Date 24 June 2011
In this edition of the Employment Stay Alert! -
- We give an update on the abolition of the Default Retirement Age ("DRA")
- Chris Cook discusses the introduction of flexible working practices for fathers
- Intern or worker? We discuss whether interns have the right to pay.
- We give you tips on how to incorporate social media effectively for your business
- With the Bribery Act coming into force in July, Chris Wilks explains what this means for businesses and how it affects them
- Meet solicitor Keely Rushmore in our new regular question and answer session
If you have any questions or comments on any of the articles in this Stay Alert! please email me or call your usual SA Law contact. Please also feel free to forward this Stay Alert! to any of your colleagues that may be interested.
Until next time,
Kind Regards,
Chris Cook
Senior Associate
Employment Department
The abolition of the Default Retirement Age ("DRA") - an update
The long-anticipated abolition of the DRA will take effect on 1 October 2011. Employers have now passed the last date upon which they could retire employees under the old statutory regime (which was 5 April 2011). However, employers who have already started a retirement process under the current statutory procedure need to follow the former regulations thoroughly to ensure any dismissal is carried out fairly.
Although we are now in the transitional period awaiting the abolition of the DRA, employers who have commenced a procedure under the former regime need to follow this through correctly. In the recent case of Bailey –v- R&R Plant (Peterborough) Ltd, an employer failed to properly inform the employee that any request he made to continue working after notice of retirement was served, had to be in writing and state it was made under Paragraph 5 of Schedule 6 to the Employment Equality Age Regulations (2006) (now repealed). The employer’s failure to correctly specify this meant the dismissal was found by the Employment Appeal Tribunal to be unfair.
Whilst employers are preparing for the new retirement regime, it is important not to neglect any procedure that has already been started. There is still a risk of successful employee claims being brought in respect of the former statutory regime.
Flexible Working Practices Lead to Happier Fathers
Click here to read Chris Cook's article regarding the new changes to paternity leave that was published by Real Business.A warm welcome back for our latest edition of the Employment Stay Alert!
Intern or Worker?
A recent case has clarified the distinction between interns and workers. Generally, work experience placements of less than one year undertaken by students will be exempt from payments and National Minimum Wage (“NMW”). However, there are circumstances where an individual taken on as an intern may fall within the definition of a “worker” and become entitled to payment.
Chris Cook explains a recent case, click here to read more.
Social Media
Businesses are increasing their use of social media websites for the purpose of networking and marketing and encouraging their employees to make use of these online tools to increase their number of professional contacts. However employers should be cautious when allowing their employees free reign of such mediums. Below are 5 top tips on how to ensure you do not run into problems when letting your employees loose online:-
1. Have training sessions to teach your employees how to use the sites effectively.
2. Put in place a clear company marketing strategy so that employees know the type of message that the business wants to communicate.
3. Have policies in place which stipulate how and when employees are expected and permitted to use the websites.
4. Update your disciplinary policies to cover misuse of any social media websites as a potential misconduct offence, whether this is based on the content released by employees, excessive use and other potential problems.
5. Update your bullying and harassment policies to include any inappropriate usage of social media sites.
To view our Youtube videos of our recent Social Media seminar, click here.
Protecting Your Reputation - The Bribery Act
New laws will come into effect on July 1st 2011 for the Bribery Act.
Chris Wilks explains what these new laws means for businesses and how this affects them in the following article published on www.freshbusinessthinking.com.
Click here to read the full article on the Fresh Business Thinking Website
Meet the Team - Keely Rushmore
In this issue of the Employment Stay Alert! we introduce you to solicitor Keely Rushmore.
Click here to view Keely's questionnaire.
Save the Date - HR Hot Topics Seminar
SA Law is hosting free interactive workshops designed to equip you with the essential knowledge of how to efficiently respond to recent and forthcoming employment law developments, and the HR issues surrounding them.
The workshop will provide practical advice on paternity leave, retirement and social media.
Benefits of attending:
• Delegates will be able to easily identify which policies and procedures require immediate review/amendment
• Understand the practical implications of employment law on day-to-day business operations
• Comprehensive workshop notes and related articles
Where
SA Law
60 London Road
St Albans
Hertfordshire
AL1 1NG
Session one:
Date: 6th July 2011
Time: 4.30pm – 6.00pm
Session two:
Date: 13th July 2011
Time: 4.30pm – 6.00pm
Session three:
Date: 20th July 2011
Time: 4.30pm – 6.00pm
Click here for more information and to book your place.