Events coming up over the summer

Parental rights and the rights of carers - a refresher Masterclass - Thursday 27th May 2010

Data Protection in the HR context - Thursday 1st July 2010

Please contact pa@mdjlaw.co.uk for more information and to book - spaces are filling up very quickly.

April 2010 updates

Statutory Maternity Pay, Statutory Paternity Pay, Statutory Adoptive Pay have all increased from £123.06 a week to £124.88 but Statutory Sick Pay stays the same at £79.15 a week.

HR in Challenging Times

Morgan Denton Jones are proud to be one of the sponsors of this conference being organised by the South East Wales Branch of the Chartered Institute for Personnel Development. This conference is taking place on Friday 23rd October 2009 at the Business Centre, University of Glamorgan, Treforest and will take place between 9.30 am and 4.30 pm.



For further information please contact adenton@mdjlaw.co.uk

Wednesday 23 September

Anna Denton-Jones spoke at an event organised by Bridgend County Borough Council as part of their programme of events supporting local businesses. Over 35 attendees from medium and large organisations attended to hear Anna speak, alongside Lesley-Anne Beale of Development Works HRDA HR Training and Management Devlopment Consultancy. As ever, delegates had plenty of stories to share regarding the difficulties they face managing absence. The session focussed on the tools employers can use in this regard.

Tuesday 22 September - Revitalise your Business Event

Anna Denton-Jones was invited to speak at this well attended conference held in Barry, Vale of Glamorgan, as a result of work she had done with the Vale Business Club and was organised bt the local Council to provide business support to businesses in this difficult climate. Anna's session was entitled 'Managing the Difficult Employee' and led to a lively debate, including members of the audience who felt that employees who failed to disclose medical conditions to their employer, when they commenced employment should not be able to bring claims against the employer in the future. We had a discussion regarding the recent Court case law affecting Cheltenham Council and their failure to recover costs against a former employee who suffered from depression, in such circumstances.

Do I have to pay holiday pay for those who are off sick?

After many years of uncertainty, a recent ruling by the House of Lords in a case which became known as Stringer and others v HM Revenue and Customs, makes the answer to this question clearer. Firstly, annual leave continues to accrue during sick leave, so someone who is on long-term sick and has run out of sick pay, continues to clock up holiday entitlement and if their employment is ended they will be entitled to payment in lieu of that “pot” of holiday that has built up. It also means they can take holiday (at the same time they are off sick) in order to be paid for it.

What is not clear is what happens for those who don’t take or try to take the holiday - do they lose it or is the employer risking a claim? The practical answer is that until the case law resolves this you should ensure you make people take their holidays to stop a “pot” building up.

We would be happy to review your current practice for you. Please do not hesitate to contact Anna Denton-Jones on 029 20 537742 or adenton@mdjlaw.co.uk.Morgan Denton Jones LLP

Summary of forthcoming changes in the law

Reminder – rates changed on 1st February 2009

Maximum Basic Award for Unfair dismissal/Statutory Redundancy Payment £10,500

Cap on a Week’s pay £350

Maximum Compensatory Award for Unfair Dismissal £66,200

• 1st April 2009

Increase in entitlement to statutory leave under the Working Time Regulations 1998 from 4.8 weeks (24 days) for a full-time employee to 5.6 weeks (28 days).

• 6th April 2009

Employment Act 2008 – repeal of the statutory minimum procedures and change of Tribunal Procedures including allowing an Employment Judge to hear more cases on his or her own (without the panel of 3 that normally hears cases).

Revised ACAS Code of Practice on discipline and grievance.

The Government has indicated that the change in the flexible working legislation to extend rights to those parents with children under 16 will come into force at this time.

Statutory Sick Pay increases to £79.15.

• 1st October 2009

Change in National Minimum Wage – no rates announced yet.

Changes to laws governing employment agencies are timetabled for October – the consultation on this is still ongoing. Likely date for legislation on extending agency workers rights compared to permanent staff.

Likely date for the Equality Act? It will consolidate existing legislation, outlaw pay secrecy clauses, give tribunals dealing with discrimination claims the ability to make recommendations which apply to the whole workforce and not just to the successful claimant, create a single public sector equality duty and enable employers to take positive action when selecting between two equally qualified candidates.

• 2010

Likely introduction of the increases in paternity leave under the Work and Families Act 2006.

• 2012

Employers forced to enrol employees into pension schemes.