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The Acas revised Code of Practice on discipline and grievance has been approved by the Secretary of State for Business, Enterprise and Regulatory Reform. Before the Code comes into effect on 6 April 2009 it requires Parliamentary approval and it remains a “draft” until that approval is obtained.
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Posted November 17th, 2008 | No Comments »
In June 2008, the EU Employment and Social Affairs Council adopted a common position on the opt-out from the 48-hour week and on what constitutes on-call time – two contentious matters that the governments of the EU states have been arguing over since the UK’s opt-out expired in November 2003. The compromise would allow the opt-out to continue but with new upper limits and other restrictive conditions. The agreement was subject to the approval of the European Parliament.
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Posted November 17th, 2008 | No Comments »
In preparation for consultation on the implementation of a new European Directive on temporary agency work, the Department for Business Regulation and Regulatory Reform (BERR) published on 30 October the findings of a survey on agency working conducted by Employment Market Analysis and Research, part of BERR’s Employment Relations Directorate.
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Posted November 17th, 2008 | No Comments »
After six years of disagreement, the European Parliament has voted in Strasbourg to support, without amendment, the proposals for the Directive on Temporary Agency Work put forward by the European Commission.
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Posted November 3rd, 2008 | No Comments »
On 15 October, the European Commission adopted a proposal to modify the Directive on working time in road transport. The new proposal aims to ensure that the existing working time rules apply to all employed professional drivers, including “false self-employed workers”.
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Posted October 27th, 2008 | No Comments »
In 2004, the Court of Appeal ruled that, in the cases Redrow Homes v Roberts and Redrow Homes v Wright, the two bricklayers, working at different Redrow building sites, were required to provide their services personally. As a result, they both fell into the category of “worker” as defined in the Working Time Regulations 1999 (WTR) and were entitled to paid holidays.
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Posted October 20th, 2008 | No Comments »
In a decision given on 3 October in the case Hughes v Graham and Jones, the Employment Appeal Tribunal (EAT) allowed an appeal by Mrs. Hughes and ruled that (1) she was working while on call at nights, even though asleep, and (2) her work and pay arrangements constituted “salaried hours work” and she had been paid below the National Minimum Wage (NMW).
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Posted October 13th, 2008 | No Comments »
The Scottish Government has followed the lead of the UK Government and the Welsh Assembly and, on 28 September 2008, published a consultation document on the proposal to introduce a right for employees in the public and private sectors to request time off to train.
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Posted October 13th, 2008 | No Comments »
The UK’s Age Equality Regulations allow employers to dismiss employees on the grounds of retirement at age 65 and, if they have requested to continue working beyond 65, to refuse the request, after following specified procedures, without providing written reasons. There is no provision for appealing to an employment tribunal against the employer’s decision to refuse a request not to retire.
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Posted October 6th, 2008 | No Comments »
The Department for Business, Enterprise and Regulatory Reform (BERR) has published a new 37-page “Simplified Guide” on redundancy. Despite its title, the information it provides is comprehensive enough guide employers through most redundancy situations. Links are provided by support information on the BERR, Acas and HMRC websites.
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Posted September 14th, 2008 | No Comments »
