Dear Colleague,
Welcome to the MILS Employment Law Bulletin for Winter 2008/9.
This bulletin is not provided as a comprehensive summary of all changes to employment law, however we do hope to highlight some of the key areas that might interest motor industry employers.
In the Autumn 2008 update we joked that pro employer decisions were as rare as a profitable bank in the City. The pace of deterioration in the economy since the Autumn is known only too well to everyone - and we are all finding that our section of the economy is one of the hardest hit. We at MILS have been working flat out over the last few months advising motor industry employers on the best ways to deal with the redundancies and restructuring brought about by the present economic climate.
To lighten the gloom with a sparkle of New Year light (anyone for some ‘green shoots’?!) we can again report some pro employer decisions in the Tribunals…
In this update we are looking at a case which appears to strengthen employers’ arguments that LIFO (Last In First Out) can still be used in redundancy selection criteria - and not fall foul of the Age Discrimination Regulations. We also look at a case in which an employer's ignorance of their obligations under TUPE actually gave them a stronger defence in the Tribunal and a case which warns against using unqualified employment law consultants when dealing with potentially litigious matters. To even up matters (it is dark out there - and a long time until the spring) we look also to a case on the thorny issue of holiday pay which may concern some employers.
Finally as February sees the annual update in compensation limits, we also highlight the same.
NB: At the time of going to press the European Court has now given Judgment in the case of Stringer v HMRC regarding the accrual of holiday pay for long term sick employees. This will be covered in the next update in full when the full ramifications of the Judgment will be clearer.
This e-mail bulletin provides links into the MILS website, where more detail on the developments can be found.
Employment Team |
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Head of Legal Department and Commercial Barristers Team
Christopher Baylis - Barrister
BA (Hons) LLM, MTH
MPhil MBA (Trinity Hall) Cambridge University
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Head of Employment
Henry Knill - Solicitor MA (Robinson College) Cambridge University
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Legal Advice Line: 020 7244 6790 Mon - Fri, 9am - 5.30pm
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Summary of Key Cases in Recent Months
Howes v Hinckley & Bosworth Borough Council
The Employment Appeal Tribunal has determined that an application for disclosure of legal advice, given to an employer by a solicitor in relation to a formal grievance brought by an employee, was refused on the basis that the advice was not relevant to his claim before the Employment Tribunal. Importantly, it also clarified the scope of legal professional privilege to the detriment of non qualified advisors.
Read More
Berta v Hummus Brothers Ltd
Claim for holiday pay brought under the unlawful deduction from wages provisions of the Employment Rights Act 1996 should be stayed pending the appeal to be heard by the House of Lords in RM Revenue & Customs v Stringer (previously known as Ainsworth).
Read More
Rolls Royce PLC v Unite the Union
The High Court has held that giving credit for length of service in a redundancy policy could be considered a benefit under Regulation 32 of the Age Discrimination Regulations and as such the policy potentially fell under the exemption from the general prohibition of age discrimination.
Read More
Royal Mail Group v Communication Workers Union
The EAT has held that where an employer is genuinely mistaken in its belief that TUPE does not apply, it will not automatically be in breach of its information and consultation obligations by failing to inform employees of the correct legal position.
Read More
Statutory Update : New Compensation Limits come into force on the 1st February 2009
The annual increase in employment rights payments comes into effect on the 1st February 2009.
Read More
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