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Testimonials
Recent case law has determined that, if an employee us unable to take planned holiday because of illness, the employer is likely to be acting unlawfully if they refuse any request to either carry the untaken leave forward or to reschedule it
The Working Time Regulations (WTR) state that employees are entitled to 5.6 weeks’ annual leave in a leave year and that so long as it says so in the employment contract, 1.6 weeks of this entitlement can be carried forward to the next leave year. The remaining 4 weeks must be taken in the leave year in which it accrues.
Recent announcements by the Government have said that it intends to introduce by April 2013, charges for employees taking a claim to an Employment Tribunal hearing. Whilst the exact amount of the fees will be decided by a consultation exercise that starts in November, it is anticipated that the fee will be at least £1150 and probably more for cases where compensation is over £30000.
Announcements have been made that next year there will be an extra bank holiday to celebrate the Queen’s Diamond Jubilee that year. This extra day off will fall 5 June 2012 and as this is a Tuesday it has also been announced that, to create a long weekend, the late May bank holiday will also be moved to Monday 4 June 2012.
Cases of employees misuse of social networking sites is on the increase. Recent cases have seen individuals posting photos of themselves at parties whilst they were off work because of illness and were apparently too ill to come to work, or they have made inappropriate comments about colleagues and their employer on social media sites like Facebook, Twitter, YouTube etc, or have sent inappropriate and offensive e-mails from home or work computers
COUNT DOWN TO THE AGENCY WORKERS REGULATIONS
The new Agency Workers Regulations will come into force on 1 October, and mean that any temporary employees who work more than 12 weeks in on an assignment may be entitled to benefits that are the same as those of permanent employees.
Whilst most employers will already have been thinking about the implications on wages and hourly rates, there are other benefits which need to be considered too.
CHANGING RULES ON FLEXIBLE WORKING
Proposals to broaden this existing right are likely to be introduced in 2015, however with the changes to paternity leave and taking into account the introduction of the Equality Act, now seems to be a good time to highlight how the current rules work?
Who’s eligible? The right to request flexible working patterns, applies to parents, adopters, guardians or foster-carers of all children under 17 (or under 18 for a disabled child) and, since 6 April 2007, to carers of adults, not just to those with children. Any request must be made in line with statutory procedures
You may be aware that some changes were introduced to Paternity Leave, with there now being an option for fathers/partners to have an opportunity to take more than the statutory two weeks; however are you clear about how it works?
NEW NATIONAL MINIMUM WAGES
From 1st October 2011 the following new rates will apply:
_ £6.08 for those aged 21 and over;
_ £4.98 for 18 – 20 year olds;
_ £3.68 for 16-17 year olds; and
_ £2.60 for apprentices
Working Time Directive
A review is currently under way of the rules laid out in this directive and the general consensus is that this review will strengthen employee protection.
