Right To Accompany A Pregnant Woman To Antenatal Appointments

From 1st October an employee or an agency worker (who has worked on an assignment for 12 continuous calendar weeks) who has a qualifying relationship with a pregnant woman or her expected child will be entitled to be permitted by his or her employer to take time off (up to 6 ½ hours in one day) on up to 2 occasions for a single pregnancy during the employee's working hours in order that he or she may accompany the woman when she attends by appointment at any place for the purpose of receiving ante-natal care. The employer can request a signed declaration from the employee confirming the date & time of the appointment that the time off is to attend an antenatal appointment which has been arranged on the advice of a registered medical practitioner…

Is Obesity The New Disability

Does obesity qualify as a disability? If yes, then the duty to make reasonable adjustments might include employers having to provide bigger chairs and desks, car parking spaces near the front door, and duties involving less mobility. The Advocate General has, today, issued an opinion on this point in Kaltoft v The Municipality of Billund. The first part of the opinion held that obesity was not a protected characteristic per se under the Equal Treatment Framework Directive. Pretty obvious stuff. The main part of the opinion considered whether obesity, without more, fell within the definition of a disability. The Advocate General pointed out the EU definition of disability covers the situation when a physical or mental condition makes "carrying out of that job or participation in professional life objectively more difficult and demanding. Typical examples…

Financial Penalties In The Employment Tribunals

On 6th April Section 16 of the Enterprise and Regulatory Reform Act 2013 was brought into force. This adds a new section 12A to the Employment Rights Act 1996 which gives Employment Tribunals the power to order employers to pay a penalty if the employer has breached any of the worker's rights to which the claim relates and has one or more aggravating features. The amount of the penalty is 50% of the amount awarded to the employee subject to a minimum of £100 and a maximum of £5,000. The Tribunal must have regard to an employer's ability to pay in deciding whether to order the employer to pay a penalty. There is nothing in the Act which says what would amount to an aggravating features, but the guidance notes published by the government suggest…

Extension Of The Right To Request Flexible Working

Under section 80F of the Employment Rights Act 1996 Employees have the right to request flexible working if they have been employed for 26 weeks and have childcare responsibilities or responsibilities to care for an adult relative and there is a specified procedure which an employer must follow when such a request is made. From 30th June 2014 all employees who have been continuously employed for 26 weeks or more will have a right to ask their employer for a change to their contractual terms and conditions of employment to work flexibly. The requirement to follow the regulations when considering an application for flexible working will be replaced by a requirement to "deal with the application in a reasonable manner." From 30th June if an employer receives a request from an employee for flexible working…

Changes To Employment Law May 2014

From 2 May, 2014 the time period for a transferor to provide employee liability information to a transferee increases from 14 to 28 days before the transfer. This only applies to TUPE transfers which take place on or after 1 May 2014. Additionally, from Tuesday 6th May it will be compulsory to notify ACAS of an intended tribunal claim before presenting an employment tribunal claim form. ACAS early conciliation has been optional since 6 April 2014; from 6 May 2014 it will become compulsory. Published: May 2014 Contact us: For further advice on your employment issues contact Gillian Reid 01904 716050.

Employment Law Changes Coming

Changes to employment law The start of the new tax year on 6 April 2014 will see a number of changes to employment law. The rule changes will affect many areas of employment law, from employment tribunals and discrimination, to everyday areas such as auto-enrolment and maternity pay. Key changes: Statutory maternity and paternity pay will increase from £136.78 to £138.18 The time period for auto-enrolling workers has increased from 1 month to 6 weeks Employee complaints are now required to submit details to the Advisory, Conciliation and Arbitration Service (ACAS) Tribunal award limits are being increased.   Published: April 2014 Contact us: For further advice on your employment issues contact Gillian Reid 01904 716050. "http://www.warekay.co.uk/news-updates/family

Cv Fraud

There is no doubt that CV fraud is on the increase; in a recent survey, one in five candidates admitted to lying on their CV and more than 50 per cent of employers said they had spotted material inaccuracies in CVs. Many CVs contain minor errors - such as wrong dates or exaggerated achievements - that may be overlooked by an employer, but CV fraud is more intentional and involves lying about qualifications or experience. In the worst case scenario this could be a criminal offence or present a threat to public safety. Being a victim of CV fraud will waste your time and your money and could put your professional reputation at stake.  The best way to avoid it is by verifying details on interviewees' CVs from the outset. You should check: identity…

Employment Tribunal Traps To Avoid

An employee can take an employer to an employment tribunal for a variety of reasons. These include claims for unfair dismissal, unpaid wages, redundancy and discrimination. If the claim is successful, the tribunal can order the employer to pay compensation and/or give the employee their job back. Defending the claim yourself can be very difficult and time consuming if you have no experience of employment law or dealing with a tribunal court. Some claims are very technical and depend on the interpretation of legislation or case law. If you do not follow the correct procedure, present your case properly or miss a hearing you put your defence at risk. If you are tempted to represent yourself, take care to avoid the most common mistakes employers make: failing to complete the response form properly or…

Resignation Checklist

All employers, no matter how good they are, will likely have to deal with an employee resignation at some point. Sometimes it is because an employee's personal circumstances change and sometimes it is because they have been offered a better opportunity elsewhere. On some occasions, it is because there are problems at work. As an employer it is important to know how to handle the details when an employee resigns. You cannot refuse to accept someone's resignation. However, if an employee resigns verbally in the heat of the moment, you should give them an opportunity to change their mind in order to avoid a constructive dismissal claim. Here is a checklist of some of the issues for employers to think about when an employee resigns: ✔   the resignation should be confirmed in writing; ✔…

Religion And Belief In The Workplace

The Equality Act 2010 makes it unlawful to discriminate against someone because of their religion or belief.  With religious festivals of all faiths spread throughout the year, employers need to be aware of workers' rights and some of the issues that can arise to avoid costly tribunal claims. The Equality Act protects employees, contract workers, partners and office-holders, and covers the areas of recruitment, terms and conditions, promotion, training and dismissal. An employee, who believes you have discriminated against them, harassed or victimised them because of their religion or belief can bring a claim in an employment tribunal and, if successful, can be awarded unlimited compensation. The average award in April 2012 - March 2013 for this type of discrimination was £16,320. Employers can be held responsible if one employee discriminates against another in the…