Employment Law E Bulletin

July 2008

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Read this month's cases in full

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DISABILITY DISCRIMINATION – GOOD NEWS FOR EMPLOYERS

At a time when anti-discrimination law is placing an ever increasing burden on employers, it was reassuring to see the House of Lords make a rare pro-employer decision in London Borough of Lewisham v Malcolm.

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CASES

Warning over "informal" grievances

Although the government assures us that the statutory dispute resolution procedures are on their way out, at present it is likely to be 2010 by the time that they are removed from the statute book. In the meantime this case is a cautionary tale for everyone who has to deal with grievances at work.

Withdrawing an offer of employment

In this case both the employee and the employer had signed the contract of employment, but before the employment could actually start the employer had to withdraw the offer of employment.

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LEGISLATION

Although not yet law, the government has announced proposed changes to the protection afforded to agency workers.

The new rights, which have been agreed with the CBI and the TUC, apply to workers who are with the same company for 12 weeks or more. Workers will be due equal pay and holiday entitlement.

The real impact on employers may be limited as employers already have to give workers holiday pay and the new rights will not extend to sick pay and pension contributions. However, it will be interesting to see how this increased protection impacts on the use of agency workers, once these changes are in force.

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

July 2008