 |
 |
|
|
|
|
In This Issue:
|
|
|
• |
Welcome |
|
|
|
• |
Minister of religion wins claim |
|
|
|
• |
Holiday pay for long-term sick |
|
|
|
• |
'But it wouldn't have made a difference…' |
|
|
|
• |
Redundancy payments |
|
|
|
• |
New from Acas |
|
|
|
• |
And some snippets... |
|
|
Featured Links:
|
|
|
|
Welcome
This month sees a decades-old anomaly resolved with a
landmark Employment Appeal Tribunal ruling that
ministers of religion can be employees with unfair
dismissal rights and are not disadvantaged by being
appointed to holy office.
On the facts and figures front, fresh research shows
that stress remains out in front as a major source of
work-related ill-health and women are still lagging
badly behind men when it comes to pay.
The House of Lords is meanwhile seeking guidance from
the European Court of Justice on whether workers on
long-term sick leave are entitled to four weeks' paid
statutory holiday leave.
This is our last bulletin before Christmas. We will be
back in January, and hope you have an enjoyable break.
Malcolm Davies
Andersons Solicitors
Minister of religion wins claim
In a landmark decision with wide ramifications, the
Employment Appeal Tribunal has ruled in New Testament
Church of God v Stewart that ministers of religion
are entitled to claim unfair dismissal.
Reverend Stewart was removed as pastor due to
allegations — which he denied — of financial
impropriety. He claimed unfair dismissal. The church
resisted on the long-held grounds that as a minister he
had been appointed to a holy office and was not
therefore an employee and could not claim.
But the EAT followed the employment tribunal in
rejecting this argument saying that 'if the relationship
between church and minister has many of the
characteristics of a contract of employment…these cannot
be ignored simply because the duties are of a religious
or pastoral nature'.
Holiday pay for long-term sick
The House of Lords is seeking direction from the
European Court of Justice on the issue of whether
employees on long-term sickleave are entitled to four
weeks' statutory paid holiday under the Working Time
Regulations 1998.
The Court of Appeal decided in April 2005 that employees
on long-term sick are not entitled to holiday pay whilst
absent on long-term sickleave. The appeal to the House
of Lords was due to be heard at the end of October, but
they have decided to seek guidance from the ECJ due to
the complexity of the issues involved.
'But it wouldn't have made a difference…'
Those keeping abreast of the nuances of the statutory
minimum dismissal procedures, which have now been in
force for two years, will know of the controversy
surrounding the 'But it wouldn't have made a difference'
argument.
The law provides that, as long an employer follows the
statutory dismissal procedure (essentially: letter,
meeting, appeal), the fact it might not have followed a
fuller procedure will not make a dismissal unfair
provided it can show that the fuller procedure would
probably not have made a difference to the end result.
Different divisions of the Employment Appeal Tribunal
are battling it out over what is meant, in this context,
by a fuller 'procedure'. As of this month, two cases
have held that this defence covers any procedural
failing by the employer — such as general breaches of
the Acas Code of Practice. Another two cases have
adopted a narrower view, deciding only formal procedures
were covered (essentially those contained in formal
employment contracts or disciplinary policies) and that
any wider failure to follow wider procedural concepts of
'fairness' will make any dismissal unfair.
Watch this space…
Redundancy payments
The Court of Appeal has in Keeley v Fosroc
International Ltd ruled that if a staff handbook
contains details of an enhanced redundancy payment, it
is presumed to have contractual status rather than
merely 'policy' status. It can therefore be relied on by
an employee when bringing a breach of contract claim.
New from Acas
Acas has launched a new e-learning tool to help
employers understand the workplace issues raised by
sexual orientation and gender reassignment. Covered in
the package are:
- defining sexual orientation and gender
reassignment
- explaining the legal aspects of the 2003 sexual
orientation Regulations
- explaining how the Regulations affect recruitment
and existing employees
- exploring issues around gender identity
You need to register at the
Acas
elearning site to access the free course which is
complemented by
audit tools and guidance notes to assess staff
awareness and likely behaviour as well as indicating how
to ensure workplaces are free from discrimination.
Also new are updated web versions of the
Acas booklets on handling redundancies and maternity
rights.
And some snippets...
Stress still tops workplace ills
Stress remains the major British workplace health
problem, according to research carried out by the TUC
for its 2006 biennial safety reps survey.
A total of 3,339 union safety reps were questioned and
61 per cent said stress was their most pressing concern,
pointing to excessive workloads, job cuts, rapid change
and bullying as the most common triggers. Details
here.
The findings are borne out in new Health and Safety
Commission statistics which show that stress and
musculoskeletal disorders accounted for three-quarters
of the 24 million working days lost in 2005/06 through
ill-health.
Altogether 30 million days were lost through
work-related injury or ill-health, a drop from 40
million in 2000/02, according to Health and Safety
Statistics 2005/06. The full
PDF report is available for viewing.
Fatal injuries
The Health and Safety Statistics 2005/06 also reveal
that there were 212 fatal workplace injuries across the
UK in 2005/06, a decrease of 5 per cent over the
previous year, with just over 40% occurring in either
the construction or agriculture, forestry and fishing
industries.
A further 28,605 major workplace injuries were reported,
down 7 per cent on 2004/05, with more than a third
caused by slipping and tripping. Another 117,471
injuries caused employees to take three or more days off
work, 4 per cent fewer than the year before.
Migrants at risk
New research by the Health and Safety Executive carried
out by the London Metropolitan University outlines the
potential exploitation of migrants and other workers in
sectors with poor health and safety records.
The research followed an apparent rise in evidence of
poor standards — such as the Morecambe Bay tragedy in
2004 — that was not reflected in an increase in reported
incidents or complaints. Details on the
HSE website.
Women still behind
The average woman will lose around £330,000 over the
course of her working life as a result of the latest pay
gap reported by the Office of National Statistics,
according to the Equal Opportunities Commission.
The ONS shows that on the internationally comparable
measure based on mean earnings, women's average hourly
pay was 17.2 per cent less than mens' — the 2005 figure
was 17.1. The gap narrowed for most earners, but higher
pay rises for the best-paid men have kept the mean gap
from narrowing.
However, when measured by the median hourly pay of
full-time employees the gap narrowed to its lowest yet —
from 13 per cent last year to 12.6 per cent — with the
biggest difference in the South East of England (16.9
per cent) and smallest in Northern Ireland (0.2 per
cent). Details on the
EOC website.
Pensions consultation
The Government has published a summary of the responses
to its White Paper consultation on the Security in
Retirement: towards a new pensions system, together with
its response to the Work and Pensions Select Committee
on Pensions Reform. Details
here.
|
|
|
 |
|
About Andersons
----------------
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
----------
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.
|
|
|
|