Author: Chris Cook

Work experience placements of less than one year undertaken by students are generally exempt from payments and National Minimum Wage (“NMW”).

However, there are circumstances when the individual who has been taken on as an intern will fall under the definition of a “Worker” and will be entitled to payment rights. This was the case in the recent victory of Kerri Hudson, who was taken on as an intern by TPG Web Publishing.

Kerri was expected to carry out actual work instead of just being trained and was therefore awarded £1,025 for five weeks’ work at the NMW rate plus pro rata holiday.

This is not the first case of its kind.  In 2008, Ms Vetta was also awarded payment at NMW by the Employments Tribunal, despite the fact that she was taken on by London Dreams Motions Pictures Ltd as an intern on an ‘‘expenses only’’ basis.

In 2007, the position of unpaid interns was raised as part of the consultation into the NMW.  At the time the government did not pursue further legislation but in light of recent cases it might be time to reassess that decision!

Author: Alexis Asher

Changes relating to the way in which maternity and paternity leave can be taken by employees came into force last April, with the introduction of additional paternity leave (“APL”). This will affect parents of babies due on or after 3 April 2011, and adoptive parents who are matched with a child for adoption after this date.

Here are five top tips of how employers can manage these changes:

1. Ensure that your policies on maternity and paternity leave have been updated to reflect the new entitlement.
2. Consider how you will manage the effective provision of information by employees seeking to take Additional Paternity Leave (APL), and ensure compliance with the eligibility criteria.
3. Ensure that your employees are updated on any changes to the business’ policy on family leave.
4. Decide whether you want to remove or amend any enhanced contractual entitlement to maternity/paternity allowances. Ensure you consult with employees about any proposed changes.
5. Keep in mind the necessity to consult with fathers away on APL about any proposed changes to terms and conditions and/or redundancies that may affect them in their absence.

For more information regarding the changes and APL, and what your obligations are towards employees requesting this new type of leave, please click here.

© SA LAW 2011
Every care is taken in the preparation of our articles. However, no responsibility can be accepted to any person who acts on the basis of information contained in them. You are recommended to obtain specific advice in respect of individual cases.

Author: Clare MacKay

If you think that you are having a bad day at work, spare a thought for the teacher in the recent Court of Appeal case (Vaile v Havering LBC [2011] EWCA Civ 246).

The teacher worked in a school for special needs pupils and suffered attacks on two separate occasions from a 14 year old pupil.  On the first occasion, her hand was grabbed, bitten and an attempt was made to hit her face.  A month later, the pupil stabbed the back of the teacher’s hand with a pencil, hit her left ear, grabbed her by the neck and shook her head violently.  Not surprisingly, the teacher was unable to return to work and she brought a claim against her employer, the local education authority, for negligence and for failing to provide a safe system of work.

The Court of Appeal found the local authority to be liable. It had failed to identify the pupil as suffering from an autistic spectrum disorder (ASD) and so had failed to make appropriate educational provision for him.   As a result, it had also failed to provide a safe system of work for the teachers at the school. It was notable that there had been more than one incident and the first incident had not been responded to adequately.

The lessons from this case for employers in the education sector are to:

• Have systems in place to identify whether pupils have conditions such as ASD and particularly those which can manifest in violent or unacceptable behaviour;
• Inform the teaching staff of pupils who are identified as having such conditions;
• Ensure that those teaching such pupils are properly instructed in appropriate techniques to deal with violent conduct; and
• Investigate and respond promptly to any attacks, including making changes to minimise the risk of such behaviour being repeated.

Violent outbursts cannot always be prevented.  However, taking steps to minimise the risk of such an attack occurring is part of providing a safe system of work.   This can only be a good thing for both teachers and pupils.

Author: Alexis Asher

The 10th March marked the first in a series of free ‘Employment Law Update 2011′ workshops held by SA Law’s Employment department. The workshop was held at The Law Society in London to a raptured audience of HR professionals and Line Managers.

The seminar provided an update on recent and upcoming changes to Employment law and practice, and highlighted issues that employers need to be aware of. The less formal, interactive style workshop allowed the speakers Chris Cook and Alexis Asher to really engage with the audience and focus on their needs as an employer in handling employment issues and procedures.

The topics covered included the Equality Act 2010, The Agency Regulations, Retirement, Paternity, Holidays and Unexpected absence from the workplace.

The seminar offered a clear explanation of developments in the law, and practical tips on how employers can deal with the changes to minimise the risk of problems arising amongst the workforce.

To watch YouTube videos of the workshop, please click here.

These free Employment Law Update seminars will be running throughout March. There are a few places available for 29th March. Further details and bookings can be made by clicking here.

Alternatively, should you require any further information regarding this seminar and future events, please contact Victoria Thomson on 01727 798 076.


Author: Keely Rushmore & Stuart Sproule

From April 2011 paternity leave rights will change to allow employees the right to take up to six months’ paternity leave in addition to their existing two week entitlement.

To read the full article, click here.

Author: Alexis Asher

The Government has announced proposals to reform the Employment Tribunal system. The aim of the changes is to ease the strain on small and growing businesses, to avoid them facing costly, and sometimes vexatious claims being brought to the Tribunal. Business Secretary, Vince Cable, also believes the reforms will reduce the financial burden on the Employment Tribunal itself.

