ahead with the implementation of the Equality Act 2010 from 1 October 2010. The Act aims to harmonise and strengthen existing equality legislation. In order to assist organisations and individuals to prepare, the government has published a number of "quick... Continue reading
Posted Jul 23, 2010 at Mills & Reeve: HR Law Live
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Jul 22, 2010