‘Enforced’ subject access requests to be banned

From 1 December 2014 employers will be banned from demanding as a condition of employment criminal records checks from job applicants or employees – so-called ‘enforced’ subject access requests.

Date of dismissal unaffected by altering dismissal decision on appeal

The effective date of termination remained the date the original summary dismissal took place despite an internal appeal substituting a finding of dismissal with notice.
Rabess v London Fire and Emergency Planning Authority

BSI kitemark on valuing people

HR professionals are being urged by the British Standards Institute to help shape the development of its new kitemark for valuing people.

September 2014 inflation data

UK Consumer Prices index inflation fell in the year to September 2014 to 1.2%. The detailed figures are as follows:

Employers’ liability under health and safety regulations and common law

The employer of a home carer, who fell and broke her wrist, did not have a statutory duty to provide her with special footwear suitable for icy conditions, nor had its breached its common law duty of care.
Kennedy v Cordia (Services) LLP

Employment status review

A ‘wide-ranging employment law review’ has been announced by BIS to help ‘clarify and potentially strengthen’ the employment status of workers.

Apprenticeships and the National Minimum Wage

The Low Pay Commission is to be asked to approve a single national minimum wage (NMW) rate for apprentices and 16-17-year-olds, with the apprenticeship rate rising by just over £1 to match the rate for 16-17-year-olds.

Oral assurance by HR officer didn’t trump specific contractual term

Specific contractual terms prevented an employee relying on a prior oral assurance that her salary would increase by annual increments subject to satisfactory performance and as such there was no breach of contract.
Equality and Human Rights Commission v Earle

Absence levels fall

Average levels of employee absence have fallen by a day per employee - from 7.6 days in 2013 to 6.6 days in 2014 - according to the CIPD/simplyhealth Absence Management 2014 survey, and many more employers are developing line manager capability to manage absence and attendance strategies.

Time off for dependants: failure to contact employer as soon as reasonably practicable

The dismissal of an employee who took time off work to take his wife to hospital was not automatically unfair as he had not contacted his employer to explain the reason for his absence as soon as reasonably practicable.
Ellis v Ratcliff Palfinger Ltd

1 October 2014 employment law changes

A brief summary of the employment law changes taking place on 1 October 2014:
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Monday, 20 October 2014

Why bother with two-stage settlement agreements?

It’s become increasingly common for employers to use two-stage settlement agreements where there is a material gap between the employee signing up to severance terms and the eventual termination of the employee’s employment, e.g. after a period of garden leave or the employee dealing with handover of work for a significant period. 

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