EMPLOYMENT LAW TRAINING AND EMPLOYMENT LAW CONSULTANCY
Latest News
Rules on Retirement to get early review.
The Government has announced that it will review the Retirement provisions of the Age Regulations a year earlier than planned. Originally this was set for review 5 years after introduction, i.e. 2011. However this will now happen in 2010.
Changes to Discipline Rules confirmed from April
The Statutory Dismissal procedures, introduced only in 2004, are repealed and replaced by a revised ACAS Code from 6 April. There are transitional procedures though, so continue to take care with dismissals and grievances in the coming month or two. For further information, refer to our 2009 Newsletter.
A failure to follow the new Code can still result in an increase in compensation by up to 25%, so training is important to ensure that managers are fully aware of the correct processes to follow.
Two New Workshops added for 2009
Two new workshops have been added to our portfolio of workshops for 2009. Firstly, following a number of requests, we have created a very practical event covering redundancies. This is a half day covering the legal background, with an optional half day to focus on the skills required in handling this sensitive situation.
The second new event provides everything you need to know about Contracts of Employment - what to include, how to change things etc. All in a single day! For further details go to the "Training" link and select the workshop title.
These outlines are for guidance only - we design each event to suit your requirements.
Flexible Working - rights extended
Despite the problems facing many businesses the Government has decided that they will press on with the the planned extension to Flexible Working Rights from April. The right to request Flexible Working is to be extended to all employees who are parents of school age children, giving an estimated 4.5 million employees the right to ask for a change to their contracts. Employers should expect many more requests, and Line Managers should be up to date on how to respond to these.
Now available from Gower... The Managers Guide to Discipline. Written in a practical, down to earth style, this step by step "best practice" guide to the disciplinary process covers everything from the initial investigation through to dismissal. This softback book also contains valuable checklists and sample letters covering every stage in the procedure - a must for all line managers and supervisors.
Chiltern Railways
We are delighted to be working with Chiltern Railways in 2009. Senior Managers will be attending a series of workshops to enhance their employment law awareness. Events will cover; Discipline, Grievances and Dismissal; Family Friendly Rights; Managing for Attendance; and Discrimination and Harassment.
As part of the preparation, ELT presenters spent a day with some of the Managers who will be attending, to ensure the workshops are relevant and practical. Case studies have been developed to reflect real life situations the managers can face on the job.
Recent Case News
What is classed as an "emergency" under the Parental/Dependent Leave regulations? Mrs. Harrison asked for a day off work from RBS when her normal childcare arrangements broke down. She first told her employer on 8 December that there could be a problem on 22 December. Over the next few days she tried to cover for the childminder, but was unable to find anyone.She informed RBS on 13 December, and asked her team leader for a day off on 22nd. On 20th she was told that they had no cover for her, and she could not have the day off. Mrs. Harrison was also told that if she took the day she would be disciplined. Naturally she took the day off to look after her two children. Subsequently she was disciplined and issued with a formal warning. Mrs Harrison complained to Tribunal that she had been subjected to a detriment for taking a day of Dependent Leave. The Tribunal and EAT agreed that this was an " unexpected" need and stated that the requirement need not be classed as an "emergency" (which many have interpreted into these rules).
Employers should try and grant these requests wherever possible. They are unpaid, and if Employees feel they will not be granted, they may be inclined to take a day "off sick" - and get paid!
(Case; RBS v Harrison Employment Appeals Tribunal 2008)