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EMPLOYMENT LAW UPDATE<br />
15 NOVEMBER 2011<br />
PRESENTED BY GRAHAM IRONS and SIMON DEMAID
LEGISLATION UPDATE
AGENCY WORKERS REGULATIONS 2010<br />
Came into force on 1 October 2011<br />
Provides greater rights to agency workers<br />
Day 1 rights: agency worker is entitled to equal access to on-site<br />
facilities and information on permanent employment vacancies<br />
After 12 weeks: agency worker is entitled to the same basic working<br />
and employment conditions as the employer's permanent<br />
employees
AGENCY WORKERS REGULATIONS 2010 – recent issues arising<br />
Bonuses<br />
Appraisal’s for Agency Workers<br />
Inductions for Agency Workers<br />
The problems with multiple agencies<br />
– Agency worker returns through a different agency<br />
– Agency worker works simultaneously for a number of hirers<br />
Information requests
BRIBERY ACT 2010 – First Prosecution<br />
Came into force on 1 July 2011<br />
Introduced a new strict liability corporate offence of failing to prevent<br />
bribery by individuals acting on behalf of an organisation<br />
Defence only if employers can show that they have "adequate<br />
procedures" in place to prevent bribery and corruption<br />
First person to be prosecuted<br />
– Munir Yakub Patel<br />
– Sentence due to be delivered 11 November 2011
DEFAULT RETIREMENT AGE<br />
Transitional Provisions<br />
Employees who were given 12 months’ notice on 5 April 2011 have<br />
until the 4 January 2012 to request to work beyond their intended<br />
retirement<br />
Last lawful retirement date is 3 October 2012<br />
Where transitional provisions do not apply, it is now unlawful to<br />
dismiss an employee on the grounds of age accept where<br />
objectively justified
EMPLOYMENT TRIBUNAL REFORM<br />
The qualifying period for unfair dismissal will increase to 2 years<br />
from 6 April 2012<br />
A separate consultation on fees is due to take place this month<br />
Rumours that fees on a sliding scale will be introduced in December<br />
2013<br />
Unconfirmed reports:<br />
– issue fee of £250 and listing fee of £1,000;<br />
– higher fees if claim exceeds £30,000; and<br />
– exemptions for those without the means to pay
PENSION REFORM<br />
Employers will be required to automatically enrol eligible<br />
“jobholders” in a pension scheme<br />
Due to come in to force 1 October 2012<br />
Implementation will be phased in over a four-year period<br />
The Pensions Regulator has issued detailed guidance, which<br />
includes a step by step approach to prepare for these changes
CONSULTATION ON MODERN WORKPLACE<br />
On 16 May 2011, the government published Consultation on Modern<br />
Workplaces setting out a four-stage plan for "a culture of flexible,<br />
family-friendly employment practices" in Great Britain. Key<br />
proposals include:<br />
– Flexible parental leave to replace the current maternity and<br />
paternity leave<br />
– Flexible working for all employees<br />
– Annual leave<br />
– Equal pay<br />
Consultation closed on 8 August 2011<br />
Response from the Government is awaited
QUESTIONS?
CASE LAW QUIZ
CASE LAW QUIZ<br />
QUESTION 1<br />
What is the effective date of termination of an employee who is<br />
dismissed instantly by letter?<br />
Date it is read by employee
CASE LAW QUIZ<br />
Zulhayir v JJ Food Services Ltd
QUIZ QUESTIONS<br />
QUESTION 2<br />
Is an employee’s belief that the 9/11 and 7/7 atrocities were part<br />
of a global conspiracy a ‘philosophical belief’ capable of<br />
protection under the Religion or Belief Regulations?<br />
NO
CASE LAW QUIZ<br />
Farrrell v South Yorkshire Police<br />
Authority
CASE LAW QUIZ<br />
QUESTION 3<br />
Is putting an employee on a redeployment register a reasonable<br />
adjustment?<br />
YES
CASE LAW QUIZ<br />
Leeds Teaching Hospital Trust (the Trust)<br />
v Mr Foster
CASE LAW QUIZ<br />
QUESTION 4<br />
Does the withdrawal of a job offer to a deaf candidate, because of<br />
the cost of providing lip speaker support, breach the employer’s<br />
duty to make reasonable adjustments?<br />
NO
Cordell v FCO<br />
CASE LAW QUIZ
CASE LAW QUIZ<br />
QUESTION 5<br />
Can an employer retract a written notice to terminate an<br />
employee’s contract on the basis that it was a mistake or given<br />
too early?<br />
NO
CF Capital v Willoughby<br />
CASE LAW QUIZ
CASE LAW QUIZ<br />
QUESTION 6<br />
Can an employer reduce pay following a TUPE transfer?<br />
YES
CASE LAW QUIZ<br />
Smith and Others v Trustees of<br />
Brooklands College
QUIZ QUESTIONS<br />
QUESTION 7<br />
Is it fair to dismiss an employee for working a second job while off<br />
sick from their first job?<br />
NO
CASE LAW QUIZ<br />
Perry v Imperial College Health Care UK
QUIZ QUESTIONS<br />
QUESTION 8<br />
Is an employer vicariously liable for its employees victimising another<br />
employee who is a ‘whistleblower’?<br />
NO
NHS Manchester v Fecitt<br />
CASE LAW QUIZ
QUIZ QUESTIONS<br />
QUESTION 9<br />
Does an employer’s reference which contains unsubstantiated<br />
allegations about a former employee, breach the employer’s duty of<br />
care to that employee?<br />
NO
CASE LAW QUIZ<br />
Jackson v Liverpool City Council
QUESTION 10<br />
QUIZ QUESTIONS<br />
Do employees who are off sick from work have to request holiday to<br />
avoid losing it at the end of the holiday year?<br />
YES<br />
NO
CASE LAW QUIZ<br />
Fraser v Southwest London St George’s<br />
Mental Health Trust<br />
NHS Leeds v Mrs Larner
QUESTIONS?