CIPP Comment
Are your employees contractual terms and conditions up to date and do they reflect any changes in role or any promotion, legislation or your changing business needs? It is important for employers to make sure existing contracts are up to date and ensure that existing employees have signed and returned their contracts to avoid any dispute about their contractual terms.
Visit Acas for further guidance and help.
EUROPEAN COURT TO RULE WHETHER PART-TIME WORK IS A DISABILITY
23 October 2012
An employee is arguing that the inability to work full-time counts as a disability. The European Court is set to review whether an inability to work full-time could be a disability, as it scrutinises the interpretation of disability under European law.
The definition has not been reviewed since 2006, when the court clarified that sickness is not disability for the purposes of employment law.
However, a Danish case due to be heard by the court this week seems set to challenge many fundamental and long-held perceptions as to the meaning of disability, not to mention established case law. The case concerns a Danish lady who has a slipped disc and consequential back problems. She asked to work part-time but this was not accommodated by her employer and her employment was eventually terminated on grounds of poor attendance and performance in accordance with Danish law
Read the full story from People Management
FORMER WORKERS NOW HAVE SIX YEARS TO SUBMIT EQUAL PAY COMPENSATION CLAIMS
1 November 2012
Can an employee bring an equal pay claim in the civil courts rather than the employment tribunal, even if that means them circumventing the time limit for bringing tribunal proceedings?
Yes, says the Supreme Court in Birmingham City Council v Abdulla .
Daniel Barnett’s Employment Law Bulletin reports:
Birmingham sought to have the claims struck out under section 2(3) of the Equal Pay Act, which allows cases to be struck out where the court considers that the claims "could more conveniently be disposed of separately by an employment tribunal". This would have had the effect of ending the claims, which were out of time for a tribunal. Lord Wilson, with Lady Hale and Lord Reed, decided that since the effect of striking the cases out would mean that the claims died then it could not be said that the claims could be "more conveniently disposed of" in a tribunal. Parliament had allowed these claims to be brought in the civil courts as well as in the tribunal and so must have accepted that the normal six year time limit could apply to them. Lord Sumption and Lord Carnwath dissented, on the basis that such an approach would frustrate the policy underlying the limitation provisions of the Equal Pay Act.
CIPP Policy News Journal
12/04/2013, Page 64 of 362
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