Employment Law E-Bulletin

Oct 2006

QUICK LINKS

This month's cases in detail
Legislation updates

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HOLIDAY PAY HEADACHE

An important principle of EC law is that every worker is entitled to four weeks paid annual leave.  This seems a straightforward concept and yet it has led to much litigation and debate.  This month, Associate Solicitor, Natalie Ruane considers the issues of rolled up holiday pay, pay in lieu and entitlements for part-time workers. View full article

THIS MONTH’S IMPORTANT CASES

Enhanced Redundancy Payments 
A Court of Appeal decision on the implications of setting out the details of any enhanced redundancy scheme in a staff handbook.

Fixed Term Contracts
The European Court of Justice provides guidance as to what will be required to establish that an employer has objective reasons for continuing with a fixed term contract rather than making an employee permanent.

Time Period
Clarification from the Employment Appeal Tribunal about the employment status of an employee who changes from a series of part-time contracts to a full-time contract.

This case also provides important guidance on the time limits which apply to employees wishing to bring claims relating to any part of their part time contract.

Disciplinary Discrimination – Reasonable Adjustment
The duty to make reasonable adjustments does not extend to consulting a disabled employee about what adjustment ought to be made.

Equal Pay
The European Court of Justice has ruled that employers do not need to provide specific justification for using length of service as a criterion in a pay system.

Statutory Sick Pay – Compensation
Employees who are on statutory sick pay when they are dismissed and who have a contractual notice period which is greater than the statutory notice period, will not be entitled to full pay.

Disability Related Sick Leave

Full pay is not a reasonable adjustment for those on disability related sickness absence.

Read this month's cases in more detail.

LEGISLATION UPDATE

Employment Equality (Age) Regulations 2006
The Age Regulations finally came into force on 1 October 2006 making it illegal for employers to discriminate against employees, trainees or job seekers because of their age and ensuring that all workers, regardless of age, have the same rights in terms of access to training, benefits and promotion.

A summary of the legislation and the most important points to note can be found here.

Work and Families Act 2006
Although this Act does not really come into force until 1 April 2007, it is important to bear it in mind now because it will apply to any woman who gives birth on or after the 1 April 2007 (i.e. anyone who is 3 months pregnant or less as of now).

National Minimum Wage Increase
1 October 2006 also saw the annual increase in the national minimum wage. The new rates are as follows:

· Workers aged 22 or more - £5.35 per hour
· Workers aged 18 to 21 - £4.45 per hour
· Workers aged 16 to 17 - £3.35 per hour

For further information on the issues featured here or any other employment law matter, please contact Burnetts' employment law team on 01228 552222.

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