The main proposal is to increase the qualifying period of service which an employee must attain to be eligible to bring a claim of unfair dismissal before a Tribunal. Currently, an employee must have at least one year’s continuous employment to be eligible (subject to certain exceptions). The Government propose extending this to two years.

Other plans under consideration include:-
1.    the introduction of a fee for bringing a claim in the Tribunal where currently there is no charge;
2.    proposals for unfair dismissal cases to be heard by a single Employment Judge, rather than the current three-person panel system and;
3.    the referral of all unfair dismissal cases to ACAS (the conciliation service) for compulsory settlement negotiations prior to the matter being referred to the Tribunal.

The proposals have proved controversial resulting in a range of business and trade union organisations voicing their views on the reforms.

The implications of reducing protection for employees by way of eligibility to claim could result in a reduction of Tribunal claims being brought. However, it may simply produce a short-term cut, where claims are in reality postponed for a further year and therefore give a misleading view of Tribunal activity.

Whilst the reforms aim to encourage small businesses to recruit more easily without fear of vexatious claims being made, the proposals could in fact lead to employees bringing ill-conceived claims for discrimination or whistle-blowing (which require no period of qualifying service) and pose potentially greater challenges to employers.

Critics of the proposals see the reforms as an erosion of employees’ rights, giving employers the ability to recruit and dismiss with greater freedom and without fear of claims.

It remains to be seen how the reforms will ultimately be introduced. In the meantime, the Government need to give careful consideration to whether enactment of the changes will actually have the desired effect upon the UK economy and workforce.

Author: Alexis Asher

Nick Clegg has today outlined plans to introduce a reformed system of parental leave to be in place by 2015.

Following proposals by the previous Government, certain changes are already coming into force in April of this year, which mean that a father will be able to take up the balance of his partner’s maternity leave, in the event that the mother returns to work without having taken a full year of her maternity leave. The father will be able to take up to a maximum of six months.

The current Government do not believe these changes are going far enough, and want to introduce a new scheme of flexible shared parental leave by 2015. Consultation is to begin in the next month.

The proposals to be considered include amongst others, allowing fathers to take over a mother’s leave after six weeks so she can return to work early in her period of maternity leave, and allowing parents to choose when to take portions of their leave, rather than having to use it in one go.

The Government believe that the new scheme will introduce a more modern system which recognises that it is not always the mother who wants to stay at home following the birth of a child. Nick Clegg has also emphasised the importance of a father’s role in a child’s life, and believes it is unfair of the current system to deny men the opportunity of spending a lengthy period of time with their children.

However, critics are concerned that the proposals will cause chaos for companies, who will be confused as to their obligations. There is also the risk that the changes will impact upon the recruitment practices of companies, who may fear employing, not only women, but any person, who is likely to be starting a family. This could in turn increase the likelihood of litigation, resulting in claims of age discrimination. In the current economic climate, many believe the Government are taking a huge risk in tampering with an already complex area of employment legislation.

Should you require any specific advice on matters raised in this blog, please contact the Employment Team at SA Law on 01727 798000

Author: Alexis Asher

The Government is being encouraged by the Chartered Institute of Personnel and Development (CIPD) to introduce a training wage for interns who work for three months or more, at a rate of £2.50 per hour.

To read more about how the proposed changes can affect business, click here to read the full article by Alexis Asher on the SA Law website.

Author: Alexis Asher

Government plans to abolish the default retirement age (DRA) in October 2011 have sparked controversy amongst UK business organisations.

The Confederation of British Industry (CBI) has called for the Government to delay its plans to abolish the DRA. The CBI believe that there is not enough legislation in place for employers to understand how to carry out retirement fairly once the changes come into force.

The CBI have commented on the contradiction posed by the plans to abolish the DRA. On the one hand, employers understand that employees want to work for longer periods of time to cover shortfalls in their pension. They also appreciate that older workers bring experience and loyalty that may not be so apparent in younger workers. However, in reality working beyond the age of 65 is not always going to be possible, particularly in jobs involving physical demands not suitable for older workers.

The CBI believe that the Government should halt the current plans, until such time as clearer legislation is put in place.

The Director General of Saga, Ros Altmann has responded to the comments made by the CBI to say that Saga believe the DRA should be abolished “without delay.” She believes that if the Government’s proposals are not carried out as planned it will have a negative impact on the economy as a whole since older individuals will continue to be served with notice of retirement at the age of 65, and have significantly less money as a result.

The debate will no doubt continue, until such time as the transitional arrangements come into play in April 2011.

Related retirement blog entries: New Government: New plans for Retirement

Should you seek advice on retirement, please do not hesitate to contact the Employment Team at SA Law on  01727 798000

Author: Alexis Asher

From 1 February 2011, there will be an increase in the annual compensation limits within Employment law as a result of the Employment Rights (Increase of Limits) Order 2010.

To read more about the  changes, click here to be directed to the article on the SA Law website.

Should you require any specific advice on Tribunal matters, please contact the Employment Team at SA Law on 01727 798000.