Key Cases

Autumn 2011

October, a month associated with revolution, has already seen some big changes to employment law announced by the Government. In future updates we will look at these more closely, as the detail becomes clearer, but as many of you will have seen in the news the proposal is that the unfair dismissal qualifying period should be extended to two years and there is also a proposal for some issue fees in Employment Tribunals, to deter vexatious or unworthy Claimants. We at MILS will keep our fingers crossed. 

View MILS Key Cases Bulletin - Autumn 2011

Summer 2011

With some Judges relaxing on the golf course or sipping cocktails in the sun, and with listing becoming difficult due to summer holidays, summer is traditionally a quieter time for employment law litigation. This year appears to be an exception to that rule however and our litigation team are as busy as ever at present defending claims across the country.

View MILS Key Cases Bulletin - Summer 2011

Spring 2011

With the increase in temperatures over the last few months we are pleased to report a slight decrease in the rate of change in employment law. This may however be the result of an exceptionally busy winter, rather than any ongoing trend. Enquiries about the Royal Wedding and the extra bank holiday safely aside (did you or did you not grant the same, pay in lieu and/or hoist your forecourt bunting in celebration) we still expect the phones to be as busy as ever over the coming months.

View MILS Key Cases Bulletin - Spring 2011 

Winter 201/11

Despite the Coalition Government promising less red tape for business (and, conversely, partly because of that promise), this winter we have already seen an avalanche of new proposals and changes to employment law, all of which will potentially affect our clients. Rarely in recent times has the pace of change been faster and in this update we begin with those changes close at hand, before turning our attention to those which are only specks on the horizon.

View MILS Key Cases Bulletin - Winter 2010/11 

Autumn 2010

As the lights dim and the nights get longer, we at MILS have been kept busy this season and have noticed a discernable rise in telephone and email queries relating to restructuring and redundancies, as the uncertain economic climate continues. In this update we start with some good news for employers and finish by looking at E.U. proposals relating to extended maternity rights.

View MILS Key Cases Bulletin - Autumn 2010 

Summer 2010

As we near the end of the summer and our clients are checking the Met Office, in eager anticipation for their hard earned annual leave, we in the MILS Employment team also have been checking the forecast to see what developments are on the horizon in employment law for the motor industry. As ever, for those of you in Human Resources, some stormy weather is predicted and further turbulence is likely. In this bulletin we concentrate on a major change to the law announced recently for next year, namely the phasing out of the present default retirement age from April 2011. We also look at Regulations concerning the National Minimum Wage plus a review of other key areas of change. 

View MILS Key Cases Bulletin - Summer 2010 

Spring 2010

As the cloud of volcanic ash gradually clears from the horizon, in this bulletin we fly straight through the fog of the election debate, with a summary of the employment law proposals adopted by the three major parties in the forthcoming election. We also look at the main provisions of the recently passed Equality Act 2010 which will become law later this year, as well as considering two further interesting case law developments; a case on whistle-blowing (BP plc v Elstone) plus a widely reported case supporting (to a limited degree) an employer’s ability to unilaterally change the contract of employment (Bateman v Asda Stores).

View MILS Key Cases Bulletin - Spring 2010

Winter 2009/10

As this bulletin is being drafted we have just emerged from the big freeze of 2010. Whilst the country ponders whether or not stockpiling road salt may have been more sensible in the autumn than swine flu vaccine, employers surveying the horizon for the next threat to their profits are, as ever, wise to keep up-to-date with the latest changes in employment law. As snowed-in employees return to work complaining of depleted pay packets, we can slowly turn our attention to other matters. This season there has been a number of interesting cases developing the law on discrimination and accordingly we will be looking at the following; an employment appeal decision on dress codes, a ruling on the comparability of IVF treatment and pregnancy, an interesting case dealing with the difficult and often contradictory protections for religious belief and sexual orientation and finally a helpful clarification on the rules relating to risk assessments for pregnant workers.

View MILS Key Cases Bulletin - Winter 09/10

Autumn 2009

Once the business of selling new cars dies down as the autumn progresses, this is often a time of year when businesses review and plan for the New Year. The increasing burdens and costs of compliance with employment law is certainly one factor to be accounted for, as plans are made for 2010. This season, those amongst you with an eye on the news, will have noticed some important further changes to employment law from the European Court of Justice (ECJ) and from the Government. We consider in this edition the announcement of the ECJ in relation to sickness on holiday, the Government’s proposal to transfer six months of maternity leave to fathers, a case further restricting businesses buying other businesses under TUPE, a further Employment Appeal Tribunal case on age discrimination and a case on costs against lying litigants.

View MILS Key Cases Bulletin - Autumn 2009 

Summer 2009

As regular readers of our bulletin will realise, employment law rarely stands still and this summer has again seen some interesting developments. In this update we look at how the Employment Appeal Tribunal has clarified the legal tests for reinstatement of an employee in an unfair dismissal claim: the law of victimisation in discrimination claims: a further (and largely unhelpful) decision from the House of Lords on the issues relating to long term sick leave: Government consultation on (a) tips to make up the national minimum wage and(b) “fit notes” instead of sick notes: national minimum wage rates for the autumn: and swine flu. More details can be found on the MILS website, for those of you interested in developments.on to rights of flexible working.

View MILS Key Cases Bulletin - Summer 2009 

Spring 2009

In this update we focus on three main areas. Firstly, the potential implications of the European Court of Justice (ECJ) decision known as the “Heyday Challenge”. Secondly, we look at the repealing of the Statutory Dispute Resolution Procedures on 6 April 2009 and its replacement with the revised ACAS code of practice. Thirdly, we look at holiday pay during sickness following the ECJ decision in Stringer v HMRC. Finally we look at a case in which TUPE (the legislation that protects employees on the transfer of businesses in certain circumstances) has reached frighteningly wide parameters. We end with a reminder about the extension to rights of flexible working.

View MILS Key Cases Bulletin - Spring 2009

Winter 2008/9

In the Autumn 2008 update we joked that pro employer decisions were as rare as a profitable Bank in the City. The pace of deterioration in the economy since the Autumn is known only too well to everyone - and we are all finding that our section of the economy is one of the hardest hit. We at MILS have been working flat out over the last few months advising motor industry employers on the best ways to deal with the redundancies and restructuring brought about by the present economic climate. In this update, to lighten the gloom with a sparkle of New Year light (anyone for some ‘green shoots’?!) we can again report some pro employer decisions in the Tribunals…

View MILS Key Cases Bulletin - Winter 2008/9

Autumn 2008

A common (and not altogether unwarranted) comment by many of our clients is that they feel that the pace of change in employment law means they have to be experts in Human Resources.  Many of you are therefore finding that the time for selling and repairing vehicles is increasingly being squeezed. Autumn 2008 is no exception to that general impression, despite John Hutton’s recent prophecy that “the end of the era of major new employment regulation” is upon us.

View MILS Key Cases Bulletin - Autumn 2008

Summer 2008

The last few months have seen the usual flurry of interesting cases in employment law which, as the “The Apprentice” series 3 has come to its inevitable conclusion, may leave some employers wishing that the bygone days of employment law Alan Sugar style was still in existence.