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This briefing note is only intended as a general statement of the law and no action should be taken in reliance on it without specific legal advice.

Employment Law Update
 Briefing 
Date
18 November 2014

Employment Law Update

Welcome to our latest newsletter, designed to keep you updated on the latest developments in employment law, and to inform you of what is on the horizon.


OVERTIME AND HOLIDAY PAY: ABOUT TIME, OR OUT OF TIME?

The Employment Appeal Tribunal recently handed down its judgment in a case that could potentially affect around 5 million employees.  Employers had been dreading the decision, which could have had catastrophic repercussions if it found that employees could claim that they had been underpaid in respect of their holidays over the last sixteen years.  The question before the EAT was whether holiday pay should be calculated by reference to overtime.  We discuss the answer here.


A FAIR SHARE: ACAS GUIDANCE ON THE NEW SHARED PARENTAL LEAVE RULES

The government is introducing the widest reforms to "family friendly" legislation since the introduction of statutory maternity pay.  It will affect families whose babies are born (or families who adopt a child) on or after 5 April 2015, but various antenatal provisions start to apply from early next month.  The provisions are complicated, but ACAS has published some guidance. This can be found here.


UNREASONABLE ADJUSTMENTS

It can be very difficult for an employer to work out how far it needs to go in order to make reasonable adjustments for disabled employees in the course of a redundancy process. We look at some recent case law and give some pointers to help employers avoid liability here.


TAKING AGES

Some recent cases have shed light on how the courts will approach claims of age discrimination.  In particular, how much the increased costs of employing older people can be factored into any decision, and to what extent the court will examine the motives of those in the decision making process. We examine them here.


Click here to view all Employment Law Journal Articles.

FLEXIBLE FRIENDS

The law relating to who can apply to work flexibly has changed. Here is our summary of the new legislation.


BULLYING IN CYBERIA

The rise of social media has brought enormous advantages to industry.  However, as with anything, it can be abused. Here we look at the growing problem of cyber bullying, and what employers can do to avoid it and protect themselves.


ZEROING IN ON THE PROBLEM

Many people see zero hours contracts as a means by which workers may be exploited by unscrupulous employers.  These concerns prompted the government to conduct a consultation (which has recently closed) in order that it might start to formulate a solution to the perceived problem. In the meantime, here is a look at the issues in this debate.


WORKERS OF THE LLP UNITE

An important case recently held that members of LLPs could be protected by whistleblowing legislation.  It found that LLP members could, in some circumstances, be protected as 'workers'. This has wide ranging implications, and we examine the practical consequences of the decision here.


PAYING THE PRICE: FINANCIAL REPORTING COUNCIL RULES

New guidelines have been issued which govern executive pay in the UK's 1,300 largest companies, in an effort to make senior managers more accountable and to align their interests more closely with the companies for which they work.  We explain the new rules here.


BULLYING AND HARASSMENT ENABLE TRAINING

Bullying and harassment in the workplace can lead to costly legal action, reputational damage and low morale.  We have recently been providing training to help managers and staff identify and deal with bullying and harassment before it becomes a problem. Mishcon Enable is our range of interactive training services designed to help clients avoid common pitfalls and resolve problems in-house, saving time and money. We also offer practical training for other issues including: performance management, disciplinaries and grievances, managing redundancies, and conducting investigations. Click here for more details.


For more information, or to discuss how any of these issues could affect your business, please contact:
 


Joanna Blackburn
Partner, Head of Employment
Tel: +44 207 440 7162
Email: joanna.blackburn@mishcon.com