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HR Today
employment law update

Welcome to HR Today, the monthly newsletter from IntellectHR keeping you up-to-date with employment law changes and free HR services that our members are entitled to.

In addition to the newsletter, Intellect members have full access to our free IntellectHR service, providing you with web-based HR guidance including a full range of practical step-by-step guides, letters, forms, contracts, an employee handbook, and customisable policies.


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Increase to statutory holidays

The sunny spells we have recently been enjoying are a good lead in to this month's hot topic which is an update on the recent increase to statutory holiday entitlements and how this may affect your business.

A recent YouGov survey of 2,114 adults found that 21 per cent of full-time workers said that they were entitled to less than 27 days holiday per year including bank holidays: although this would imply that not everyone is aware of his/her rights, employers should ensure that they offer at least the statutory minimum entitlement.
Read the full story» 


Increase to statutory redundancy pay

The limit on a week's pay for the purposes of calculating statutory redundancy pay (SRP) will be increased from £350 to £380. The maximum amount of statutory redundancy pay will therefore also increase from £10,500 to £11,400 (20 years x 1.5 weeks x £380).

SRP was last increased in February and it would be usual for the next increase to have been due in February 2010. The Department for Business, Enterprise and Regulatory Reform is indicating that the change will take effect from 01 October 2009.

What is not clear yet is whether there will be an identical increase to the statutory basic award for unfair dismissal claims.


Equality Bill published
The long awaited Equality Bill has now been published. This aims to combine all of the existing legislation on discrimination into a single statute and contains 205 clauses plus 28 Schedules. Note that as the Bill goes through parliamentary process some parts may go, others could be altered and new provisions could be introduced. The majority of the provisions are however expected to come into force in October 2010.
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Increase in tribunal claims and changes to procedures
The Tribunal Service has published its annual statistics for the period 01 April 2007 to 31 March 2008. These show a 43 per cent increase in the number of claims compared to the previous year (2006/07).
A number of changes have been made to the employment tribunal Rules of Procedure from 06 April 2009.
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Eastern European workers - extension of the Worker Registration Scheme
The Government has announced that the Worker Registration Scheme, which had been expected to end on 30 April 2009, will continue for another two years.

This requires workers from the Czech Republic, Estonia, Latvia, Lithuania, Slovenia, Slovakia, Poland and Hungary to be registered with the Home Office until they have completed 12 months registered work. Employers failing to ensure that their employees comply can be fined up to £5,000. The scheme will now end on 30 April 2011.

Some interesting cases
- Discrimination - on the grounds of age and disability
- Discrimination - sexual harrassment
- TUPE: when the contract does not continue
- Casual workers - are they employees?
- Can controlling shareholders be employees?

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The opt-out remains

The recent talks which aimed to remove our ability to opt-out of the maximum 48 hour working week broke down without agreement for the final time. This means that employees will be able to continue to work more than 48 hours a week if they choose. According to government figures, 3 million workers, more than 1 in 10, work more than 48 hours per week. So basically the status quo prevails and all suggestions about restricting the ability to opt-out or putting further rules in place have also gone.
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Corporate manslaughter

The first prosecution under the Corporate Manslaughter and Homicide Act 2007 has been reported. A Gloucestershire-based company, Cotswold Geotechnical Holdings Ltd, has been charged with a 'gross breach' of duty in connection with the death of a junior employee who died when a pit collapsed on him in September 2008. A director of the company, Peter Eaton, has also been charged with gross negligence manslaughter and a separate health and safety offence.
Mr Eaton will appear at Stroud Magistrates Court on 17 June to face charges both as an individual and on behalf of the company.


Changes to health and safety law

As from April 2009 employers will no longer have to register the factories, offices and shops in which their employees work with the relevant health and safety authority. A new health and safety law poster has also been introduced which sets out what employers and workers must do, and what to do if there is a problem.
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Do's and Don'ts on dismissal

We've added a further handout to our 'Do's and Don'ts' section - this time on dismissal.  This handout reminds the manager of key points relating to dismisssal, helping ensure that any dismissals are managed properly, thereby decreasing your risk of an unfair dismissal claim.
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How much does it cost to bribe your employees?

Researchers from Infosecurity Europe surveyed 600 commuters and, according to their press release, a third of those surveyed (37 per cent) admitted that they would hand over their company's secrets for the right price.  

Of those prepared to spill the beans, 63 per cent of them would only do it for £1 million, 10 per cent to pay off their mortgage and 5 per cent for a holiday or a new job!  Worringly, 2 per cent said they would share secrets for a free slap-up meal!
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How not to make redundancies

We're not sure where this originated from before it started being forwarded around the world by email (think it was a local paper in Singapore) so can't credit this, but thought it was worth sharing further!

A firm employs a rather ruthless approach to informing their staff of redundancies...

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Swine flu

With 230 possible swine flu cases being investigated in the UK and the government's chief medical adviser warning that Britain will see "many, many more cases" of swine flu, it is worth checking you have an contingency plan.

Whilst there may be a limited chance of this affecting your employees, if it does and you are unprepared, the impact could be costly and affect the health of your employees, to whom you have a duty of care. A pandemic could escalate quickly and last for many months.
Read the full story»

 

   
   


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