Additional Paternity Leave for New Fathers: 2011-01-19

The Coalition Government has announced that the Additional Paternity Leave Regulations 2010 will be introduced according to the timetable proposed by the previous Government. The Regulations will allow new parents greater flexibility as to how they make use of the statutory period of maternity leave.

Currently, fathers who are employees are entitled to two weeks’ paternity leave,...
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Asbestos – Who is to Blame?: 2011-01-19

The Court of Appeal has handed down its judgment in an important test case concerning compensation for people who develop mesothelioma as a result of exposure to asbestos in the workplace. The decision will not only have serious implications for victims of the disease but will also create uncertainty for everyone involved in such cases.

When bringing any action for damages, the first...
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Family Friendly Working – The Next Steps: 2011-01-19

The Coalition Government has announced its intention to bring forward proposals to create more flexible, family friendly workplaces. As a first step, from April 2011 the right to request flexible working will be extended to parents of children under the age of 18. At present, this right is available to parents of children aged under 17, parents of disabled children under 18 and carers of...
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Former Partner Not Entitled to Share of Business Property: 2011-01-19

A woman has failed in a £680,000 High Court bid for half the proceeds of the sale of a business she helped to run, following the breakdown of a partnership. The claimant valued the business at £1.36 million and claimed 50 per cent of that valuation.

Her former partner, Trevor Miller, was the owner of The Old Rectory in Sprotborough, Doncaster, a building of historic...
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Garden Leave and the Right to Work: 2011-01-19

‘Garden leave’ is used to describe the situation in which an employee who has resigned or been dismissed is required to serve out their notice period at home, rather than reporting for work. During this time, the employee continues to receive their normal salary and benefits and is barred from working for a new employer.

Normally, garden leave is used as a protective...
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National Insurance Holiday: 2011-01-19

HM Revenue and Customs have now published a Technical Note confirming the terms that apply to the National Insurance (NI) ‘holiday’ for new businesses, introduced on 6 September 2010.

For the NI holiday to apply, the new business has to have been started after 22 June 2010 (Budget Day) and by 5 September 2013. Certain types of employment (e.g. nannies) do not qualify, nor...
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Government Report on Cutting Health and Safety Burden: 2011-01-19

The Government has published a review on the current state of health and safety legislation in the UK, entitled Common Sense – Common Safety.

The report identifies numerous factors that currently combine to create an adverse climate for what it considers to be the proper application of health and safety, and sets out recommendations to free businesses from unnecessary...
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Minimum Wage Cheats to be Publicly Named: 2011-01-19

The Government has acted on a recommendation made in the Low Pay Commission’s 2009 report that information on employers who have shown a wilful disregard for the National Minimum Wage (NMW) laws should be made available to the public. 

As from 1 January 2011, this information is now published by the Department for Business, Innovation and Skills (BIS). It is hoped that the...
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Redundancy Consultation – Getting it right: 2011-01-19

The Employment Appeal Tribunal (EAT) has ruled (Pinewood Repro Ltd. v Page) that for consultation during a redundancy selection process to be fair, an employee should be provided with sufficient information in order to be able to challenge his or her selection for redundancy.

Mr Page had worked as an estimator for Pinewood Repro Ltd., a printing business, for 23 years. The company...
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Serial Employment Law Litigants: 2011-01-19

The Employment Appeal Tribunal (EAT) has dismissed four appeals by a man who brought claims of unlawful discrimination under the Employment Equality (Age) Regulations 2006, based on the terminology used in job advertisements (Berry v Recruitment Revolution and others). The claims had been either struck out or dismissed by the Employment Tribunal, which also refused an application for a...
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