On 8 March 2010, the Council of the European Union adopted a Directive extending workers’ rights to parental leave from three to four months for each parent.  At least one of the four months cannot be transferred to the other parent (i.e. it is lost if not taken), encouraging fathers to take the leave.

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In a newsletter at the end of December 2009 we announced the annual changes to various payments and awards that are reviewed annually on 1 February.  At the time it was expected that the same rates would apply in Northern Ireland from 15 February 2010.

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In a decision given on 23 February 2010 in the case Bebbington v Palmer (t/a Sturrey News), the London Employment Appeal Tribunal (EAT) dismissed the appeal and confirmed that the paper boy in question was not an employee for the purpose of employment rights and his claim for unfair dismissal could not therefore be heard.

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In a judgement delivered on 11 February 2010, the London Employment Appeal Tribunal (EAT) ruled that, in the case Bateman and Others v Asda Stores Ltd, the employer was entitled to change and impose new pay structures without the express consent of individual employees, based on a clearly expressed term in the staff handbook.

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The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE Regulations) are the current UK implementation of the provisions of the European Acquired Rights Directive.  The Directive and the domestic Regulations provide the right for employees to continue to receive the same terms and conditions of employment when their jobs are transferred to a new employer.

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The Government announced on 29 January that the UK will officially recognise Workers Memorial Day on 28 April each year to commemorate the thousands of people who have died, been seriously injured or made ill through their work.

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Our newsletter two weeks ago explained in detail the new right for employees to apply to their employer to undertake study and training that will serve to make them more effective employees.  At that time the detailed arrangements were only available on the Business Link and Directgov websites, but the formal Regulations have now been published.

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In a decision given on 18 January 2010, the London Employment Appeal Tribunal (EAT), in the case Lyons v Mitie Security Ltd, ruled that annual holiday entitlement is not an absolute right as workers are required to give statutory or contractual notice to take leave.

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In a newsletter article in October 2009, we reviewed the Government’s final consultation document on the implementation of the European Directive on Conditions for Temporary Workers.  The final Agency Workers Regulations 2010 were laid before Parliament on 21 January and come into force on 1 October 2011, leaving over a year for agencies and hirers of agency workers to prepare for the changes.

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Summary
The right to apply to undertake study and training courses during employment becomes law for employees of large employers in April 2010, and employees of all employers in April 2011.  The Regulations define the format of employee applications, the timetable that employers must follow when considering the applications, and the implications of agreeing to or rejecting the applications.

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