Employment Law Update: July 2011

Your Employment Law Update – July 2011.  Courtesy of: Lightbulb HR                                           

2012 Bank holiday for Diamond Jubilee announced

Tuesday 5 June 2012 will be a bank holiday, to commemorate the Queen’s Diamond Jubilee. The late May bank holiday will be moved to Monday 4 June, to allow for a four-day weekend of celebrations.

 

Refusal to allow Muslim security guard time off to attend mosque was objectively justified

In Cherfi v G4S Security Services Ltd, the EAT has upheld a Tribunal’s decision that an employer’s refusal to allow a security guard to leave a client’s site on Friday lunchtimes to attend mosque did not amount to indirect religious discrimination. Balancing the employer’s operational needs with the discriminatory effect on the employee, the Tribunal was entitled to find that the requirement for security guards to remain on site was objectively justified as a proportionate means of achieving a legitimate aim.

 

In the EAT’s view, the employer’s justification argument in this case was not based solely on cost considerations. However, if it had been, the EAT would have “taken as correct” the view expressed in an earlier case that cost alone might justify an ostensibly discriminatory policy as long as the policy is proportionate. Among other things, the Tribunal had noted that there was a prayer room on site and that Mr Cherfi had been offered alternative work patterns which would have enabled him to attend mosque. Having carried out the necessary balancing act, the Tribunal was entitled to conclude that G4S’s requirement was objectively justified.

 

Employee remanded in custody was not entitled to wages (EAT)

In Burns v Santander UK plc, the EAT has upheld a Tribunal’s decision that an employee remanded in custody pending a criminal trial (which led to conviction) was not “unavoidably” prevented from working and was not entitled to his wages.

Government consults on major changes to parental leave rights

The Govt has launched a consultation on proposals to revise parental leave and several other areas of employment law:

 New fathers would be allowed six weeks paid parental leave.

• • Under the new proposals the first 18 weeks of the maternity leave period will remain available solely to the mother. The remaining weeks will then be reclassified as “parental leave”. The proposal is that the second period of leave, the “parental leave” period, can be taken by either the mother, father or split between both. The proposal is that 4 weeks of this “parental leave” period will be allowed exclusively to the father, 4 weeks exclusively to the mother, with the balance being capable of being divided between them.

 

• Extending the limit on taking unpaid parental leave past the child’s fifth birthday, and the possibility of giving fathers the right to take unpaid leave to attend ante-natal appointments.
  • The right to request flexible working arrangements be extended to cover nearly all employees. The service requirement would be 26 consecutive weeks of employment.
  • The possibility of carrying over from one holiday year to the next where the employee has lost holiday due to sickness absence, maternity or parental leave.

When does the clock start ticking on notice?

The Employment Appeal Tribunal has held that unless a contract provides otherwise, contractual notice, whether oral or written, runs from the day after notice is given. Once given, notice cannot be shortened without agreement.

 

The Bribery Act came into force on 1^stJuly 2011

This makes it a criminal offence for an individual or organisation to offer or receive a bribe to bring about or reward the improper performance of a function or activity. Organisations should:

 

·         have prevention policies to cover whistle blowing procedures, rules on gifts, hospitality and promotional spend.

·         Review disciplinary and grievance procedures, ethics and conduct codes and consider amending contracts for those in high temptation roles.

·         Consider training around what constitutes bribery, areas of risk, polices etc.

 

Question of the month:I am the only HR person in my organisation. How can I ensure fairness in a disciplinary process if I am a witness, adviser and involved in the disciplinary meeting too!?

The key is to be acting consistently and professionally, following your own company rules and policies or the ACAS guide to discipline and grievance at work. Ultimately the employee may question your involvement if you were also a witness to the alleged incident but if there is no way around your having to be involved at every stage then following rules to the letter will help if it ends in a tribunal claim.

 

 

This employment update is provided by Lightbulb HR for general information only and should not be applied to specific circumstances without advice.

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