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Legal Updates: Legal Updates 2009

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The HRDirector Legal Updates

Tribunal Statistics Published

 After a six month delay, statistics for the Employment Tribunal Service have been published by the Ministry of Justice. The figures for the period 1 April 2007 to 31 March 2008 show that 189,303 claims were accepted, which represents a 43 per cent rise on the 2006/07 figure of 132,57. Equal pay accounted for the highest number of claims.

Article by: | Published: 25 March 2009

The HRDirector Legal Updates

NICE guidance for managing staff on sick leave

 NICE, the National Institute for Health and Clinical Excellence, has published guidance for the management of long-term sickness absence and incapacity. The information aims to ensure the right support is available to help employees on sickness absence return to work as soon as they are able and sets out key recommendations for an integrated approach to sickness management.

Article by: | Published: 25 March 2009

The HRDirector Legal Updates

Work pressures lead to high level of ‘computer rage’

Swearing and shouting at the computer, hitting the keyboard and smashing the mouse have become everyday expressions of anger and stress relief for more than half of computer users, according to research conducted in the workplace and presented at the British Psychological Society Annual Conference.

Article by: | Published: 25 March 2009

The HRDirector Legal Updates

Acas Code to trigger notification of disciplinary and grievance procedures

 The Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2009 will now require a transferor to notify the transferee about any disciplinary or grievance procedures taken in the previous two years which are covered by the revised Acas Code of Practice in respect of the jurisdictions in Schedule 2 of the Trade Unions and Labour Relations (Consolidation) Act 1992.

Article by: | Published: 25 March 2009

The HRDirector Legal Updates

Resorting to mediation does not mean disciplinary process cannot resume

With the revised Acas Code promoting mediation as best employment practice, the EAT have made a timely judgment in Mental Health NHS Trust v Sarkar. An attempt to resolve misconduct issues by mediation did not make a dismissal unfair. Although mediation was tried during disciplinary proceedings, that did not prevent the disciplinary route resuming once mediation had failed.

Article by: | Published: 25 March 2009

The HRDirector Legal Updates

Tough new measures to protect the vulnerable

Strong safeguards to protect children and vulnerable adults have been set out in greater detail by the Government ahead of the launch of the vetting and barring scheme (VBS) later this year. The scheme begins on 12 October 2009 and is part of the Government's strategy to increase the protection for vulnerable groups

Article by: | Published: 25 March 2009

The HRDirector Legal Updates

Conciliation talks on working time amendments unsuccessful

 The latest round of ‘conciliation’ talks between the European Council of Ministers, the European Parliament and the European Commission aimed at reaching an agreement on proposals to amend the Working Time Directive have failed. The principal areas of disagreement are over the future of the working time opt-out and the definition of on-call time.

Article by: | Published: 3 March 2009