In this issue we examine the changes to rules relating to maternity leave and adoption leave; tier two of the new points- based immigration system and increases in the national minimum wage; we look at some key cases and highlight their implications for employers and we draw attention to recent government consultations relating to flexible working and time off for training.
New Law
Women on maternity leave or adoption leave will be entitled to continuation of benefits during additional maternity leave or additional adoption leave. New rules affect employees with an expected week of childbirth or who are due to adopt a child on or after 5 October 2008.
Tier 2 of the new points-based immigration system (covering skilled workers outside the EEA with a job offer to fill gaps in the UK labour market) to be implemented from end November 2008. Deadline for employers to apply to be registered as a Sponsor.
Are you aware of the new National Minimum Wage rates which will increase on 1 October 2008?
Case Law Round-up
EAT to make decision on whether Disability Discrimination Act can be interpreted to cover discrimination by association further to ECJ ruling in Coleman v Attridge Law & Steve Law.
We examine the House of Lords judgment in London Borough of Lewisham v Malcolm which will make it more difficult for an employee to succeed in claiming less favourable treatment in relation to a claim for disability-related discrimination.
The Court of Appeal in Airbus v Webb has ruled that an expired warning for previous misconduct can be taken into consideration when dismissing for another act of gross misconduct provided the expired warning is not the primary reason for the dismissal.
The Court of Appeal in James v London Borough of Greenwich looks at circumstances where the court will imply a contract of employment between an agency worker and the end user (client).
Where does the employment relationship exist when an employee is sent on secondment?
We examine the case of Davies v Farnborough College of Technology where the EAT had to consider whether failure to provide an employee with his scores prior to holding a 'step 2 meeting' amounted to breach of the statutory dismissal and disciplinary procedures and whether it could be cured at an appeal hearing.
The Court of Appeal in Selvarajan v Wilmot and others had to decide whether an unreasonable delay in holding an appeal was enough to amount to procedural unfairness in implementing the statutory dismissal and disciplinary procedures.
We look at Claridge v Daler Rowney where the EAT considered whether a grievance procedure was unreasonably delayed so as to amount to constructive unfair dismissal.
The case of Industry & Commerce Maintenance v Briffa is a useful reminder for employers to ensure that they have a clause in their contracts of employment to override Regulation 15 of the Working Time Regulations 1998.
We look at two cases on the enforceability of post-termination restrictive covenants: Kynixa Ltd v Hynes, Preston and Smith and Norbrook Laboratories (GB) Ltd v Adair and Pfizer Limited. The Kynxia case also deals with breach of fiduciary duties and the duty of fidelity.
The Court of Appeal ruled in Collidge v Freeport PLC that the company was not required to pay the settlement sum under a compromise agreement following breach of a warranty (condition precedent) by the employee.
Consultations
Consultation regarding the legal right to take time off work for training purposes.
Government consultation to amend and extend the right to request flexible working for qualifying parents with children up to the age of 16. Consultation will end on 18 November 2008.