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In This Issue:
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Welcome |
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Tribunal limits |
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TUPE goes abroad... |
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... and TUPE objections |
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Ill-health retirement |
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Employment Bill published |
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Cutting it too fine
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And some snippets... |
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Featured Links:
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Welcome
The New Year heralds the annual increases in
tribunal awards they take effect next month and
sees some interesting decisions from the courts on
TUPE transfers and ill-health retirement.
The Employment Bill 2007-2008 which includes
abolishing the statutory disciplinary and grievance
procedures was published last month, while other
legislation in the pipeline extends the scope of the
Sex Discrimination Act 1975 and tightens up the
framework regulating employment agencies.
Finally, employment tribunal chairmen are no more
they have a new name for the New Year.
Malcolm Davies
Andersons Solicitors
Tribunal limits
The compensatory award for unfair dismissal is
increased next month to £63,000 from £60,600, and a
week's pay for basic awards, redundancy payments,
etc, goes up from £310 to £330. The new limits apply
to dismissals which occur after 1 February 2008.
TUPE goes abroad...
The TUPE 2006 regulations have the potential to
cover the transfer of businesses outside the UK and
even beyond the European Union, the Employment
Appeal Tribunal has decided in a case concerning the
relocation of work from a factory in England to a
new base in Israel.
The requirement under TUPE that the business
originally be based in the UK was sufficient to give
the UK courts jurisdiction over the transfer even
though the enforcement of tribunal awards might
prove difficult.
... and TUPE objections
Employees with valid grounds can object to a TUPE
transfer even when it has taken place, the Chancery
Division has ruled in a case where five employees
discovered their new employers' identity two days
after the transfer and did not want to work for
them.
The employers argued that the employees could only
exercise their right to object before the transfer
and sought interim injunctions to enforce
restrictive covenant clauses which had transferred
across.
However, the court ruled that it is valid for an
employee to object promptly after discovering the
new employer's identity and this then has
retrospective effect, so preventing the TUPE
transfer. In this case, the benefit of the
restrictive covenants did not transfer and interim
relief was accordingly refused.
Ill-health retirement
A capability dismissal will normally be unfair if
the employer fails to take reasonable steps to find
out whether the employee is entitled to ill-health
retirement benefits, the Employment Appeal Tribunal
has ruled.
The decision means that the implied obligation not
to unreasonably deprive an employee of ill-health
benefits now covers unfair dismissal.
Employment Bill published
The Employment Bill 2007-2008,
which had its second reading on 7 January 2008,
makes a number of changes to existing legislation.
Among key provisions are:
- repealing the statutory
disciplinary and grievance procedures
- giving tribunals the discretion to increase
awards by up to 25 per cent where an employer
unreasonably fails to comply with a statutory code
of practice
- removing the fixed conciliation period and
extending Acas's conciliation role
The Bill covers other, less commonplace issues
including enforcement of the national minimum wage
and amending laws about trade union membership. Note
that it is far too early to think of relying on the
changes (or even start planning for them).
Cutting it too fine
An ET1 claim form lodged on the Employment Tribunal
Service website at eight seconds past midnight was
out of time, the Employment Appeal Tribunal has
ruled.
The form was sent at one second to midnight by a law
student who the EAT has referred to the Regulated
Claims Management Service for charging the claimant
£150 an hour while not formally registered in line
with the Compensation Act 2006.
And some snippets...
Employment agencies
New regulations coming into force in April establish
a framework of minimum standards for private
employment agencies. They include new protection of
agency workers where provision is made through a
third party for services such as living
accommodation or transport and for those working in
the entertainment and modelling sector.
Judges take the chair
Employment tribunal chairmen are now known as
'employment judges' under the Tribunals, Courts and
Enforcement Act 2007 which came into effect on 1
December 2007. There are no changes to their role or
duties.
Workplace fire safety
The Health and Safety Executive has updated
information on its fire and explosion website to
cover changes to the HSE's role. Details
here.
Stress support
The Government is to pilot an £8 million advice and
support service for smaller businesses to help
people with stress and other mental health
conditions find and keep work. Existing pilot
schemes in which Jobcentre Plus advisors work in GP
surgeries will also be expanded and a new programme
for GPs rolled out focusing on health and work
issues. Details
here.
Acas success
Work done by Acas in resolving disputes saves the
economy £313 million, while the advice and guidance
service contributes a further £475 million,
according to an independent survey. Reductions in
recruitment, absence and other employment costs,
together with savings in management time, were among
the benefits Acas was found to bring to businesses.
Employees benefited from better job prospects and
avoiding losses in earnings.
Unpaid overtime
Nearly five million employees worked unpaid overtime
in 2007, an increase of 103,000 on the previous
year, according to a new TUC analysis of official
statistics. Employees would receive an extra £4,955
a year if they were paid for the extra hours they
are putting in, says the TUC. The average amount of
unpaid overtime is seven hours and six minutes a
week.
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About Andersons
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Andersons offer a comprehensive employment law
service to a broad client base comprised mainly of
quoted and private companies, public authorities,
charities and private individuals, many of whom are
household names. Our expertise covers all aspects of
employment law and in particular matters relating to
litigation, re-organisations, severance, training
and general HR advice. We act for clients on a
nationwide basis and represent clients all over the
country in Employment Tribunals, the Employment
Appeal Tribunals and other courts.
If you require advice or assistance in respect of
any particular matter, please contact Malcolm Davies
on
davies@andersonssolicitors.co.uk . For more
information about Andersons, please see our website
http://www.andersonssolicitors.co.uk .
Disclaimer
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The information and any commentary contained in
these bulletins is for general information purposes
only and does not constitute legal or any other type
of professional advice. Andersons Solicitors do not
accept and, to the extent permitted by law, exclude
liability to any person for any loss which may arise
from relying upon or otherwise using the information
contained in these bulletins.
If you have a particular query or issue you are
strongly advised to obtain specific, personal advice
about your case or matter and not to rely on the
information or comments in this bulletin.
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