Employment Update: Top 10 Issues

1
Employment Update Top 10 Issues

• Fiona Miller

DWF Solicitors
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Employment Update Top 10 Issues

• Smoking ban
• Part-time workers and holidays
• Increase in statutory holidays
• Family Friendly Rights
• Harassment

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Employment Update Top 10 Issues

• Mobile phones
• Reasonable adjustment sick pay?
• Gibbons consultation report
• Equality Act 2006
• Equality Act (Sexual Orientation) Regulations
  2007

4
Health Act 2007

• Smoking ban
• Effective dates
• Wales 2 April 2007
• England 1 July 2007

5
Health Act 2007

• Scope workplace and public places
• Employer policies
• Smoke breaks
• Disciplinary procedures
• Employers liability

6
Holiday Pay Part-time workers

• Less favourable treatment due to part-time status
• Full-time comparator
• Pro rata
• Bank holidays

7
Increase in statutory holiday entitlement

• Increase in annual entitlement to 24 days per
  annum 1 October 2007
• Increase in annual entitlement to 28 days per
  annum 1 October 2008
• Inclusive of public holidays

8
Family Friendly Rights

• Maternity
• 52 weeks maternity leave consisting
• 26 ordinary maternity leave
• 26 weeks additional maternity leave
• 8 weeks notice to return to work
• Keeping In Touch Days

9
Family Friendly Rights

• Adoption leave
• Now includes careers
• Requires requisite service
• 39 weeks Statutory Maternity Pay
• Flexible working

10
Harrassment

• Employers duty to prevent take steps
• Green v DB Services Group Ltd
• Cyberbullying

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Mobile Phones

• Offence
• Penalties
• Employers liability
• Employers policies

12
Sickness reasonable adjustments

• Disability Discrimination Act 1995
• Reasonable adjustments
• Sick pay
• OHanlon v Commissioners for HM Revenue Customs

13
Statutory Disciplinary and Dismissal Procedure

• Gibbons Consultation
• Increase in mediation
• Repeal of statutory disciplinary and dismissal
  procedures
• Expansion of Tribunal powers to take account of
  attempts to settle

14
Equality Act 2006

• Establish Commission for Equality Human Rights
• Duty on public bodies to promote equality
• Make discrimination unlawful in provision goods,
  services, education or excise of public function

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Equality Act (Sexual Orientation) Regulations
2007

• Implemented under Equality Act 2006
• Extension of existing regime
• Makes discrimination on grounds of sexual
  orientation in provision of goods/services
  unlawful

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