The Chartered Institute of Personnel and Development and the TUC have published guidance to help employers understand and implement the age discrimination laws, which came into force last October.
The guidance is called 'Developing a new mindset on age and retirement' and can be...
Although not widely publicised, new legislation is coming into effect which will make it an offence for a person responsible for animals not to take reasonable steps to make sure that their needs are met. It may be surprising that this is new law, but the position in England prior to 6 April 2007 (...
Most travellers know that large quantities of cigarettes and tobacco can be brought back to the UK from another EU country, provided duty and tax have been paid on them in that country and they are for personal consumption only. In this context, personal consumption includes gifts to family and...
A recent Court of Appeal decision dealing with appeals against sentences by six drivers found guilty of causing death by dangerous driving has provided assistance in ascertaining the length of sentence that is likely to be imposed in such cases.
A wealthy man recently saw the amount payable under a maintenance agreement, which provided for his child, increased by the court and subsequently scaled back by the Court of Appeal. The man had never married the mother of the child, nor had he lived with her. He had, however, agreed to provide for...
When families break up it is not uncommon for the children to 'take sides', although this is not normally as extreme in its effect as in a recent case.
The case involved a couple named Garland who had two daughters, Beverley and Yvette. After the couple split up, Yvette became estranged...
Under the Working Time Regulations 1998, a worker is entitled to a rest period of 'not less than eleven consecutive hours in each 24-hour period during which he works for his employer'. However, there are exceptions, one of which is where the activities of the worker in question involve the need...
Since 1 October 2005, all claims to Employment Tribunals, other than in specified proceedings, must be presented on a form ET1, prescribed in accordance with Regulation 14 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004.
A case before a Scottish Employment Tribunal (ET) has seen a gay man awarded £118,309 after his claim of discrimination under the Employment Equality (Sexual Orientation) Regulations 2003 was upheld.
Jonah Ditton claimed that he was harassed and discriminated against, because he...
The Department of Trade and Industry (DTI) has announced a new policy for dealing with rogue employers who fail to pay the statutory national minimum wage, currently £5.35 per hour for adult workers.
Following the introduction of the statutory dismissal and disciplinary procedures in October 2004, employers considering disciplining or dismissing an employee are required to follow a minimum three-stage process. They must
1. Inform the employee in writing of the reason why they are...
In May 2006, Peter Lewis, the former global head of equity trading at the bank HSBC, lost his £5m claim, under the Employment Equality (Sexual Orientation) Regulations 2003, that he was dismissed from his job because he was gay.
Mr Lewis had been dismissed on the ground of 'gross...
As part of the Department of Trade and Industry's initiative to simplify employment law, the Secretary of State for Trade and Industry, Alistair Darling, is overseeing a 'root and branch review' of the statutory dispute resolution procedures.
From 1 April 2007, the standard rate for Statutory Maternity Pay will increase from £108.85 to £112.75 per week (or 90 per cent of average weekly earnings if this figure is less). The Social Security Benefits Up-rating Order 2007 also applies the same rates to Maternity Allowance,...
Since April 2005, those who work for employers with 150 or more employees have had the right, under the Information and Consultation of Employees Regulations 2004, to be provided with information and to be consulted on major business decisions which affect them at work, with a view to reaching...
The Court of Appeal has upheld the ruling of the Employment Appeal Tribunal (EAT) in the case of Leisure Employment Services Ltd. v HM Revenue and Customs (HMRC), which dealt with the operation of the national minimum wage legislation.
When deciding whether an employee has been discriminated against on the grounds of their sex, a comparison must normally be made with someone else - 'the comparator' - in circumstances not materially different from the employee's own. Where there is no suitable comparator, a hypothetical comparator...
The employment status of agency workers has been the cause of many problems over the years. In the absence of legislation to clarify the position, Employment Tribunals (ETs) have to attempt to determine the exact nature of triangular agency relationships on a case-by-case basis.
An employee wishing to bring an unfair dismissal claim must do so within three months of their effective date of termination. Time limits for presenting claims to the Employment Tribunal (ET) are normally strictly enforced. If the deadline is missed, the Employment Rights Act 1996 states that the...
When an employee raises a grievance because of bullying or harassment by other members of the workforce, it is sometimes very difficult for the employer to ensure that the outcome of the grievance procedure is satisfactory in the eyes of the person who has made the complaint. The Employment Appeal...
From 2 April 2007, all those seeking permission to live in the UK permanently will need to demonstrate that they have the requisite language skills and knowledge of life in the UK to integrate successfully into British society. There will be two ways of doing this.
The Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006, introduced under the Pensions Act 2004, are extended to employers with more than 100 employees from 6 April 2007. Previously, the Regulations only applied to employers with more...
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