Criminalisation of enforced subject access requests

The practice of requiring an employee or potential employee to make a subject access request into their own criminal records and then disclose the results to their employer - so-called enforced subject access requests - is to be outlawed from 10 March 2015.
 
 

Illegal variation of staff handbook in relation to absence management procedures

An employer could not unilaterally change the terms of its employment policies in relation to attendance management despite a variation clause seeming to give it power to do so.
Sparks v Department for Transport
 
 

National Minimum Wage rates from October 2015

The Low Pay Commission has recommended that the following increases should apply from October 2015 to the rates of the National Minimum Wage:
 
 

Pay data: February 2015

Pay increases remain clustered around the 2% level according to various pay research data.
 
 

Flexibility clause did not enable unilateral variation

An employer could not rely on a general flexibility clause to unilaterally vary employees’ entitlements to sick pay because the language of the clause was imprecise and ambiguous.
Norman v National Audit Office
 
 

Non-payment of bonus due to warning for disability absences

A bonus scheme that automatically excluded those who had received a formal warning for sickness absence discriminated against disabled employees.
Land Registry v Houghton
 
 

Increase in compensation limits from April 2015

Increases to the compensatory award and the amount of a week’s pay for calculating certain tribunal awards will come into force in April 2015.
 
 

January 2015 inflation data

UK Consumer Prices index inflation fell in the year to January 2015 to 0.3%. The detailed figures are as follows:
 
 

Employment confidence remains strong but a new pay divide looms

While employment confidence is set to remain strong over the short term, the CIPD is warning, in its Winter 2014-15 Labour Market Outlook, of a new pay divide opening up in the labour market between companies that can now afford to increase wages by 2% or more and those that are stuck in a pay freeze.
 
 

Management Agenda 2015

Leaders are struggling to shape up and play an effective role in solving the UK’s productivity puzzle, according to the 2015 Management Agenda survey from Roffey Park.
 
 

Collective redundancy consultation: employers’ fears over extended obligations eased

Employers with multi-site operations who need to make redundancies will breathe a little easier following an advisory opinion in Europe on the extent of their consultation obligations which paves the way for a restoration of the received orthodoxy on what counts as an ‘establishment’ for collective consultation purposes.
 
 

Employee affirmed her contract whilst off sick

An employee who claimed unfair constructive dismissal based on events before her long-term sick leave had delayed too long before resigning and had, by virtue of her conduct whilst on sick leave, affirmed her contract and thus lost the right to claim.
Mari v Reuters Ltd
 
 
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Thursday, 26 February 2015

A shared parental leave conundrum?

In January we’d just finished one of our quarterly employment law update seminars and as ever, many of our guests stayed behind to ask questions. One of these questions related to shared parental leave (SPL). An employee had started with them on 29 September 2014 and the baby is due on 9 July 2015 – did he qualify?
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