Articles in April by emplaw online
Election promises of 8 parties. We summarise their manifestos on employment law
Small Business, Enterprise and Employment Act 2015. Zero hours, whistleblowing and more - what to prepare for
April legislative changes. Summary in last month's newsletter
Employment Law News
30th April 2015 - the ECJ has given its judgement on the meaning of 'establishment'.
The Court in USDAW v WW Realisation 1 Ltd (in liquidation) and anor (Case C-80/14) has held 'Article 1(1)(a)(ii) of Directive 98/59 must be interpreted as not precluding national legislation that lays down an obligation to inform and consult workers in the event of the dismissal, within a period of 90 days, of at least 20 workers from a particular establishment of an undertaking, and not where the aggregate number of dismissals across all of the establishments or across some of the establishments of an undertaking over the same period reaches or exceeds the threshold of 20 workers'. See also Definitions/establishment
Adoption leave and pay: technical guidance
BIS has published technical guidance for employers on adoption leave and pay to assist in understanding the changes that came into force on 5 April 2015. To recap, adopters are now entitled to similar rights to birth parents and adoption is now a ‘day 1’ right although there is a 26 week qualifying service for adoption pay. New groups of parents now qualify for adoption leave and pay. These include dual approved prospective adopters who have a child placed with them under section 22C of the Children act 1989 with a view to adoption. It also includes the intended parents in a surrogacy arrangement (‘Parental Order’ parents). New groups of parents also qualify for paternity leave and pay: the partner of the dual approved adopter; and one of the parental Order parents.
Further, eligible employees and agency workers with 12 weeks’ service are now entitled to take time off work to attend up to 5 adoption meetings. Parental Order parents are now entitled to take time off to attend antenatal appointments.
Finally, adopters and their partners and Parental Order parents may be eligible for shared parental leave and pay.
Pay and Work Rights Helpline
Advice and guidance services currently provided by the Pay and Work rights Helpline has transferred to Acas. The Acas helpline, in addition to its usual services, now answers queries on the National Minimum Wage; working for an employment agency; working hours, rest breaks and holidays; agricultural workers’ rights; and working for a gangmaster.
UNISON appeal proceeds
UNISON has been granted leave to appeal against the decision of the High Court to dismiss its judicial review challenge to the introduction of employment tribunal fees.
Online tool to increase pay transparency
The Department for Business, Innovation and Skills has announced plans to launch an online tool to make it easier to find out how much people are paid in different occupations, sectors and regions across the UK. The aim is that increased transparency will see the wages of people on low pay increase.
Case Summaries