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Smith Partnership Solicitor Louise Haward, looks at some of the recent news and upcoming legislation in the field of employment law. In this edition, Louise covers:
If there are any subject you would like to see us cover in future issues, do let us know.
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Agency workers - have you acted yet?
The Agency Worker Regulations 2010 came into force on 1 October 2011. If your business utilises the services of agency staff then you need to have acted and considered the implications of the Regulations.
In short, the Regulations have given agency workers the right to the same basic working and employment conditions as your permanent staff after three months service. Agency workers are now also entitled to equal access to on-site facilities, such as car-parking and crèche facilities, and information on permanent vacancies from the first day of their engagement.
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Winter weather
This time last year employers were facing disruption at work due to adverse weather. Just because we have not had snow yet does not mean employers should not be prepared for the winter months.
It is always sensible to incorporate a severe weather policy into employee handbooks (or incorporate this within current absence policies) to set out clear guidelines to staff on what to do in the event of workplace closures, disruptions to public transport or the need to work from home.
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Holiday and Long Term Sickness
The Employment Appeal Tribunal has held in In Fraser v Southwest London St George’s Mental Health Trust that an employee on long-term sick leave must request annual leave during the year in question in order to be paid for it. The request for annual leave must be in accordance with Reg 15 of the Working Time Regulations 1998 or by following the employers notice requirements.
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George Osbourne’s Autumn Statement / Promise of Radical Changes
With the content of the Autumn Statement on the 29th November one could be forgiven for thinking it was already a cold harsh winter. Things are clearly still difficult with the economy which has a direct effect on employers and employees.
All is not however bad news for employers with the promised radical changes in employment law. The primary proposals include the increase to the qualifying period for claims of unfair dismissal, imposed mediation before tribunal claims are issued and a reduction in minimum periods of consultation for large scale redundancies.
These changes are proposed to start from April 2012 so keep an eye out for future bulletins on these topics.
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'Tis the season to be jolly!
We are fast approaching the time of Christmas parties in the workplace. Many employers have cut back on entertainment budgets but this is not stopping a lot of employees from getting together to get into the festive spirit. Such events are a good way of boosting staff morale but unfortunately they can result in employment law issues.
Whilst most festive gatherings go without a hitch one of the biggest causes of post-festive litigation is people letting their hair down (as they see it) and things getting out of control. It is important to remember that one persons banter is another’s grounds for a discrimination claim.
Employees should be reminded that disciplinary rules still apply on work nights out and whilst employers do not want to spoil the fun moderation should be encouraged!
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The information in this update is intended to provide an overview of current or upcoming legislation and is not intended as complete coverage. The application of the law in any specific case should always follow professional advice. If you wish to update the details which we hold on you or you do not wish to receive any further marketing materials from us, please contact us by email - marketing@smithpartnership.co.uk. © Smith Partnership 2011
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