Employment Law E-Bulletin

March 09

QUICK LINK

Read this month's cases in full

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DEALING WITH LONG TERM ABSENCE

Following the recent ECJ decision on holiday entitlements for those on long term sick leave, more employers than ever are considering terminating the employment of those who are incapable of working by reason of ill health. Although such situations are difficult for all concerned, it is perfectly possible to terminate employment in such circumstances.  However, Tribunals have emphasized that the employer’s approach should be based upon “sympathy, understanding and compassion”

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CASES

The Retirement Age

A case that has been very much in the news over the past few weeks is the Heyday Challenge to the default retirement age of 65. This case concerns an application for judicial review of the compulsory retirement age by Age Concern and others.

More on Religious Beliefs

It is beginning to seem like we are always covering cases on discrimination on the grounds of religion or belief but this month has seen yet another well publicized decision in this area. The case of Chondol v Liverpool City Council provides helpful clarity for employers in that it has confirmed that it is not unlawful to dismiss an employee who is promoting their own personal religious beliefs if this is against the ethos of the employer.

Read this month's cases in full

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LEGISLATION

Payment Changes

As from 6 April 2009 the rate of Statutory Maternity Pay, Statutory Paternity Pay and Statutory Adoption Pay will increase to £123.06 per week (up from £117.18) and Statutory Sick Pay will increase to £79.15 per week (up from £75.40 ).

The proposals to increase entitlement to Statutory Maternity Pay to the full 12 months of the maternity leave period have been delayed.

Annual Leave

The final stage of the gradual statutory holiday entitlement increase finally comes into effect from 1 April 2009. As of that date, employees will be entitled to 5.6 weeks statutory annual leave which is equivalent to 28 days holiday for employees who work a 5 day week.

However, it is important to remember that there is still no right to time off on public holidays. Although the increase was intended to cover such days, employers can still require employees to work on a public holiday provided 28 days leave (pro rata) is given during the holiday year.

Flexible Working

After much recession based talk of delay, the government has finally announced that the right to request flexible working will now be available to parents of children up to the age of 17 as of the 6 April 2009. For those with disabled children, the right to request flexible working will remain available up until the child’s 18th birthday.

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If you need advice regarding redundancy, or any other employment issue, please contact the employment team at Burnetts on 01228 552222.

March '09