Dear Colleague,
Welcome to the MILS Employment Law Email Bulletin.
As we remain in the depths of the current recession employment law continues to dominate the headlines. People could be forgiven for believing they were back in the 1970’s or 1980’s with issues in the news such as snow related absences, wide scale redundancies and strikes. The stand-off between Italian and Portuguese workers and local people at oil refineries recently posed difficult questions regarding the free movement of workers versus the protectionist call of British jobs for British people.
We have also recently had the national Employment Tribunal statistics released. They reveal a 43% rise in Tribunal claims in the 2007/2008 period compared to the previous year. We at MILS have certainly found our litigation caseload expanding for clients. Employers should also note that one of the largest jumps was in age discrimination claims, which practically tripled from the previous year, as the 2006 Age Discrimination legislation begins to take hold.
In this update we focus on three main areas. Firstly, the potential implications of the European Court of Justice (ECJ) decision known as the “Heyday Challenge”. Secondly, we look at the repealing of the Statutory Dispute Resolution Procedures on 6 April 2009 and its replacement with the revised ACAS code of practice. Thirdly, we look at holiday pay during sickness following the ECJ decision in Stringer v HMRC. Finally we look at a case in which TUPE (the legislation that protects employees on the transfer of businesses in certain circumstances) has reached frighteningly wide parameters. We end with a reminder about the extension to rights of flexible working.
This bulletin and future bulletins provide links into the MILS website, where more detail on the cases can be found, for those of you interested in developments.
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
ECJ Decision on the Heyday Appeal
The European Court of Justice (ECJ) has held that the UK retirement age of 65 might be legal – but it might not be! The ECJ has essentially found that the UK has complied with the European Directive, but referred the matter back to the High Court to consider whether the mandatory retirement age of 65 can be objectively justified.
Read More
Repeal of the Statutory Dispute Resolution Procedures from 6 April 2009
In 2004 the Dispute Resolution Procedures were introduced in an effort to simplify unfair dismissal, to get employees and employers resolving workplace disputes before going to the Tribunal and to install good practice. They failed. For the last five years they have plagued employers, employees and lawyers with their complexity and reliance on procedure over substance. They are being abolished as of 6th April 2009 onwards (although there will be some transitional provisions, so beware). We look at the changes brought about by their replacement - the new ACAS code of practice.
Read More
Stringer v HMRC
The ECJ has given its verdict on the accrual of holiday pay for those on long term sickness absence. It is bad news for employers. We look at some of the potential implications.
Read More
Royden v Barnetts Solicitors
A frightening development for any employer who has long standing clients. A firm of solicitors won a big new client and suddenly found themselves stuck with some of the previous solicitor’s lawyers under TUPE.
Read More
Update on Flexible Working
Summary of the extension to the right to flexible working, effective from 6 April 2009 onwards.
Read More
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