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May 2013 Employment Law Newsletter

09-05-2013

If you would like to discuss any employment issues please contact Julie Taylor on 01635 508181

1.    The Queen’s Speech

With all the changes already set in motion for employment law there are only a few points to highlight from an employment law perspective arising out of the Queen’s Speech earlier this month setting out the Government’s plans. These include the following proposals:-

2.   EQUAL PAY: An LLP was a ‘company’ for equal pay purposes

The Employment Appeal Tribunal has determined that a limited liability partnership (“LLP”) is a ‘company’ for purposes of equal pay comparison.
This meant that the employees who had, in this case, transferred under TUPE from a council to an LLP could compare their pay with male employees who remained at the council as an ‘associated employer’ for equal pay purposes.

This is a reminder that employers should assess the risk of equal pay claims where staff are acquired as a result of a TUPE transfer, obtain full details and clarifying any implications with specific legal advice.

3.    GUIDANCE: New step by step guides for small businesses

ACAS has published a set of guides aimed at helping small businesses when they start employing staff. The guides cover recruitment, settling in new employees, the employee’s contract, managing complaints, managing absence and how to get the best out of staff. Copies of the guides can be found here.

There is also a guide for managing discipline, click here for more information.

And, the Department for Business Innovation & Skills has published an updated toolkit to help start-up businesses when recruiting their first employees, which includes information on pay, rights to work in the UK, insurance, contracts of employment and tax requirements. See the guidance here.

4.   GUIDANCE: Collective redundancies

ACAS has also published guidance on how to manage collective redundancies (where 20 or more redundancies are proposed within a 90 day period) – see the guidance here.

5.  Obesity & Disability

The Employment Appeal Tribunal has found, overturning an employment tribunal decision, that an obese employee who suffered from a number of symptoms was disabled under the discrimination legislation. It was noted that obesity in itself does not automatically amount to a impairment for disability discrimination purposes, but the fact that someone is obese may make it more likely a tribunal will decide that they do have a disability. Employers need to remember that when the question of disability arises, it is important to consider  the effect of the impairment, not how it is caused.

Please note that these comments are intended to summarise some of the employment issues of the moment, not to provide detailed legal advice, so if you need assistance with any employment issues you may have please contact Julie Taylor on: 01635 508181 or  [email protected]
Follow Julie on Twitter: @JulieT_GL


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