Employment Law E-Bulletin

November 2009

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This month's cases in full

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HOLIDAY ENTITLEMENT & SICKNESS ABSENCE

This month’s e-bulletin reviews the vexed question of those who are absent by reason of sickness and their entitlement to paid holiday.

Although the decision of the House of Lords in the Stringer & Others case (previously known as Ainsworth) has been out for some time, the law in this area is far from clear.

Read full article

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CASES

Sickness Absence Instead of Pre-Arranged Holiday

Continuing with the theme of sickness absence, the European case of Pereda v Madrid Movilidadsa has dealt with the question of what happens when an employee falls ill while taking their holiday.

Until now employers have been able to insist that the pre-arranged holiday remained as holiday time even if the time off they were taking was just statutory leave as opposed to any additional contractual leave that the employee may be entitled to.

Impact of a Third Party Decision

On a more positive note for employers, the EAT has confirmed in the case of Henderson v Connect (South Tyneside) Ltd that, provided a fair procedure is followed, an employer can dismiss an employee whose continued employment becomes untenable due to the position of a third party even if the position of that third party is unreasonable.

Shifting Time Limits

Less positively, the case of Teva (UK) v Heslip is a reminder to all employers that the three month time limit for bringing an Employment Tribunal claim of unfair dismissal is not necessarily absolute.

This month's cases in full

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LEGISLATION UPDATE

A reminder to all those working with children or vulnerable adults that the Independent Safeguarding Authority (ISA) became operational in the middle of October.

The aim of this new body is to create a centralised vetting system which aims to prevent the unsuitable from working with the vulnerable. There will be two lists set up: one detailing those who are barred from working with children and another listing those barred from working with adults.

The lists will cover a much broader spectrum of roles than previous vetting systems and because the lists will be maintained by a single body (rather than the various groups which currently record and control those who are unsuitable to work in these areas) it is hoped that this will limit the flaws in the current system.

However, there is no need to panic, although the system is technically up and running already, it won’t be obligatory to be registered with the ISA until November 2010 at the earliest.

EVENTS

Annual Employment Law Update

Date: Wednesday 11th November 2009
Time: 15.45pm - 18.30pm
Location: Kendal College, Kendal .
Price: £50 + VAT

As well as our update of the year's key employment law cases, there will be presentations on holiday pay and sickness, mediation in employment, age discrimination and "fit" notes. The event is suitable for anyone in an HR or people management role.

Construction Law Briefing in association with Dodd & Co Accountants

Date: Thursday 12th November 2009
Time: 7:45am - 9.30am
Location: Rheged, Penrith
Price: Free

As part of our support to the region’s construction industry, Burnetts, in conjunction with accountants Dodd & Co, is hosting a free legal and taxation briefing for the sector.

To reserve a place, call / email Emma Barnes on 01228 552222 or complete and return the booking form at forthcoming seminars

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

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Nov 09