Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Employment law

Legal milestones for 2009

by Trevor Bettany 12 Jan 2009
by Trevor Bettany 12 Jan 2009

What legal issues and cases should HR be mindful of in the year ahead? Trevor Bettany, partner, and Anne-Marie Balfour, solicitor, at Speechly Bircham, give their picks.


January


The Health and Safety (Offences) Act 2008 becomes law: This increases the maximum fines, and the number of health and safety offences for which imprisonment of relevant directors and managers may apply.
Action: Make sure directors and those responsible for health and safety are aware of the importance of compliance.


Heyday challenge (European Court of Justice): The European Court of Justice’s (ECJ) decision on the Heyday challenge to the default retirement age of 65 set out in the Employment Equality (Age) Regulations 2006 is due early this year. The advocate-general suggested the rule could be objectively justified under the Equal Treatment Directive. If the ECJ follows suit, the High Court will have to decide whether it is in fact justified. In the meantime, all claims concerning forced retirement have been stayed pending the Heyday decision.
Action: Monitor whether and when enforced retirement will need to be justified.


Stringer & Others v HM Revenue & Customs (ECJ): The ECJ is due to decide whether the Working Time Directive permits staff on long-term sick leave to accrue statutory minimum annual leave. The advocate-general suggested leave does accrue, and that the workers concerned can designate a future period as paid leave, but can’t take it during their absence, and will be entitled to payment in lieu of accrued leave on termination of employment. The same advocate-general suggested in Shultz-Hoff that a worker can take the accrued leave in a subsequent leave year. But this would be inconsistent with the Working Time Regulations, which state that statutory leave cannot be carried over.
Action: If the ECJ follows the same reasoning, employers should ensure that at least contractual leave does not accrue during sick leave.


February


Annual increases in statutory compensation limits: These take effect for dismissals and redundancies from 1 February 2009. A week’s pay for statutory redundancy and basic awards for unfair dismissal will increase from £330 to £350. The maximum compensatory award for unfair dismissal will rise from £63,000 to £66,200.


Action: Revise calculations for redundancies and relevant events after this date.


April


The Employment Act 2008 comes into effect: This repeals the statutory dismissal, disciplinary and grievance procedures, encourages informal resolution of grievances, and gives employment tribunals discretion to increase or reduce compensation awards by up to 25% where the employer or employee fails to comply with the new Acas Code of Practice.
Action: Review disciplinary and grievance procedures to ensure compliance with the new Acas Code of Practice.


Right to request flexible working extended: This right will be extended to parents of all children aged 16 or under.
Action: Revise any flexible working policies and make sure managers are aware.


Maternity, paternity and adoption pay increases to £123.06 per week, and statutory sick pay rises to £79.15 per week
Action: Recalculate payments for those who qualify and budget accordingly.


Statutory annual leave entitlement increases: It will rise from 4.8 weeks to 5.6 weeks.
Action: Amend staff handbooks and policies, amend contracts for new joiners, inform existing workers, and consider how this will affect part-timers.


October


Safeguarding Vulnerable Groups Act 2006 comes into effect: This introduces a centralised system for vetting individuals working with children and vulnerable adults. Employers face fines of up to £5,000 for failing to check staff, or for employing a person on the list.
Action: Make sure your organisation is familiar with the new procedure, and what to do if an employee is barred from work.


Dates to be confirmed


Employers prohibited from including tips to make up the minimum wage.
Action: Ensure payment arrangements do not take tips into account from the date to be announced.


Amicus v Glasgow City Council (Employment Appeal Tribunal): The EAT is due to determine an appeal against a finding that a transferee has no obligation under TUPE to consult employee representatives after the transfer on changes which it envisages making in relation to the staff that it inherited.


Klarenberg v Ferrotron Technologies (ECJ): The ECJ will rule whether, for a transfer of part of an undertaking to fall within the Acquired Rights Directive, that part must be organisationally autonomous when run by the transferee.


Coleman v Attridge Law (employment tribunal): The ECJ ruled in July 2008 that workers who are not disabled can suffer discrimination by association with others who are disabled, which implied that the same principle should apply to discrimination on grounds of age, religion and sexual orientation. The tribunal decided at a pre-hearing in November that the Disability Discrimination Act 1995 can be construed as to give effect to that principle. The Coleman case will return to a tribunal for a full hearing.
Action: Employers must note that the principle of equal treatment applies to particular grounds of protection (eg, disability) rather than a type of person, such as someone who is disabled.

Avatar
Trevor Bettany

previous post
Employers get £2,500 golden hello to recruit unemployed
next post
Lateral thinkers will prosper in 2009

You may also like

Employment law changes for 2022 and beyond: update...

1 Jul 2022

Oxford study highlights best gig economy firms to...

9 Jun 2022

Tesco appeal against fire and rehire ban to...

8 Jun 2022

Bank holidays: six things employers need to know

5 Jun 2022

P&O Ferries boss denies reputational damage after mass...

27 May 2022

Employers lack data to make IR35 worker status...

25 May 2022

Maternity leave: Cost of living crisis highlights need...

25 May 2022

One in five employers planning ‘no jab no...

19 May 2022

MP demands timeline on carer’s leave legislation

13 May 2022

Queen’s Speech: absence of employment bill leaves organisations...

10 May 2022
  • The ultimate guide to payroll for small businesses PROMOTED | You’ve started a business that has expanded to the point of requiring more staff to meet demand. Congratulations!...Read more
  • NSPCC revamps its learning strategy with child wellbeing at its heart PROMOTED | The NSPCC’s mission is to prevent abuse and neglect...Read more
  • Diversity versus inclusion: Why the difference matters PROMOTED | It’s possible for an environment to be diverse, but not inclusive...Read more
  • Five steps for organisations across the globe to become more skills-driven PROMOTED | The shift in the world of work has been felt across the globe...Read more
  • The future of workforce development PROMOTED | Northumbria University and partners share insight...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+