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May 2009

New Minimum Wage Rates Announced

Fri, 01/05/2009 - 01:00 — Georgina Smith
The Government has announced new National Minimum Wage (NMW) rates that will apply from 1 October 2009.

For workers aged 22 and over, the rate will increase from £5.73 to £5.80 an hour. The rate for 18- to 21-year-olds will rise from £4.77 to £4.83 and for 16- and 17-year-olds the rate will increase from £3.53 an hour to £3.57.

The accommodation offset will rise from £4.46 per day to £4.51 from 1 October 2009.

Cyclist Riding Without Helmet Awarded Full Compensation

Fri, 01/05/2009 - 01:00 — Georgina Smith

A cyclist who had chosen not to wear a safety helmet and who was injured in a collision with a motorcycle has been awarded the full amount of personal injury compensation in the High Court. However, the judge warned other cyclists that compensation may be reduced if not wearing a helmet is considered to be a factor in the seriousness of an injury.

Credit Crunch - Divorce Settlements In The Spotlight

Fri, 01/05/2009 - 01:00 — Georgina Smith
A case currently being heard in the Court of Appeal could affect the financial arrangements of many divorced couples.

Increased Penalties For Breaches Of Health And Safety Law

Fri, 01/05/2009 - 01:00 — Georgina Smith

Employers are reminded that the Health and Safety (Offences) Act 2008, which made changes to the penalty framework set out in Section 33 of the Health and Safety at Work etc. Act 1974, came into force on 16 January 2009. The Act introduced harsher penalties for businesses that commit certain health and safety offences.

The maximum penalty that can be imposed in the lower courts for breaching health and safety regulations has been increased from £5,000 to £20,000 and the range of offences for which an individual can be imprisoned has also been broadened.

Heat Of The Moment' Resignations - When Do They Count?

Fri, 01/05/2009 - 01:00 — Georgina Smith

The Employment Appeal Tribunal (EAT) has clarified that there are only limited circumstances in which an employee's unambiguous words of resignation should not be relied upon because they can be regarded as being given in the heat of the moment (Ali v Birmingham City Council).

Mr Mohammed Ali worked for Birmingham City Council as a data entry clerk. On 25 April 2007, Mr Ali handed in his resignation to his manager. He claimed that at the time he was very stressed for personal reasons and was not 'thinking straight'.

Health And Safety - Vdu Use

Fri, 01/05/2009 - 01:00 — Georgina Smith
More and more workers are spending a large part of their day looking at a computer screen. The Health and Safety (Display Screen Equipment) Regulations 1992 specifically deal with the health and safety issues associated with working with VDUs.

Equal Pay And Pay Schemes Linked To Length Of Service

Fri, 01/05/2009 - 01:00 — Georgina Smith
The Government's Equality Bill will include measures aimed at eradicating the pay gap that still exists in many workplaces between men and women. Incremental pay scales based on length of service can disadvantage women, who are more likely to have fewer years' service either because of career breaks to look after children or because they are relatively new entrants into traditionally male-dominated professions.

Employment Status - Independent Contractors Or Employees?

Fri, 01/05/2009 - 01:00 — Georgina Smith
Whether or not a worker is an employee (working under a contract of service) or is self-employed (working under a contract for services) is an important distinction for tax as well as employment law purposes and HM Revenue and Customs (HMRC) will challenge the employment status of workers if they consider that the arrangements in place do not reflect the reality of the working relationship.

Whilst all aspects of the nature of the employment relationship should be taken into account, for a contract of service to exist, the following must be present:

Disability Discrimination - Duty To Make Reasonable Adjustments

Fri, 01/05/2009 - 01:00 — Georgina Smith
Section 4A(3) of the Disability Discrimination Act 1995 (DDA) states that an employer is exempt from the duty to make reasonable adjustments for a disabled person if the employer does not know, and could not reasonably be expected to know, that the person has a disability and is likely to be put at a substantial disadvantage compared with a non-disabled person by any workplace provision, criterion or practice or by any physical feature of the workplace.

A Guide To Dealing With Requests For Flexible Working Arrangements

Fri, 01/05/2009 - 01:00 — Georgina Smith
From 6 April 2009, the statutory right to request flexible working arrangements is extended to parents of children aged 16 and under. Employees with caring responsibilities for children aged up to 6 (18 and under where the child is disabled) and carers of adults already have this right.
An employee must have completed 26 weeks' continuous employment with their employer in order to qualify for the right and can only make one request in any 12-month period.

There is a statutory procedure which must be followed when a request for flexible working arrangements is made.

Worker Who Complained Of Flea Bites Unfairly Dismissed

Fri, 01/05/2009 - 01:00 — Georgina Smith

Dismissal by reason of redundancy may be fair or unfair. In particular, it will be unfair dismissal if the selection of a particular individual for redundancy was unfair or if there was a total failure to consider suitable alternative employment. Prior to the repeal of the statutory dispute resolution procedures, a dismissal by reason of redundancy was automatically unfair if the statutory procedures required before an employee could be properly dismissed were not followed.

A Current Tenant Is A Good Tenant

Fri, 01/05/2009 - 01:00 — Georgina Smith

A recent report by commercial property agents King Sturge (KS) may concentrate the minds of commercial landlords, who may be faced with a substantial reduction in income if they have to find new tenants in the event that existing ones terminate their leases.