by Emma | Jan 21, 2024 | Newsletter
An employment tribunal has held in a preliminary hearing that the claimant was a disabled person within the meaning of the Equality Act 2010. The claimant argued that her work-related stress amounted to a disability.
The judge concluded that there was no requirement for there to be a formal diagnosis of a mental illness in order for the Tribunal to be satisfied that there is a mental impairment causing a substantial adverse effect on a claimant’s ability to do day to day activities.
Employers be aware – employees may be more likely to allege that their work-related stress is a disability without any formal diagnosis of mental illness.
by Emma | Jan 21, 2024 | Newsletter
Possible changes to Fit Notes:
The government has committed to reforming the fit note process so that increased numbers of people can return to work after a period of ill health. There will be a consultation this year on wider reforms to fit notes.
Occupational health:
I am a big believer that Occupational health plays a massive part with all things “human”.
The government are set to establish an expert group to advise on a new voluntary Occupational Health framework which will set out the minimum level of intervention needed to improve employee health at work. It will also work with employers and business representatives to promote best practice in relation to employee ill health and disabilities.
Although the government are not going to make occupational health mandatory for business, I for one would support this as it is a great resource.
Watch this space…
by Emma | Jan 21, 2024 | Newsletter
From April 24 the following National Minimum Wage will apply:
The National Living Wage (NLW) – £11.44
The 18 to 20-year old rate – £8.60
The 16 to 17-year old rate and apprentice rate – £6.40
From 1 April 2024, the NLW will be extended from workers aged 23 and over to those aged 21 and 22, who have previously been paid a lower rate.
Please ensure you make preparations and get your payroll’s sorted in time!
by Emma | Jan 21, 2024 | Newsletter
The Paternity Leave Amendment Regulations 2024, which will apply in all cases where the expected week of childbirth falls on or after 6 April 2024, will allow paternity leave to be split into two blocks of one week at any point in the first year after the birth or adoption of their child.
Currently fathers or partners can only take one continuous block of paternity leave of one or two weeks, and this must be taken within the first eight weeks after birth.
The notice period required for each period of leave will be shortened to 28 days, or four weeks. Under the current legislation, employees must give notice that they intend to take leave 15 weeks prior to the expected week of childbirth.
Although the regulations will apply for parents of children born or adopted on or after 6 April 2024, the regulations will come into force on 8 March.
Please contact me for a new policy!
by Emma | Jan 21, 2024 | Newsletter
The Employment Tribunal Appeal has found that the tribunal had been wrong to find that a claimant’s resignation in the heat of the moment during an altercation with his manager was really intended.
The claimant brought a claim for unfair and wrongful dismissal and argued that his case fell within a “special circumstances exception” (in the heat of the moment).
A resignation must be “seriously meant” or “really intended” or “conscious and rational”.
If you have a resignation, which is later retracted and you want to know where you stand, give me a call.
