Alastair Currie rounds-up this month's news items which will be of interest to all those working with employment law, including: the latest information on employment tribunal usage; new sources of help and guidance for employers on topics as diverse as TUPE, the World Cup and immigration; equal pay audits and details of a new bill which will impact on employers who offer accommodation to employees.
Anyone who believes that flexible working is largely limited to working mothers will have their thinking challenged this week, as a new universal right to request flexible working has now been introduced. Sarah Lamont outlines what's changed and highlights some practical steps that employers should consider.
The complexities of applying the National Minimum Wage to night workers who sleep at their employer's premises may be something of a nightmare for employers; but Mike Smith reports on a recent EAT decision which provides helpful guidance on this issue.
Lara Feghali takes a look at the latest employment law news, including an update on early conciliation, the latest news on employment tribunal fees and the judicial review of the new maximum cap on unfair dismissal compensation.
With two bank holidays under our belts this month, and the long Summer break on the horizon, holidays will be on the minds of many – although, if you are applying working time rules in the workplace, the thought of holidays may have you reaching for paracetamol rather than suntan lotion. Julian Hoskins
looks at the latest developments in respect of how holiday pay should be calculated for employees who are paid overtime and commission – should what those employees are paid while on holiday include their overtime or commission rates…?
This month's Employment news round-up is brought to you by Jodie Sinclair and covers Early Conciliation, new whistleblowing guidance for health and social care, a DBS review, a new code of practice on discrimination and illegal working and details of a government taskforce report on the Working Time Directive and its impact on doctors' training.
Alastair Currie reports on a decision which provides some welcome clarity on dealing with employees whose (potentially valid) whistleblowing concern escalates into a 'campaign' which would be (as the employment tribunal put it) "sufficient to try and to exhaust the patience of any organisation."
This month the Employment Appeal Tribunal (EAT) has considered what is meant by an 'intention' that a contract will be short term and, therefore, exempt from TUPE – can it be a 'hope' or a 'wish' that the contract will be short term, or does it need to be more concrete? This question was looked at in the context of employees providing home care to a patient pending a Court of Protection application. The EAT also looked at whether an employee who was suspended from work at the time of the transfer was 'assigned' for the purposes of TUPE. Sarah Lamont reports.
Anne Palmer takes a look at this month's key employment law news stories, including a raft of changes coming into force next week; family-friendly and surrogacy developments; zero-hours contracts and, finally, reports on the dramatic drop-off in employment tribunal claims and its possible implications.
Although many cases of maternity discrimination may be fairly clear cut, the picture can be more complex when issues of discrimination arise in relation to maternity related illness, particularly when it occurs after the 'protected period'. Alastair Currie
looks a case which clarifies the correct approach to take when an employee is dismissed because of post-natal depression which occurs after maternity leave has ended – and provides a useful summary of this somewhat complex area.