Our Employment law team produces regular updates and information
sheets to keep our clients up-to-date with changes in employment
legislating and topical employment issues that will affect their
business. Click on the links below for more information:
- The Agency Workers Regulations 2010: are
you ready?
The Regulations, which came into force on 1
October 2011, impact not only on the treatment of agency workers,
but also on what information must be disclosed by an employer to
employee representatives in collective redundancy, collective
bargaining and TUPE transfer situations.
- Equality Act
2010
The Equality Act received Royal Assent on 8 April 2010, shortly
before the Labour Government left office. Its purpose is to
consolidate and strengthen the law, by replacing the nine existing
major pieces of discrimination legislation with one set of rules
aimed at achieving greater equality, as well as introducing some
new concepts. Whilst there remains uncertainty as to whether the
Coalition Government will bring all of its provisions into force,
the main parts relating to employment law take effect on 1 October
2010. This guide examines the new Act and its implication for
employers.
-
Guide to time off for training
The right to request time off work for study or training came into
force on 6 April for employers with 250 or more employees. We have
produced a client guide summarising this new right.
- a
client guide to fit notes
A new Statement of Fitness for Work, or so-called 'fit note',
replaces the existing 'sick note' from 6 April 2010. This guide
summarises the new statement and potential implications for
employers."
- Safeguarding
Vulnerable Groups Act 2006
On 12 October 2009 the first phase of a new regime was introduced
for regulating those who work with children or vulnerable adults
under the Safeguarding Vulnerable Groups Act 2006 (the Act). A
wider range of activities and people are caught by the Act than
under the previous regime, and affected employers need to be aware
of their legal obligations to avoid potential criminal
liability.
- dealing
with sickness absence
This guide summarises the ways in which employers can manage
sickness absence, the potential legal claims which may arise, and
the importance of having a sickness absence policy.
- a client guide to
employment injunctions
This client guide looks at employment injunctions, when they are
sought, the process involved and the practical issues to
consider.
- guide to
disciplinary procedures
This client guide considers the need for a disciplinary procedure,
the implications of not having one, and how such a procedure should
operate.
- guide to grievance
procedures
This client guide focuses on some of the legal implications that
arise from having, or not having a grievance procedure, how such
procedures should operate, and recent changes in the law.
- business immigration –
new sponsor licensing for migrant workers
From the end of November 2008, Work Permits will be abolished and
an entirely new, Australian style points-based system of
work-related migration introduced.
- changing
contractual terms
Throughout the life of the employment, terms and conditions are
amended and altered to keep up with changing circumstances.
Some changes to minor clauses may go unchallenged, other changes
take place by mutual consent.
- substance abuse testing
in the workplace - the legal background The following is a
summary of the legal issues that need to be taken into account by
any employer who is considering introducing medical testing for
substance abuse or alcohol. It should also be of assistance to any
employer who already has a policy on testing but who is unsure or
concerned about using it.
- flexible working – the
statutory right to make a request Employers are under a
statutory duty to consider applications by certain employees for
flexible working. The legislation sets out a procedure for
employers to follow in the event of an application by an employee,
and employees will be entitled to make claims against employers in
the event that those procedures are not followed.
- maternity
rights
Statutory maternity rights were revised in 2008. This guide
summarises the statutory rights and the impact of case law on
maternity rights.
- parental leave and time off
to care for dependants Employees have the right to take
parental leave and the right to take time off work to care for
dependants in the event of family emergencies.
- proving the right
to work – the employer's duty
It is illegal to employ someone who has not been granted leave to
enter or remain in the UK, who has no right to work in the UK, or
no right to do the work being offered. The Immigration, Asylum and
Nationality Act 2006 has introduced a new system whereby an on the
spot civil penalty can be imposed for employers who have
negligently employed an illegal worker.
- rights of
part-time workers
Part-time workers have a statutory right to be treated no less
favourably than their comparable full-time colleagues.
Employers must, therefore, ensure that they do not treat
part-timers less favourably both to avoid a breach of this right,
and in any event, to avoid potential sex discrimination claims due
to the higher proportion of part-time workers who are women.
- smoke-free
legislation: the implications for employers Most employers are
aware that it is illegal to smoke or allow smoking in the workplace
throughout the UK. A number of regulations under the Health Act
2006 provide that all workplaces must be smoke free – with some
exceptions. This guide summarises the requirements of the
legislation and practical ways for employers to comply with
it.
- holidays
This guide summarises a worker's statutory rights to paid annual
leave, and how they relate to agreed contractual rights. We then go
on and look at some common issues which arise.
- the National Minimum
Wage Act 1998
Under the National Minimum Wage Act 1998 all workers in the UK are
entitled to a statutory national minimum wage (NMW). This covers
all sectors of the economy, and all companies regardless of their
size. This guide summarises the legislation.
- the Working Time
Regulations 1998
This guide summarises the Regulations relating to the maximum
working week and workers' entitlements to work breaks and the
penalties employers will face for any breach. For further
information on paid annual leave under the Regulations please see
our client information sheet on 'holidays'.
- use of mobile phones
whilst driving on company business
The exposure of employers to prosecution for causing or permitting
a person to use a hand-held mobile phone or similar device whilst
driving could be extended, if a recent ruling on what constitutes
"using" such a device is accepted as a correct interpretation of
the law.
- written
particulars of terms and conditions of employment
Although there is no general legal requirement that an employment
contract should be in writing, the law requires employees to be
issued with a written statement of their main terms and conditions
of employment.
