June 2011 - Employment Newsletter | Davis Blank Furniss Solicitors

Welcome to June’s edition of our employment law newsletter, keeping you up to date with changes in employment law, and informing you of recent case law developments.

Proposals for Changes to Employment Law

The Government has confirmed that collective redundancy consultation periods, the TUPE Regulations, and discrimination compensation awards will all be included in its review of employment legislation to take place this year.

Government Consultation on Flexible Working

A new consultation was launched by the Government in May to consider proposed extensions to flexible working and shared parental leave amongst other issues.  The consultation will close in August 2011.  The proposals include the following:

Retaining 18 weeks’ maternity leave, with the remainder of the maternity leave being classed as ‘parental leave’ which could be taken by the mother or the father,

  • The extension of the right to request flexible working to all employees, not just those with children under the age of 17,
  • Amending the Working Time Regulations to provide that employees can carry over untaken holiday into subsequent years if they have lost the chance to take paid holiday because of sickness absence or maternity/parental leave.

Agency Workers Regulations 2010

Guidance has been issued by the Department for Business, Innovation and Skills in relation to these Regulations which come into force in October 2011.  The Regulations provide (amongst other things) that agency workers will have the same rights to pay, benefits, rest periods and holidays as permanent workers.

CASE DEVELOPMENTS IN MAY

McKie v Swindon College

The High Court in this case held that an employer could be liable to its former employee in damages for negligent misstatement when passing on information about them to a subsequent employer, extending the scope of negligent misstatement beyond an employer providing a negligent reference.

John Lewis Partnership v Charman

A Tribunal Judge’s decision has been upheld by the EAT which enabled an out of time unfair dismissal claim to proceed.  The Tribunal held that it had been reasonable for the claimant, who did not have legal representation, to wait until the outcome of his appeal before investigating how to make a claim in the Tribunal, by which time, the three month time limit had passed.  It was just and equitable ion the circumstances to allow the claim to proceed.

Dabson v David Cover & Sons

In this case which focused on redundancy, the EAT has confirmed that in making an assessment in relation to the fairness of a redundancy, the marks awarded in the selection process should not be investigated by the Tribunal as a matter of course, and should only be investigated in exceptional circumstances, such as to avoid bias.

If you require any further clarification in relation to the above developments, or if you need any other assistance then please do not hesitate to contact our team of specialist employment solicitors on 0161 832 3304:

Shiva Shadi                      Partner

Anna Bunting                   Associate

Claire Reddington            Solicitor

Testimonials

Read what our clients have to say...

View All

Excellent experience start to finish – always very responsive to any queries and the turnaround on the property I was buying was very quick, even in the busy time leading up to stamp duty deadline. Jenny was always very helpful and went above and beyond to close on a short timescale.

Ben Armitage

“Very approachable, practical solutions to problems, but most of all very responsive which I personally think is very important because if you need help, you need it quickly, or at least to know someone is looking at it for you”.

Joanne Rowe, Finance Director, Greater Manchester Chamber

“Always able to contact, very approachable, friendly and professional”

Nives Feely, JAM Recruitment

“I believe I have been able to establish a professional working relationship with everyone I have come into contact. Importantly, I sense the relationships which have been established give me the confidence that I can make contact with Davis Blank Furniss at any time and on any matter. I would also like to express my thanks to the very impressive “gatekeepers” who work in reception, not only for making me very welcome, but also for their professionalism”

Bill Pryke, CEO, Chartered Institution of Civil Engineering Surveyors

“Thank you for your efficient and friendly help throughout this process. We have had it easy but your approach has been part of that”.

Robert Amsbury (Conveyancing Client)

“I would like to take this opportunity to thank you personally for the ongoing support and assistance the firm has offered to our parents over the years. I hope also that we may be able to call on you if necessary in the future.”

Valerie Fisher (Probate Client)

“Jo always provides great service, understands our needs and delivers on her promises. Our needs are relatively simple but the complexity arises out of the volume of work and short time frames, Jo always delivers.”

Peter Fernandez, Corporate Director at Royal Bank of Scotland

“A big thank you to all who dealt with my wife’s claim… We would not hesitate to recommend Davis Blank Furniss to anyone that may be in a situation like we have been…”

Anon (Personal Injury client)

“Before putting my case in Kirsty (Morbey)’s capable hands I’ve met a couple of other solicitors. None of them listen to me as intently as Kirsty and showed me as much empathy and understanding as she did. Simultaneously she was able to look at my case from legal perspective, explain all the options and follow each of our meetings with written summary of the discussed matters (in timely manner). Her advice was invaluable and led me to successfully ending the case matter (hopeful for good). I’m forever grateful for he work and would definitely recommend her to anyone looking for reliable, knowledgeable and committed solicitor”.

Anon (Family client)
5 star service

Our Manchester office is rated 5 stars on Google