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Legal
Employment Law Timetable
2005
Various Pensions Regulations come into
Force
The sections of the Pensions Act 2004 came
into force on April 6th 2005.including those
relating to the introduction of a Pensions Protection Fund
and a Financial Assistance Scheme. Stakeholder Pensions
Schemes (Amendment) regulations also come into force. These
aim to reduce the potential for variations in the value
of members rights caused by market conditions
Transfer of Employment (Pensions Protection)
Regulations 2005 come into force
This means that where there is a business
transfer where TUPE applies and an employee has access to
an occupational pensions with employer contributions prior
to transfer then the transferee employer must offer the
transferred employee certain pension arrangements.
Statutory Sick Pay Rates Increased
From April 6th the standard rate
for statutory sick pay is £68.20 per week.
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Employment
Rights top
Health & Safety
Workers Sacked over Safety Fears
A new report, In the Firing line, found
that more than 1500 workers have been forced out of their
jobs for raising safety concerns with their employers. The
Employment rights Act 1996 gives employees the right to
refuse to do dangerous work but with fines for unfair dismissal
at as little as £3800 many bosses find it cheaper to sack
workers than to make improvements. Brendan Barber from the
TUC stated that" We need a legal system that protects
safety whistle blowers not rewards them with their cards"
The full article can be found at www.hazards.org/safetyreps/rights.htm
Health and Safety Pilot Launched
The UK Government has announced a pilot scheme
that could lead to a national occupational health service.
The pilot will provide a support service for small to medium
enterprises across England and Wales. The HSE has been working
with NHS Scotland on Safe and Healthy Working to
provide a similar service in Scotland
New Asbestos Ruling
The High Court ruled last month that compensation
could still be paid for pleural plaques. (Calcification
of the lung that can be caused by asbestos exposure.)
Insurers had challenged the right of asbestos
exposed workers to claim compensation for the condition
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Bargaining
issues
Landmark Maternity Pay Ruling
Employers will be forced to include pay rises
in maternity pay calculations following a landmark ruling
by the Court of Appeal. Michelle Alabaster has won a nine-year
battle with Barclays Bank following an underpayment of her
maternity pay. Barclays based her maternity pay calculation
on two previous months earnings rather than the increased
she was earning shortly before going on maternity leave.
The ruling is also significant because it means that, as
Julie Mellor from the Equal Opportunities Commission, states"
that women on maternity leave do not need to find a male
comparitor when brining equal pay claims"
Staff on Sick leave cannot accrue holiday
pay
The Court of Appeal has ruled that employees
on long term sick leave cannot accrue holiday pay while
they are absent. The ruling, in Inland Revenue versus Ainsworth,
states that 1998 Working Time Regulations giving workers
four weeks paid holiday only apply to those actually at
work. It is important to note that there may be scope for
discrimination claims in the future in terms of disability,
religion or maternity pay if employees could show their
particular circumstances led to less favourable treatment.
Draft TUPE Regulations Published
Draft TUPE regulations have been published
by the Department for Trade and Industry. The latest draft
is designed to bring the legislation into line with the
European Acquired Rights Directive. Final regulations are
expected to come into force on October 1st 2005.
Pay settlements at 3.3%
UK pay awards for the first quarter of the
year are at 3.3%. Both private and public sector awards
remain at 3%. The headline inflation rate was 3.2% in March.
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Issues
EQUALITY AT WORK
Disability Discrimination Law: Developments
following key rulings:
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Further adjustments must be considered
even if there have been previous adjustments including
part-time work
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There can be no failure to make adjustments
if no adjustments are possible
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If a person suffers from an impairment
that is not substantial but is likely to be come so
because of a progressive condition they are protected
by the disability discrimination Act.
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Difficulty in understanding normal social
interaction is covered by "concentrate, learn or
understand"
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A woman, whose disability meant she
could not bear her own child, denied post-natal leave
was discriminated against but it was justifiable
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The duty to make adjustments does not
extend to offering a trial period in a job not considered
suitable, or to bumping another employee to create a
vacancy in a redundancy situation
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Mental impairment comes within the definition
of a disability only if it is a clinically well-recognised
condition as defined by the WHO or other specialist
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Provision of deaf awareness training
for colleagues could be a reasonable adjustment
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Employers cannot rely on a policy for
offering part-time work on medical grounds if that policy
is discriminatory
Part-time workers lose out
The Equal Opportunities Commission has found
that more than half the UK's part-time workers feel that
they are in jobs below their levels of skills and experience
The EOC interim report "Part-time
is no crime so why the penalty" found that the
vast majority of part-time workers (78%) are women many
of whom are working in low level administration and service
jobs. The need to balance work with caring responsibilities
and the lack of flexibility in their chosen careers often
forces them into alternative work which is low paid.
Part time workers are 40% less likely to
receive in work raining than full time staff and women part-time
workers earn 40% an hour than male full timers. The next
phase of the study is a public consultation. To take part
online visit www.eoc.org.uk
Right to ask for flexible working two years
old
For two years now employees with children
under 6 have had the right to work flexibly. This includes
a range of possible work patterns including part time working,
flexitime, compressed hours and working from home. The Government
is now consulting on a range of options to extend the rights
to new groups of carers.
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AND FINALLY
Holiday industry staff loose out on breaks
Research by Travel Weekly magazine indicates
that despite selling holidays to the rest of us the staff
in the travel agents are missing out on their own breaks,
More than 30% of respondents said they take
fewer holidays than five years ago and 28% are missing
out on their full allocation.
Most blame staff shortages and increasing
job pressures.
Stress expert Professor Gary Cooper call
this "presenteeism". Workers are increasingly
stressed and feel they cannot take holidays. He said,
"people need a break"
So when you are booking your holidays don't
flaunt your annual leave.
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