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In September 2008, the Department for Communities and Local Government (DCLG) published a consultation document entitled Standing for Office: Time-Off Entitlements. It is available at www.communities.gov.uk/documents/communities/pdf/976040.pdf.
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Posted November 4th, 2009 | No Comments »
Under the provisions of the Employment Equality (Age) Regulations 2006, employers are obliged to consider seriously requests from employees to work beyond the default retirement age of 65. An earlier retirement age may be used but only if the employer can justify it objectively. The Age Equality Regulations are the UK’s implementation of the European Equal Treatment Directive.
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Posted November 4th, 2009 | No Comments »
In yet another court decision, this time the Court of Appeal in the case Autoclenz Ltd v Belcher and Others, the efforts by some employers to turn employees into self-employed subcontractors by artificially “window-dressing” the contract.
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Posted October 28th, 2009 | No Comments »
In a detailed document published on 15 October, the Government spells out its programme of some 380 regulatory changes that have been or will be made between April 2009 and April 2001, and in a few cases beyond. A further 115 regulatory change are listed that do not yet have an implementation date. They are offset to an extent by around 66 simplification measures that are also planned. The implementation dates for some regulations are being delayed.
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Posted October 28th, 2009 | No Comments »
From 31 July 2009, the average maximum working week for doctors in training reduced from 56 hours to 48 hours. However, in order to enable certain parts of the National Health Service to deliver adequate health service and medical care, the Working Time Regulations 1998 were amended, with effect from 1 August 2009, so that an average 52-hour week maximum applies to doctors in training in specified employments. The employer, specialist service, grade and, in some cases, rota, to which the 52-hour limit applies are listed in a new Schedule to the 1998 Regulations.
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Posted October 28th, 2009 | No Comments »
On 15 October, the Department for Business, Innovation and Skills (BIS) published a new consultation document, supported by draft Regulations, which explains, in nearly final form, how the European Directive on Conditions for Temporary Workers will be brought into UK legislation. The following notes update an article, based on the initial May 2009 consultation document, which appeared in this newsletter in May 2009. It must be noted that further changes may yet be made to the draft Agency Workers Regulations 2010 and that these notes do not necessarily describe the final rules.
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Posted October 22nd, 2009 | No Comments »
The Department for Business, Innovation and Skills (BIS) has published a new consultation document giving proposals for information sharing between the various bodies that are responsible in law for the enforcement of employment rights.
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Posted October 22nd, 2009 | No Comments »
On 30 July, the judicial function of the House of Lords and its role as the final, and highest, appeal court in the UK came to an end. On 1 October, the Supreme Court of the United Kingdom took over jurisdiction on points of law for all civil law cases in the UK and for all criminal cases in England, Wales and Northern Ireland. The court is now explicitly separate from both Government and Parliament and it operates from the former Middlesex Guildhall, on the western side of Parliament Square in London.
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Posted October 8th, 2009 | No Comments »
Following quickly on the heels of the High Court decision on 25 September to allow age 65 to remain as the designated retirement age for age equality purposes – at least for now – the Cabinet Secretary announced on 30 September that a mandatory retirement age will be scrapped across all levels of the Civil Service, including the most senior levels.
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Posted October 8th, 2009 | No Comments »
On 25 September, the High Court gave its judgement in the long-running Age Concern case, which challenges the setting of age 65 as the designated retirement age (DRA) in the Employment Equality (Age) Regulations 2006. In July 2007, the charity Age Concern challenged the legality of the legislation, claiming that it allows employers to discriminate against employees reaching age 65.
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Posted September 29th, 2009 | No Comments »
