Wednesday, 28 September 2011 started with a flurry of social media postings that BIS had 'confirmed' the increase from 1 to 2 years in the qualifying period for unfair dismissal claims (closely followed by howls of outrage from union leaders). This was stated in a document which BIS posted on its website. However late afternoon on the same day brought confirmation that this document contained a 'drafting error' and that no final decision has actually been taken, i.e. as you were and no change. It's still a proposal that's being mulled over by BIS following a consultation earlier this year. A revised version of this document, One-In, One-Out: Second Statement of New Regulation, has been posted on the BIS website (see. Annex D, p. 14).

While two in five employees say they’ve too much work to do and many are working longer hours, more of them are taking control of their own health. And, apparently, according to the fifth Aviva Health of the Workplace Report, UK employers are increasingly recognising the importance of a healthy workforce.

An employee sacked over comments about her workplace on Facebook was unfairly dismissed. Her comments were ‘relatively minor’; there was nothing to suggest that the employer’s relationship with a key client had been harmed as a result; and the employer had failed to take into account her exemplary record and mitigating circumstances.

Latest figures from four pay research organisations for the three months to the end of August 2011 show little movement on average pay deals with most settlements still in the 2%-3% range and well behind headline inflation.

A reference which referred to negative reports and unsubstantiated allegations about an employee was not negligent because it had been made clear to the prospective employer that the issues raised about the employee were allegations only which had not been investigated.

Must there be a good or real prospect of an adjustment removing a disabled employee’s disadvantage for it to be considered as ‘reasonable’? Not necessarily says the EAT. If there’s a ‘real prospect’ that’ll be enough to make the adjustment a reasonable one - but an adjustment may be reasonable even if there’s a lower chance.

An employer didn’t act unfairly when, after failing to negotiate changes to terms and conditions (which included an offer to ‘buy out’ the bonus scheme), it terminated employee contracts and offered to re-employ the staff on new terms which didn’t include the buy-out payment. The employer had acted in the reasonable and honest belief that this approach would achieve the legitimate and reasonable aim of cutting costs.

This seemingly straightforward question has ended up in the European Court of Justice. The case concerned BA pilots and whether, when they were on leave, their holiday pay should be calculated on the basis of their basic salary or whether it should also include other allowances on top of their basic pay. The ECJ held that their holiday pay must include extras ‘linked intrinsically to performance of tasks’ but not ‘occasional or ancillary costs’.

The voluntary (as opposed to statutory) approach to closing the pay gap (still at 20% +) continues with the publication by ACAS of the guide Voluntary Gender Equality Analysis and Reporting - aimed at private sector and voluntary organisations employing around 150 people or more who would like to address equality issues but are unsure about how to proceed.

New guidance on the National Minimum Wage (NMW) as it affects employers who offer work experience/placements and internships has been published.  The updated guidance also includes a new worker checklist for employers and examples of case studies which aims to make sure that those who are entitled to the NMW receive it. See the Business Link website for further information.

The specific public sector equality duties came into force on 10 September 2011. The specific duties are designed to help public authorities better perform their obligations under the general public sector equality duty contained in the Equality Act 2010.