Daniel Barnett's Latest - October 5th
Daniel Barnett's Latest News
I'm delighted to let you know about two further seminars I'm
speaking at next week: one for Londoners, one for the world!
11th October 2006, 6.30pm
Staples Inn Hall
High Holborn, London WC1
"Absence and the Contract of Employment"
Speakers: David Barr, Daniel Barnett, Angus Edwards
http://danielbarnett.c.topica.com/maafdukabtJgxcfLnqtb/
12th October 2006
10.00am
Live internet video seminar
Participate from your desk
"Fraudulent and Exaggerated Claims"
Speakers: Daniel Barnett, Tim Kevan, Dr David Gill
http://danielbarnett.c.topica.com/maafdukabtJgycfLnqtb/
The following case summaries are provided courtesy of Daniel Barnett:
Equal Pay3 October 2006
The ECJ has, today, handed down its decision in Cadman v Health &
Safety Executive (see bulletin 18/10/04 for more information on
the reference to the ECJ).
Departing from the Advocate-General's opinion, the ECJ held that
it is not necessary for an employer to provide objective
justification for pay disparities which arise as the result of
'length of service' criteria. The two key points from the
judgment are:
* "since, as a general rule, recourse to the criterion of length
of service is appropriate to attain the legitimate objective of
rewarding experience acquired which enables the worker to perform
his duties better, the employer does not have to establish
specifically that recourse to that criterion is appropriate to
attain that objective as regards a particular job, unless the
worker provides evidence capable of raising serious doubts in
that regard"
* "where a job classification system based on an evaluation of
the work to be carried out is used in determining pay, there is
no need to show that an individual worker has acquired experience
during the relevant period which has enabled him to perform his
duties better."
The case will now (October 2006) go back to the Court of Appeal
to decide whether the points raised on behalf of Mrs. Cadman
amount to "serious doubts" as to whether it was "appropriate" for
the HSE to use of length of service in setting pay levels
designed "to attain the legitimate objective of rewarding
experience acquired which enables the worker to perform his
duties better".
With thanks to www.emplaw.co.uk for allowing me to reproduce
their case summary
Cadman v Health & Safety Executive
ECJ Judgment
It's all happening Sunday...
27 September 2006
Sunday, 1st October 2006 sees new employment legislation come
into force. Here are the highlights...
Age Discrimination
Yup, we must have all missed that one. Full details here.
New Rights for Mums
Expectant women who are less than three months pregnant as on 1st
October get various new rights with effect from 1st April 2007.
Key points include six months' ordinary maternity leave, six
months' additional maternity leave - irrespective of length of
service. Also, employers can make 'reasonable' contact with women
on maternity leave, without fear of being sued for constructive
dismissal, sex discrimination and everything else under the sun.
Likewise, women can do some work whilst on maternity leave
without losing their entitlement to SMP. Importantly, those
returning early from maternity leave will need to give eight
weeks' notice (previously 28 days). Full details here.
Gangmasters
It becomes a criminal offence for gangmasters to operate without
a license. Frankly, I wouldn't know what an unlicensed gangmaster
looked like if he kicked me in the teeth (which he probably
would!).
Minimum Wage
Increases to £5.35 for those aged 22+, £4.45ph for 18-21 year
olds, and £3.30ph for 16 and 17 year olds. Oh yes, and 25p ph for
lawyers doing criminal legal aid. Details here.
Collective Redundancies
Section 193 of TULR(C)A 1992 is amended to provide that notice of
redundancy must be given to the DTI at least 30 days before
giving notice to terminate an employee's contract of employment
(rather than before the actual dismissal date). Sounds like Junk
to me (think about it!).
Take a look at the following items from Daniel Barnett, barrister
(http://www.danielbarnett.co.uk):
Law Society Handbook on Employment Law
by Daniel Barnett and Henry Scrope
Third edition just published
£49.95
Click here for more details
http://www.danielbarnett.co.uk/publications_lawsoc.htm
To subscribe to Daniel's Newswire, go to his smart new site:
http://www.danielbarnett.co.uk/bulletins.htm
Daniel Barnett Archive Now Available
By arrangement with emplaw, an archive for Daniel's bulletins is
now available: http://www.emplaw.co.uk
"Age Discrimination" - yet another useful publication from Daniel
Barnett.
Second Edition - Published 3 May 2006
* 170 pages of commentary and analysis on the Employment Equality
(Age) Regulations 2006
* highlighting practical difficulties for employers and legal
advisors
* sets out arguments on both sides when the Regulations are
unclear
Click here to see a sample and for more information:
http://www.danielbarnett.co.uk/age_analysis.htm
Hear audio testimonials or view some sample pages:
http://www.danielbarnett.co.uk/age_analysis_testimonials.htm