http://blog.usefullyemployed.co.uk An Employment Law Blog by a UK barrister Mon, 01 Dec 2008 20:53:06 +0000 http://backend.userland.com/rss092 en The most common limits increase as follows: The cap on a week's pay for Statutory Redundancy Payments, the basic award, and related purposes - up from £330 to £350; Maximum compensatory award on a finding of unfair dismissal - up from £63,000 to £66,200; Guarantee payment during lay offs - up from £20.40 to £21.50. The ... http://blog.usefullyemployed.co.uk/2008/12/01/annual-limits-increase-details-released/ The government has started consultation on redefining disability discrimination to overcome the destructive judgment in Lewisham v Malcolm. In a sensible move, disability discrimination will borrow the concept of indirect discrimination from other discrimination law. As the consultation document proposes: [the Bill shall] adopt the concept of indirect discrimination for the ... http://blog.usefullyemployed.co.uk/2008/11/30/equality-bill-will-tackle-lewisham-v-malcolm/ In other news this November, everyone seemed to be calling for the sacking of someone. From the social workers charged with the care of Baby P, to foolish radio presenters, dismissal has hit the headlines. Ross & Brand What faced the BBC with Ross & Brand was the same issue that faces ... http://blog.usefullyemployed.co.uk/2008/11/25/but-i-dont-want-to-sack-him/ Agency workers in the UK currently have few rights, as they are not employees under employment legislation. The chief remedy from which this bars them is that of unfair dismissal - there have been some well known cases involving workers having no rights on losing a job they've performed for ... http://blog.usefullyemployed.co.uk/2008/11/25/agency-workers-gain-employment-rights/ I've not been around to blog for the last two or three weeks (clients come first!) Apologies, and here starts a flurry of posts bringing us up to date on employment law developments in November. It's been widely reported that restaurants may be compelled by legislation to reveal to their customers ... http://blog.usefullyemployed.co.uk/2008/11/25/tips-and-the-minimum-wage/ 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 ... http://blog.usefullyemployed.co.uk/2008/10/26/sick-pay-and-benefits-shake-up/ 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: ... http://blog.usefullyemployed.co.uk/2008/10/26/proposition-8-banning-gay-marriage-in-california/ 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 ... http://blog.usefullyemployed.co.uk/2008/10/26/age-discrimination-in-redundancy-selection-lifo-and-length-of-service/ 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 ... http://blog.usefullyemployed.co.uk/2008/10/22/severe-disfigurements/ 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 ... http://blog.usefullyemployed.co.uk/2008/10/22/flexible-working-turnaround/