Employment Law E-Bulletin

February 2010

QUICK LINK

This month's cases in full

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HOLIDAYS AND HOLIDAY PAY

With the memory of snow still fresh in our minds, many employees will start to think of jetting away to somewhere a little warmer and, along with a plethora of diet adverts, the television always seems to start the New Year by overloading us with promises of summer sun. With this in mind, we thought that this would be a good time to review the rules on holidays and holiday pay.

Since the 1st April 2009, all employees (including part time staff) have been entitled to 5.6 weeks annual leave per year. This means that, for someone working a 5 day week, the minimum holiday entitlement is 28 days per year. Prior to 2007, the statutory entitlement to leave was based on the European Directive on Working Time (“the Directive”) and provided 4 weeks’ holiday or, for someone working a 5 day week, 20 days leave.

The Working Time (Amendment) Regulations 2008 (“the Regulations”) gradually increased this entitlement in order to address union concerns about inequality in holiday entitlements which meant that increasing numbers of people were receiving paid leave on bank holidays in addition to the statutory minimum holiday entitlement.  The increase was sold on health and safety grounds and was aimed at allowing as many as possible to benefit from that widespread practice. 

Read full article

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CASES

Sex Discrimination and Dress Codes

In Dansie v Metropolitan Police the question was whether asking a male employee to cut his shoulder length hair (when a woman with similar length hair would not have been asked to do so) amounted to sex discrimination.

In a vote for common sense, the Employment Appeal Tribunal (“the EAT”) has ruled that a direct comparison such as this was not appropriate. Provided that the policy as a whole treated staff equally, a seemingly gender specific criteria such as this was not discriminatory. 

Justification of Monitoring Mechanisms

In another victory for common sense, the EAT in the case of National Society for the Prevention of Cruelty to Children (“the NSPCC”) v Dear have held that there is a distinction between punishing an employee and putting in place legitimate monitoring to ensure compliance with procedures.

This month's cases in full

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LEGISLATION

As you may know, Tribunal awards are reviewed annually around this time of year with any increase coming into effect on 1 February. However, the government took the unusual step of increasing the maximum weekly pay rates for basic awards and for redundancy pay in October last year in order to ease pressure on those who were being made redundant in the recession.

When it raised those rates from £350 to £380 per week, the government gave a commitment not to increase the rates again during the annual review and the government has not gone back on that decision. 

The review still went ahead even though only the level of the compensatory award was being considered.  The result was that, for the first time ever, a decrease in the overall level of any possible award will be seen.  From 1 February 2010, the maximum compensatory award will be decreased from £66,200 to only £65,300.  

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EVENTS

Acas Cumbria Employment Relations Forum

Date: Thursday 11th March 2010
Time: 09:00 – 13:00
Location: Rheged Centre, Penrith
Price: £50 + VAT

For further information or to book your place visit the Acas website. 

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Law @ Lunchtime - What makes a dismissal unfair
Date: 6th April    
Time: 12.30pm - 2.30pm
Location: Samuel Lindow Building, Westlakes Science Park, Moor Row. CA24 3JY
Price: Free
Working lunch included

Law @ Lunchtime - Negotiating Planning Restrictions 
Date: 4th May     
Time: 12.30pm - 2.30pm
Location: Samuel Lindow Building, Westlakes Science Park, Moor Row. CA24 3JY
Price: Free
Working lunch included

Directors' Duties
Date: 11th May 
Time: 9.30am  – 1.30pm
Venue: Samuel Lindow Building, Westlakes Science Park, Moor Row. CA24 3JY
Fee: £30 plus VAT
Working lunch included

Law @ Lunchtime - Legal requirements for websites and e-commerce
Date: 1st June  
Time: 12.30pm - 2.30pm
Location: Samuel Lindow Building, Westlakes Science Park, Moor Row. CA24 3JY
Price: Free
Working lunch incuuded

To make a booking on Burnetts' events, visit our Forthcoming Seminars page or email events@burnetts.co.uk.

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

End

Feb 2010