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This is a reproduction of a book published before 1923. This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc. that were either part of the original artifact, or were introduced by the scanning process. We believe this work is culturally important, and despite the imperfections, have elected to bring it back into print as part of our continuing commitment to the preservation of printed works worldwide. We appreciate your understanding of the imperfections in the preservation process, and hope you enjoy this valuable book. |
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The Discipline Of Alice Lee (1868) List Price: $41.95 Sale Price: $29.44 |
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This book is a facsimile reprint and may contain imperfections such as marks, notations, marginalia and flawed pages. |
Employment Law Round Up (United Kingdom)
When I’m Sixty Five …..
As has been widely reported this week, following the Heyday decision in the High Court, if Paul McCartney were to sing ‘Will you still need me, will you still feed me, when I'm sixty-five’ this week, the answer would be an emphatic ‘no’.
Age UK’s attempt to challenge the default retirement age of 65 in the Age Regulations as not proportionate failed. However the government is going to review the default retirement age in 2010, if it is still in power. In the meantime, employers will have to continue to give employees the opportunity to ask to work beyond their sixty fifth birthday, but they don’t necessarily have to agree.
How Injured Are Your Feelings?
It’s always a bit of a lottery to guess what a Tribunal may award any particular claimant for injury to feelings. The three broad bands for awards for injury to feelings were set down a few years ago now in the well-known Vento decision to give Tribunals a structure to work with.
However inflation has taken its weary toll and an award for injury to feelings won’t buy you as much as it used to. This week the Employment Appeal Tribunal has held in Da'Bell v NSPCC that the Vento bands should be increased to reflect inflation as follows:-
lower band: £5,000 to increase to £ 6,000
- middle band: £15,000 to increase to £ 18,000
- upper band: £25,000 to increase to £ 30,000
Despite these guidelines, average awards for injury to feelings tend to be relatively modest, and there is far from a blank-cheque culture for successful claimants.
Holiday & Sickness:
The case of Pereda v Madrid Movilidad SA in the European Court of Justice has been widely reported in the press this week, in which Mr Pereda booked a fortnight’s holiday, then suffered an accident at work before he took his holiday leave and was signed off sick for the entire period.
The ECJ held that the EU directive (enacted in the UK as the Working Time Regulations) should be interpreted so that a worker who is on sick leave during a period of scheduled annual leave is deemed to be on sick leave for those days, not just annual leave. This means that the employer cannot just say ‘sorry, we don’t care that you were sick during your holiday’. The days sickness during scheduled holiday should be added back on to the annual holiday entitlement.
Therefore a worker is not only entitled to postpone holiday because of sickness arising before the holiday starts (as with Mr Pereda), if he or she falls ill while on holiday the employee can qualify for sick leave instead and can then insist on being allowed additional holiday to make up after their recovery.
This decision could be open to wide abuse by employees saying (for example) that they went on holiday and then got a bout of diarrhoea. Employers would be wise to make clear in their policies that any illness claimed by an employee while on holiday should be covered by a local doctor’s sick certificate and that self-certified sickness will not be accepted.
Children & Vulnerable Adults:
If your work involves working with children or vulnerable adults (which could potentially cover businesses as diverse as B&B’s, charities, language schools and gas service engineers), from the July 2010, your employees doing that work will need to be registered with the Independent Safeguarding Authority under the new Vetting & Barring Scheme (the scheme becoming mandatory from November 2010).
ISA registration (costing £64) will kick in if workers are in contact with children or vulnerable adults once a month or more, or intensively (three days or more per month) or if the work involves access to records of children or vulnerable adults. Registration is done via the existing Criminal Records Bureau network.
Some businesses, such as seasonal language schools, will require their staff to be ISA registered before offering them a job. Other businesses will make job offers subject to subsequent ISA clearance. How effective this scheme turns out to be in practice remains to be seen. For more information visit www.isa-gov.org.uk.
James Carmody
30th September 2009
About the Author
James Carmody is lawyer advising on UK employment law in Central London. www.reculversolicitors.co.uk
What is that song in 10 things I hate about you?
the one where it shows their house for the first time and Kat isa reading the bell jar?
It's Sunshine On My Window, by Letters to Cleo.
Lyrics: http://www.lyricsdownload.com/letters-to-cleo-sunshine-on-my-window-lyrics.html
Honeywell Announces HTS900 Engine Upgrade for Bell 407 Operators
http://www.newscom.com/cgi-bin/prnh/20080425/LAF040LOGO ) "Eagle 407 HP operators are going to see a big difference, especially flying cargo high or hot, because of a 26 percent increase in shaft...
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