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Inside the latest issue... cover image

theHRDIRECTOR Issue 65
This issue we speak to
Richard Boon
Head of HR, England 2018

FEATURES

Special Report
Pensions
Reward
Lean working
HR Software

FEATURING

Skanska
Somerfield
Bourton Group
CIPD
Accenture

Legal Updates

Our Legal Updates are supplied by theHRDIRECTOR Editorial Panellist, Makbool Javaid, partner, Simons Muirhead & Burton. They comprise Employment Law and Diversity Briefings, both of which provide the latest information for senior HR practitioners.

Below is a snapshot of this month's Legal update, to read the full artcle please click the relevant paragraph...

Employment Law Briefing:

RPI-linked compensation limits to fall in 2010
The Government have published revised tribunal compensation limits applicable where the relevant calculation date falls on or after 1 February 2010
Temporary Agency Worker Regulations laid before Parliament
The draft Agency Workers Regulations have been laid before Parliament and, subject to approval, will come into force on 1 October 2011.
Guidance on duty to consider study and training requests
The BIS has published guidance for employees, and separate guidance for employers, on the new right for employees to request time off for study or training ('time to train') which comes into force on 6 April 2010 for employers with 250 or more employees.
Whistleblowing claims to be sent to regulators
Details about provisions allowing tribunals to send copies of whistleblowing claims to regulators from 6 April 2010 have been published
Justifiable monitoring is not a breach of contract
The EAT rule that justifiable monitoring of an employee to ensure compliance with procedures is a legitimate instruction, not a breach of contract.
Freestanding right to be legally represented at hearing
The Court of Appeal hold that a fair trial requires legal representation at a disciplinary hearing where a person's future career is threatened.

Diversity Update:

Amendment will allow caste discrimination to be outlawed
An amendment to the Equality Bill allows for caste discrimination to be outlawed and the EHRC issues a timeline for the Bill's implementation.
Women on boards: public want quicker pace of change
Companies may be required to report on progress to get more women into the boardroom under Government Equalities Office proposals.
European Commission aims to reduce gender pay gap
The EU Commission plans to use a series of measures aimed at significantly reducing the 18% pay gap between men and women in Europe.
Belief in Marxism/Trotskyism not protected by Regulations
A belief in Marxism/Trotskyism does not constitute a philosophical belief under the Employment Equality (Religion or Belief) Regulations 2003.
Adjustment must remove disadvantage in the first place
Whether an adjustment is reasonable is not relevant if the adjustment would not remove the substantial disadvantage to a disabled employee.
No age discrimination where applicant has no interest in job
Where a claimant did not genuinely want the jobs she applied for, she did not suffer age discrimination when her application swere rejected.