Lupton Fawcett LLP - Openbrief » Employment/HR

Removal of the Default Retirement Age (part 2!)

Angela Gorton — Fri, 04 Mar 2011 10:06:21 +0000

Our openbrief article on 18 February 2011 reported that the first draft of the Regulations that remove the default retirement age of 65 had been published. However, the way in which they were drafted produced some unexpected and problematic consequences for employers, including the situation where an employer who retired an employee on or before 30/9/11 [...]

Removal of the Default Retirement Age

Angela Gorton — Fri, 18 Feb 2011 11:34:24 +0000

Finally, the draft Regulations that aim to remove the default retirement age of 65 have been published. They are in draft and are yet to be approved. However, whilst they have provided more clarity in some respects, they have caused complete confusion in others. The Regulations provide that: 1 from 6/4/11 employers will no longer be [...]

Time off for Training

Angela Gorton — Wed, 16 Feb 2011 16:48:51 +0000

The right to request time off for work relevant training was introduced for employees of large employers in April 2010. It applied to employers who employed 250 employees or more. The Government had intended to extend this right to all employees from April 2011. The penalty for an employer who failed to consider such a request was [...]

Claiming costs

Angela Gorton — Tue, 15 Feb 2011 15:29:55 +0000

Should an employer be on the receiving end of an Employment Tribunal claim, the general rule is that they will be unable to claim their legal costs back from the Claimant even if they successfully defend the claim. This is because the general rule is that each party should bear its own costs in such [...]

Increase to Compensation Limits, Payments and Allowances

Angela Gorton — Tue, 14 Dec 2010 10:59:48 +0000

From 1 February 2011 the compensation limits increase as follows: Unfair dismissal Maximum compensatory award £68,400 (previously £65,300) Cap on week’s pay for basic award £400 (previously £380) Maximum basic award £12,000 (previously £11,400) Redundancy payments Cap on week’s pay £400 (previously £380) Maximum redundancy payment £12,000 (previously £11,400) From 11 April 2011 it is proposed that payments and allowances increase as follows: Statutory Maternity, Paternity and Adoption Pay & Maternity [...]

Equality Act - Disability Discrimination

Louise Connacher — Fri, 03 Dec 2010 09:41:31 +0000

The Equality Act 2010 eventually came into force on 1 October. The most significant effect of the legislation will be improved employment rights for disabled people. A new right allows a disabled person to complain that he has been treated unfavourably because of something arising as a consequence of his disability. For example, previously an employer [...]

A Royal Engagement

Angela Gorton — Thu, 25 Nov 2010 17:44:01 +0000

Following the announcement of the wedding of Prince William and Kate Middleton, a whoop of joy was heard amongst employees as a national bank holiday was declared. However, employers may have some employment issues to deal with as a result. Firstly, many employers can expect to receive a deluge of requests for holiday leave around this [...]

Employers to be named and shamed

Angela Gorton — Mon, 04 Oct 2010 09:16:21 +0000

The Government has announced that as from 1st January 2011, employers who are found to have breached the National Minimum Wage Regulations shall have their names published by the Department for Business, Innovation and Skills. The aim is that the threat of bad publicity will deter employer’s from breaching the rules in the first place, prevent [...]

Flexible working to be extended

Angela Gorton — Fri, 01 Oct 2010 14:37:18 +0000

At present the right to request flexible working applies to parents of children aged under 17, disabled children under 18 and carers of certain adults (such adults being the spouse, partner, civil partner, relative or person who lives at the same address as the person being cared for). From April 2011 the right is to [...]

Changes from 1 October 2010

Angela Gorton — Fri, 24 Sep 2010 14:19:12 +0000

A number of changes are due to come into effect from 1 October 2010. These include: 1 Increase in national minimum wage rates (see our previous article dated 2 August 2010 for details). 2 Amendments to the Conduct of Employment Agencies and Employment Businesses Regulations. The main changes are:- - advertisements are to specify whether the position is temporary [...]

Holiday Pay and sick leave

Angela Gorton — Fri, 06 Aug 2010 15:44:03 +0000

There has been significant case law on this topic in the last 12 months. We now have a further decision, albeit only a Tribunal decision, which sheds some guidance on dealing with such cases for employers. Workers are entitled to 5.6 weeks statutory holiday under the Working Time Regulations. The Regulations indicate that such leave can not [...]

Increase in National Minimum Wage rates

Angela Gorton — Mon, 02 Aug 2010 09:49:40 +0000

The annual rise to the national minimum wage rates has now been announced. The national minimum wage rate for adults is to be extended to 21 year - olds. The new rates apply from 1 October 2010. The rates are: Standard (adult rate): Applies to workers aged 21 or over - rises to £5.93 per hour (previously £5.80 [...]