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EMPLOYMENT LAW UPDATE
15 NOVEMBER 2011
PRESENTED BY GRAHAM IRONS and SIMON DEMAID

LEGISLATION UPDATE

AGENCY WORKERS REGULATIONS 2010
Came into force on 1 October 2011
Provides greater rights to agency workers
Day 1 rights: agency worker is entitled to equal access to on-site
facilities and information on permanent employment vacancies
After 12 weeks: agency worker is entitled to the same basic working
and employment conditions as the employer's permanent
employees

AGENCY WORKERS REGULATIONS 2010 – recent issues arising
Bonuses
Appraisal’s for Agency Workers
Inductions for Agency Workers
The problems with multiple agencies
– Agency worker returns through a different agency
– Agency worker works simultaneously for a number of hirers
Information requests

BRIBERY ACT 2010 – First Prosecution
Came into force on 1 July 2011
Introduced a new strict liability corporate offence of failing to prevent
bribery by individuals acting on behalf of an organisation
Defence only if employers can show that they have "adequate
procedures" in place to prevent bribery and corruption
First person to be prosecuted
– Munir Yakub Patel
– Sentence due to be delivered 11 November 2011

DEFAULT RETIREMENT AGE
Transitional Provisions
Employees who were given 12 months’ notice on 5 April 2011 have
until the 4 January 2012 to request to work beyond their intended
retirement
Last lawful retirement date is 3 October 2012
Where transitional provisions do not apply, it is now unlawful to
dismiss an employee on the grounds of age accept where
objectively justified

EMPLOYMENT TRIBUNAL REFORM
The qualifying period for unfair dismissal will increase to 2 years
from 6 April 2012
A separate consultation on fees is due to take place this month
Rumours that fees on a sliding scale will be introduced in December
2013
Unconfirmed reports:
– issue fee of £250 and listing fee of £1,000;
– higher fees if claim exceeds £30,000; and
– exemptions for those without the means to pay

PENSION REFORM
Employers will be required to automatically enrol eligible
“jobholders” in a pension scheme
Due to come in to force 1 October 2012
Implementation will be phased in over a four-year period
The Pensions Regulator has issued detailed guidance, which
includes a step by step approach to prepare for these changes

CONSULTATION ON MODERN WORKPLACE
On 16 May 2011, the government published Consultation on Modern
Workplaces setting out a four-stage plan for "a culture of flexible,
family-friendly employment practices" in Great Britain. Key
proposals include:
– Flexible parental leave to replace the current maternity and
paternity leave
– Flexible working for all employees
– Annual leave
– Equal pay
Consultation closed on 8 August 2011
Response from the Government is awaited

QUESTIONS?

CASE LAW QUIZ

CASE LAW QUIZ
QUESTION 1
What is the effective date of termination of an employee who is
dismissed instantly by letter?
Date it is read by employee

CASE LAW QUIZ
Zulhayir v JJ Food Services Ltd

QUIZ QUESTIONS
QUESTION 2
Is an employee’s belief that the 9/11 and 7/7 atrocities were part
of a global conspiracy a ‘philosophical belief’ capable of
protection under the Religion or Belief Regulations?
NO

CASE LAW QUIZ
Farrrell v South Yorkshire Police
Authority

CASE LAW QUIZ
QUESTION 3
Is putting an employee on a redeployment register a reasonable
adjustment?
YES

CASE LAW QUIZ
Leeds Teaching Hospital Trust (the Trust)
v Mr Foster

CASE LAW QUIZ
QUESTION 4
Does the withdrawal of a job offer to a deaf candidate, because of
the cost of providing lip speaker support, breach the employer’s
duty to make reasonable adjustments?
NO

Cordell v FCO
CASE LAW QUIZ

CASE LAW QUIZ
QUESTION 5
Can an employer retract a written notice to terminate an
employee’s contract on the basis that it was a mistake or given
too early?
NO

CF Capital v Willoughby
CASE LAW QUIZ

CASE LAW QUIZ
QUESTION 6
Can an employer reduce pay following a TUPE transfer?
YES

CASE LAW QUIZ
Smith and Others v Trustees of
Brooklands College

QUIZ QUESTIONS
QUESTION 7
Is it fair to dismiss an employee for working a second job while off
sick from their first job?
NO

CASE LAW QUIZ
Perry v Imperial College Health Care UK

QUIZ QUESTIONS
QUESTION 8
Is an employer vicariously liable for its employees victimising another
employee who is a ‘whistleblower’?
NO

NHS Manchester v Fecitt
CASE LAW QUIZ

QUIZ QUESTIONS
QUESTION 9
Does an employer’s reference which contains unsubstantiated
allegations about a former employee, breach the employer’s duty of
care to that employee?
NO

CASE LAW QUIZ
Jackson v Liverpool City Council

QUESTION 10
QUIZ QUESTIONS
Do employees who are off sick from work have to request holiday to
avoid losing it at the end of the holiday year?
YES
NO

CASE LAW QUIZ
Fraser v Southwest London St George’s
Mental Health Trust
NHS Leeds v Mrs Larner

QUESTIONS?