Employment Law News
This is our page for dedicated Employment Law News - also see our General News page for other News stories of interest.
- Agency Workers Regulations 2010May 6
2011 - The Government has now published the final draft of its guidance for hirers and ‘temp’ agencies under these Regulations which come into force on 1 October 2011. The Regulations give temporary agency workers the right to equal treatment in comparison to permanent workers as regards basic working conditions (pay, hours, holidays, etc) after 12 weeks continuous employment. One day’s work in any week will be enough for a week to be added to the 12 week clock but a break of 6 weeks causes a restart of the clock. However, where there is evidence of employers rigging the system to avoid the 12 week right, Tribunals will be able to make unspecified inquiries and still enforce the status.
- Whither Retirement?May 1
2011 - Now that the deadline for statutory retirements has passed, businesses who wish to retain a retirement age need to be putting in place a new policy and amending contracts to reflect the new reality. Contrary to what you may have read it is still possible to retire someone lawfully; however it will have to be shown that the policy is a proportionate means of achieving a legitimate aim. You can no longer rely on the ‘fair’ reason for dismissal being “retirement” but will have to shoehorn it into “Some other substantial reason”. Europe is so far showing a stunning degree of flexibility on the matter but this is not yet the case here if one reads UK Government and ACAS guidelines. The reach of the so called “Pamela” (PMALA) justifications will of course ultimately be defined by case law so watch this space.
- Bribery Act 2010Mar 31
2011 - The Government has released guidance on the procedures that businesses need to put in place to prevent persons associated with them from becoming involved in bribery. The guidance envisages a risk-based approach with many SMEs not really being affected. However, where a risk assessment establishes that risks of bribery may be present, adequate anti-bribery procedures will deliver immunity under a statutory defence to a charge of failing to prevent bribery under Section 7 of the Act. Organisations now have three months to put any procedures in place before the Act comes into force on 1 July 2011.
- Equality Act and the new CoalitionJun 14
2010 - The Equality Act became law on 6 April but most of its provisions won’t come into force until October. So far there has been little information on the new Government’s approach to the Act but all the signals are that some watering down, at least in administrative burdens, is being proposed. The Government has announced they will “phase out” the default retirement age, but how and when has not been explained.