Employment law is constantly changing.  Almost every month there are a number of important cases or new developments.  The purpose of this new page is to highlight some of the changes which may be of interest to you.  It is not a comprehensive list of all the recent changes/developments.  Please click on the links below to take you to the latest news in a particular practice area.

Business re-organisation

Business Transfers

Collective Consultation

Contractual Issues including:

- Contracts of Employment

- Breach of Contract

- Varying Contractual Terms

- Restraint of Trade and Business Secrets

Directors

Discrimination and Equal Pay

Disciplinary and Grievance Procedures

Employment Status

Employment Tribunal Hearings, Practice and Procedure

Health and Safety at Work

Human Rights, Data Protection and Monitoring

Maternity and Family Rights

Wages and Statutory Payments

Recruitment

Sickness

Termination of Employment including:

 - Unfair Dismissal

- Redundancy

- Compromise Agreements

Whistleblowing

Working Time

Please contact us if you require further information on any of the news items listed below.

Age Discrimination

Rolls Royce Plc v Unite the Union - High Court - October 2008

Giving points for length of service in a redundancy selection exercise may not amount to age discrimination if it is justifiable and /or if it amounts to an exempted benefit under the Age Regulations.  The High Court held that Rolls Royce use of length of service as part of it's matrix for selection for redundancy was lawful.

Rainbow v Milton Keynes Council - ET - October 2008

A school which limited its recruitment for a post to candidates with 5 years or less experience was found to have indirectly discriminated against a candidate with 34 years experience.  The Employment Tribunal found that the discrimination was not justified on the grounds of costs.

Discrimination on the grounds of religion or belief

Saini v Saints Haque Centre, Bungay and Paul, EAT - October 2008

The EAT held that the wording of the anti-discrimination legislation was wide enough to protect employees who are harassed because of another's (e.g. parties) religion or belief i.e. associative discrimination.

With effect from the 27 October 2008, Agency Workers will be entitled to Statutory Sick Pay if they are engaged on contracts of less than 3 months.

Pay v United Kingdom - C ECtHR - Sept 2008

The European Court of Human Rights has found that the dismissal of a probation officer as a result of his involvement in bondage, domination and sadomasochistic performances did not breach his right to a private life or his right to freedom of expression.

Dickins - v 02 PLC - Court of Appeal Oct 2008 

Once the employee had explained her difficulties at work to her manager and their effects on her health, some responsibility passed to the employer.  Management intervention was then required and the employee should have been sent home and referred to the employers occupational health department.