Wednesday, 1 July 2015

EMPLOYMENT LAW NEWSLETTER, JULY EDITION

My periodic newsletter on all things employment law related that I think you should be aware of.
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Hello  << Test First Name >> ,
  
        Phew !     wot a scorcher !      to coin a phrase,   hottest day so far as I write this,  I hope you hadn't planned to go to Greece for your holiday.  Bit of a poor show there.         Very little of the changes to employment legislation promised in the run up to the election have materialised,  but I guess parliament has had quite a lot on its plate of late.     On more down to earth matters,  a local children's play-centre  has had to close as the electricity was cut off in a building next door.  The two play workers have lost their jobs,  how would you deal with this?    Is it "lay-off" ?    Is it redundancy?  Is it frustration of contract?  should the employees be paid in full until it reopens?        It all depends on the detail in the contract,  assuming there is one!    
              Read on for details, and, as always, call me or mail me if you have any concerns or need more information about this edition's content.

Kind regards,     Paul 
 

First The News:

Handy pocket guide to your employee

statutory entitlements 



Click image to access the PDF for a handy guide to all the various entitlements you may need to from  time to time, SSP,  Mat.Pay,  lay-off pay  etc,    current year,  most statutory payments go up each year.
 


Newsflash:   Working Time,    Travel time to

first job of the day


Does the time that workers (who are not assigned to a fixed or habitual place of work) spend travelling from home to their first customer, and from the last customer back to their homes, count as 'working time' for the purposes of the Working Time Directive? 1st journey to work is paid
            Yes, suggested Advocate General Bot in Federación de Servicios Privados del sindicato Comisiones Obreras.

According to the Advocate General, there are three aspects to 'working time': being (1) at the workplace, (2) at the disposal of the employer, (3) engaged in work duties (C-151/02 Jäger).

Read the full article on my blog read more




 

 When employees’ religious beliefs clash with gay customers’ rights:  key cases :


 

A Northern Ireland court has found that a bakery discriminated against a customer when it refused to make a cake with a slogan supporting same-sex marriage. Stephen Simpson rounds up five more examples of cases in which individuals objected to providing a service to a gay person on the basis of religious beliefs. 
 

The decision on 19 May 2015 in Lee v Ashers Baking Co Ltd and others, which has become known as the “gay cake case”, is just the latest in a line of cases examining the clash between the right to hold religious beliefs and protection against sexual orientation discrimination.
A number of the leading cases in this controversial area are employment-related. The trend has been for courts and tribunals to find that employers are entitled to take steps to ensure that services are delivered on an equal opportunities basis, even if these steps conflict with an employee’s religious beliefs.

MY Comment:   This area may become the new hot topic,   whilst not strictly employment law "per se"
it could impact on your business depending on what you do, and if your employees deal with the public.
read more on  my detailed blog


 
 
 
How much pay can an employer withhold for a day's strike by a salaried teacher on strike?

  1/260th     held the Court of Appeal in Hartley v King Edward VI College, not 1/365th.

The appeal arose from a County Court claim by three striking teachers, alleging that their employer had withheld more pay than it was entitled to in response to a day's strike. This was not a deduction from wages case as a 'deduction' presupposes an employer not paying a sum which has been earned. Here the sum was never earned, the dispute being how to calculate it.
My Comment :   Teachers arguing whether the deduction should have been 1/365th  instead of  1/260th !

"You boy,!    sit up at the back,  now, watch the board whilst I go through it!"    (Mr. Thomas, my maths master,  circa 1960 !)        OR       As my Latin master once opined  "
Quid est, tempor in apertione oris mei stultus loquitur? "   

read the full details on my blog HERE
 
Thanks to Ed McFarlane of Deminos HR for preparing this case summary


 

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Health& Safety Myths

A light hearted look at some of the idiotic things we hear.
Myth: Health and safety laws banned hanging baskets

 

The reality

Back in 2004 a town did briefly take down its hanging baskets over fears that old lamp posts would collapse. This was an overly-cautious reaction to a low risk.
However, after quick checks the hanging baskets were replaced and have been on lamp posts in the town every year since.
Despite this, the story continues to be repeated and the danger is someone will believe it is a genuine requirement and follow suit.

All park benches must be replaced because they are 3 inches too low

 

The reality

When we heard this story it really took us by surprise. How could there be health & safety law on this? The simple answer is, there isn't.
'It seems that the story originated from a decision by a facility manager and has no basis in health and safety law at all. There are no such bench height requirements and HSE will definitely not be sending our inspectors around measuring the benches!
Well, it looks like Britain's park benches will survive after all!
 

Myth: New regulations would require trapeze artists to wear hard hats

 

The reality

Despite being widely reported at the time and regularly repeated since, this story is utter nonsense. There never were any such regulations.
Hard hats do an excellent job of protecting building workers from falling debris - but they have no place on a trapeze.


 

Our grateful thanks to those people at the HSE for their help in compiling this column.
http://www.hse.gov.uk/myth/may08.htm
 

 The information contained in these pages is an HR overview and not intended to be comprehensive legal advice, always seek specific qualified advice before taking any action that could lead to litigation.   Equally, were we have provided links to external web pages, we are not responsible for the content of other sites.

Copyright © 2015 paul murray HR consultant, All rights reserved.
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paul murray HR consultant
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