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ACAS discussion paper on Agency Workers' Directive

Shepherd & Wedderburn LLP
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United Kingdom
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August 13 2009

Employers will be aware of the Government consultation on the implementation of the Agency Workers' Directive in the UK which closed on 31 July 2009

Early review of default retirement age

Shepherd & Wedderburn LLP
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United Kingdom
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August 13 2009

The Government has recently announced that it will bring forward its proposed review of the default retirement age under the Age Discrimination Regulations from 2011 to 2010

Equality Bill update

Shepherd & Wedderburn LLP
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United Kingdom
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August 13 2009

The Equality Bill continues to progress through Parliament towards an implementation date in 2010

Employment status in the construction industry

Shepherd & Wedderburn LLP
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United Kingdom
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August 13 2009

HM Revenue and Customs has published a consultation on "false self-employment in construction", in which it proposes that workers in the construction industry will be treated as being in receipt of employment income for tax purposes and therefore subject to National Insurance contributions and tax unless they meet one of three criteria

Failure to make reasonable adjustments can render a dismissal unlawful

Shepherd & Wedderburn LLP
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United Kingdom
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August 13 2009

Where a dismissal could have been avoided by making a reasonable adjustment (such as a phased return to work or a move to a different job), the employer's failure to make the reasonable adjustment meant that the dismissal itself amounted to discrimination under the Disability Discrimination Act

Sleeping-in allowance counts towards minimum wage

Shepherd & Wedderburn LLP
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United Kingdom
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August 13 2009

The case of Smith v Oxeter Learning Disability NHS Trust concerned a worker who was contracted to work 15 hours per week at a residential care home and occasionally required to sleep at the care home to be on call for night duty

Meaning of "likely" under the DDA

Shepherd & Wedderburn LLP
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United Kingdom
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August 13 2009

The House of Lords has held that the phrase 'likely to recur' in relation to the definition of disability under the Disability Discrimination Act must be given a wide meaning (SCA Packaging Limited v Boyle

TUPE and insolvency

Shepherd & Wedderburn LLP
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United Kingdom
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August 13 2009

The Court of Appeal has heard the appeal in Oakland v Wellswood (Yorkshire) Ltd

Employer has substantial flexibility to determine selection pools in a redundancy exercise

Shepherd & Wedderburn LLP
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United Kingdom
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August 13 2009

The EAT has held that an employer has a wide measure of flexibility in determining the pools for selection in a redundancy process (Lomond Motors Ltd v Clark

Legal representation at internal disciplinary proceedings

Shepherd & Wedderburn LLP
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United Kingdom
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August 13 2009

In the case of Kulkarni v Milton Keynes Hospital NHS Foundation Trust, the Court of Appeal has held that in certain circumstances an individual may have the right to be legally represented at an internal disciplinary hearing