The regulations, which are set to come in to force from 6 April 2013, will look to reduce the consultation period from 90 to 45 days in situations where more than 100 employees are being made redundant.
The Trade Union and Labour Relations (consolidation) Act 1992 (Amendment) Order 2013 also cover the inclusion of fixed-term workers within the 100 + headcount.
PENSIONS PAYMENTS FOR PART-TIME JUDGES
12 February 2013
The Supreme Court has recently ruled on the question – are part-time judges entitled to a judicial pension on their retirement?
As reported in Daniel Barnett’s Employment Law Bulletin
Yes they are, says the Supreme Court, in the long-running battle of O’Brien v Ministry of Justice .
Mr O'Brien sat as a recorder for 27 years. On his retirement he argued that he was entitled to receive a judicial pension for his work as a recorder pro rata temporis. The Ministry of Justice contended that recorders were 'office holders' and not workers, and thus did not come within the Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, which provide that a part-time worker should not be treated less favourably than a full-time colleague. When the case reached the Supreme Court, following a reference to the CJEU , there were two issues to be decided: (1) whether the relationship between the MoJ and judges is substantially different from that between employers and workers (the worker issue); and (2) whether the difference in treatment of recorders as compared to full-time or salaried judges is justified by objective reasons (the objective justification issue). The Supreme Court ruled that recorders were 'workers', because they are effectively under the control of another whilst working in that capacity. There was no objective justification for the different treatment between part-time and full-time judges, because that would amount to blanket discrimination and undermine the principles of the European legislation. Although the MoJ argued that paying pensions to part-time workers would reduce the pension pot available for full-time judges, the Supreme Court stated clearly that the principle of equal treatment cannot take into account that a worker's pension is to be paid from State funds.
SETTLMENTS AGREEMENT CODE - ACAS LAUNCH CONSULTATION
13 February 2013
A consultation has been launched on the Draft Acas Code of Practice on settlement agreements.
This Statutory code of practice will be used to underpin the legislation which is currently being proposed by government, which aims to make offers of settlement in relation to termination of employment inadmissible in unfair dismissal employment tribunal cases.
The Consultation closes on 9 April 2013.
EQUALITY AND HUMAN RIGHTS COMMISSION ISSUE NEW GUIDANCE
CIPP Policy News Journal
12/04/2013, Page 329 of 362
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