13 June 2007

hr & legal

Case law update - Clarification of the meaning of ‘the same job’ on return from maternity leave

The EAT has considered the scope of an employee’s right to return to work from a period of maternity leave to ‘the job in which she was employed before her absence’.

Case law update - Why probationary periods need to be carefully managed

The EAT has recently considered an employer’s right to extend a probationary period. We look at what can be learned from the case.

Case law update - When does voluntary overtime become contractual?

In North Lanarkshire Council v McDonald and another, employees habitually worked 2.5 hours of overtime a week for over a year. There was no express agreement to provide the overtime either when the contract was first entered into, or subsequently. The EAT found that the contract was not varied by the fact that the overtime had been worked for over a year.

Requiring an employee to take leave on a particular day

With appropriate notice, the Working Time Regulations 1998 allow employers to fix when their workers can take their working time holiday. The EAT has confirmed that an employer can require a worker to take working time leave in single days. It does not matter that in fact no work was available on a day designated as working time holiday, provided that the employer had a contractual right to ask the employee to work on that day.

Information Commissioner’s checklist for handling requests for personal information

The Information Commissioner has added another Good Practice Note to its library: a ‘Checklist for handling requests for personal information (subject access requests)’. It sets out what your main legal obligations are if you receive a subject access request from an individual. It is set out in a question and answer format.

Case law update - Failing to consult on Disability Discrimination

There have been conflicting decisions in the Employment Appeal Tribunal (EAT) on the question of whether an employer’s failure to consult with a disabled employee could in itself amount to a ‘failure to make reasonable adjustment’ under the DDA. In Spence v Intype Libra Limited, the EAT has revisited the question again and concluded that an employer’s failure to obtain an up-to-date medical report, and consult upon it, did not amount to a failure to make reasonable adjustments.

Case law update - In a constructive dismissal case, to what extent are an employee’s motives relevant in resigning?

In deciding whether or not there has been a constructive dismissal, as long as part of the employee’s reason for resigning is the ‘repudiatory’ breach by the employer, it does not matter that there are also other reasons behind the resignation.

Case law update - Disability discrimination and reasonable adjustments

A recent Scottish case serves as a reminder that reasonable adjustments should be made not only to an employee’s existing job, but also to any offer of alternative employment during a redundancy exercise.

Case law update: Racial harassment - liability for acts of a third party

In Gravell v Bexley Council , the EAT has considered for the first time the effect of section 3A of the Race Relations Act 1976 in relation to a claim of racial harassment due to the acts of a third party.

health & safety

Ladder Exchange

The HSE have just launched new Ladder Exchange pages on their website, in conjunction with a campaign week sometime in June or July 2007: -www.hse.gov.uk/falls/ladderexchange.htm

There are other links on this webpage, one of which is: -www.hse.gov.uk/falls/preusechecks.htm

Take advantage of this initiative, if you can!

environmental services

A Skilled Workforce - what the future holds!

How changes to Education & skills will effect your business. You are invited to a meeting on Wednesday 4 July 2007 at St James's House, Frederick Road, Edgbaston, Birmingham B15 1JJ.

policy & representation