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Sick pay and benefits shake-up

From tomorrow – Monday 27th October – agency workers and those on fixed term contracts of less than three months will gain entitlement to statutory sick pay, something with which they’d previously had to live without.

Also, income support and incapacity benefit are merged and renamed Employment and Support Allowance. More details on those at the [...]

Proposition 8 – banning gay marriage in California

Again, this isn’t employment related, but over time this blog might start to embrace (as it were) discrimination in all its forms.

On 4th November in the US voters will go to decide whether McCain or Obama will be their next president. Californians, however, will have an extra decision to make: should the Californian constitution be [...]

Age discrimination in redundancy selection – LIFO and length of service

It has been widely assumed, and advised, that Last In, First Out (LIFO) was no longer a permissible means of selecting employees to be made redundant, as it offends against age discrimination legislation. Prior to 2006 LIFO was the only formulaic and arbitrary selection method which was acceptable for unfair dismissal purposes, and many lamented [...]

Severe disfigurements

Some of the papers carry the story today of Edward Johnson, whose nuerofibromatosis means his face is covered in small harmless tumours. He has apparently been to over 80 job interviews and been rejected, he believes on the grounds that his disfigurement makes employers uncomfortable.

Employers should always remember that severe disfigurements are taken to fall [...]

Flexible working turnaround?

The news has been full of this – new BERR Secretary Lord Mandelson (go on, admit you missed him) was reported to be reconsidering the government’s previous announcement in November that the right to apply for flexible working would be extended to all employees who cared for children under the age of 16. Currently the [...]

Tribunal Respondents’ details to be made public

Until 2001 there existed a register of Respondents to employment tribunal claims – or applications as they were known then. This practice discontinued in 2001, partly because of employers being uncomfortable that even having a claim can cause negative stigma, but mainly because of the deluge of junk mail that would follow from companies offering [...]

Unpaid Tribunal Awards – A role for government enforcement?

Citizens’ Advice have released a report called Justice Denied, which claims that as many as 1 in 10 tribunal awards are never paid. The gist of the report is that:

the present system of enforcement of tribunal awards, by registration in the county / High court and use of its collection procedures is too complex and [...]

Extension of contractual entitlements into Additional Maternity Leave

Some changes came into force on 5th October 2008 regarding Additional Maternity Leave. The key distinction between the two has always traditionally been that the employee is entitled to all her contractual benefits during Ordinary Maternity Leave (aside from pay), but not during Additional Maternity Leave. These contractual entitlements, for women whose expected week of [...]

On-call time – Minimum Wage & Working Time Regulations

This blog is getting a little minimum wage-centric at the moment, but there’s a recent EAT case that re-emphasises what must, by now, be well settled law. Mrs Hughes worked in a care home, which provided her with a flat on-site. In return for a £150 per month rent subsidy, she was required to be [...]

Delay in judgments

A civil justice review in Ontario once said:

Unreasonable delay in the disposition of disputes is, indeed, ‘the enemy of justice and peace in the community’. It leads inevitably to unreasonable costs. It breeds inaccessibility. It fosters frustration, and frustrates fairness. The administration of justice falls into disrepute. People become alienated.

Sexual behaviour and drug taking may [...]