Welcome to our May edition

This month we discuss sex discrimination and the proposed judicial review requested by the Equal Opportunities Commission. Our Q&A focuses on the sunny side of life with an update on holiday rules, whilst Focus highlights age discrimination. Finally our Cause Clinic give advice on Working Time Regulations.

Focus on Employment Status

The case of Southcott -v- Royal Cornwall Hospitals NHS Trust has received much media attention, and been heralded as a “landmark victory” regarding age discrimination. Learn more about the implications for your organisation.

Q&A

1. How much holiday are employees entitled to?
Under the provisions of the Working Time Regulations 1998, employees are entitled to four weeks’ pro-rated paid holiday each holiday year. How does this apply to your business and your holiday calendar? Learn more.

2. What about bank and public holidays?
There is no right to holiday on public or bank holidays, but this is currently under review. Learn more.

3. Can we require employees to work during bank holidays?
The short answer is yes. But do you need to enhance their pay? Learn more.

4.What about rolling up holiday?
The legality of rolling-up holiday has been a contentious point for some time now, featuring regularly in the courts. Learn more about the latest rulings.

Clause Clinic

Many employers ask workers to opt out of the provisions pertaining to the 48 hour working week. The legality of the opt-out is currently being negotiated in Europe and it is likely that revisions will be made. Learn more.

Case Round Up

The Employment Appeal Tribunal (EAT) has handed down its decision in the case of Kuzel -v- Roche Products Ltd concerning the burden of proof in whistleblowing cases – and has resolved issues regarding the Statutory Grievance Procedure. Learn more.

Legislation

Sex Discrimination
The Equal Opportunities Commission has been seeking judicial review of the Government’s implementation of the amended EC Equal Treatment Directive.

Learn more.

Statutory Dispute Resolution Procedures
Following the Gibbons report, the DTI has initiated consultation with a view to abolishing the statutory dismissal and grievance procedures which were introduced in October 2004.

Learn more.