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Employment Law Bulletin
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  THE EDITOR'S MESSAGE Issue 862  
  SWINE FLU AND THE WORKPLACE
Joanna Stubbs, Editor

With employers increasingly concerned about the impact of swine flu on their organisation, we've added a dedicated swine flu resources box on the XpertHR homepage.

As well as links to key external resources for employers, this contains the latest information from XpertHR on swine flu. The most recent addition is the answers to employers' questions on the impact of swine flu on the workplace. Issues considered include employers' ability to instruct employees with swine flu symptoms not to come to work and payment for employees sent home as a precautionary measure. We'll be adding further questions on the subject throughout this week - see the latest frequently asked questions page for the most recent additions. If any of your questions on the subject remain unanswered, remember that subscribers can suggest further FAQs via the "suggest a question" tab.

In the last issue of Employment Law Bulletin, we drew subscribers' attention to new model letters on XpertHR dealing with maternity and other rights where an employee has a miscarriage or stillbirth, or suffers the loss of her baby shortly after its birth. Concomitant model letters for employers setting out the paternity and other rights for fathers affected by miscarriage or stillbirth have now been added.

A part-time worker has the right not to be treated less favourably than a comparable full-time worker, where the treatment is on the ground that the worker is part time. But does this cover treatment that, although on the grounds of part-time status, is not solely on those grounds? This was the question for the Employment Appeal Tribunal (EAT) in Carl v University of Sheffield.

XpertHR Joanna Stubbs,
Editor,
Employment Law Bulletin

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  NEWS

Acas reports a 22% increase in unfair dismissal claims

The Acas annual report for 2008/09 shows a 22% increase in the number of unfair dismissal cases brought to employment tribunals, and a 100% increase in the proportion of redundancy-related calls to its helpline.

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Maximum amount of a week's pay for employment claims will rise to £380

Regulations increasing the maximum amount of a week's pay used to calculate a number of employment-related payments have been finalised. The increase from £350 to £380 takes effect on 1 October 2009.

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Government finalises amendments to national minimum wage legislation

Legislation to increase the national minimum wage from 1 October 2009 has been finalised.

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  CASENOTES

Part-time workers

Carl v University of Sheffield

The EAT holds that a part-time worker complaining of less favourable treatment does not have to show that the treatment was solely on the ground of his or her part-time status. The EAT also holds that the comparison must be with an actual, not a hypothetical, comparator.

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Race discrimination

Rank Nemo (DMS) Ltd v Coutinho

The Court of Appeal holds that an employment tribunal erred in law in refusing to accept a victimisation claim based on the respondent's failure to pay an award of compensation.

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Minimum wage

Annabel's (Berkeley Square) Ltd and others v Commissioners for HMRC

The Court of Appeal holds that, where restaurant or bar tips are paid to staff through a third-party "troncmaster" (from the troncmaster's bank account), the money received by the staff in this way is not "paid by the employer" for the purposes of the National Minimum Wage Act 1998. The employment tribunal had therefore erred when it decided that three employers could count money distributed by a troncmaster towards their obligation to pay the minimum wage.

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RELATED ARTICLES ON XPERTHR

Stop press - up-to-the-minute news on key cases

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  MODEL POLICIES AND DOCUMENTS

Letter to an employee whose partner has suffered a miscarriage before 24 weeks of pregnancy

Use this model letter to contact an employee whose wife or partner has had a miscarriage before the end of the 24th week of her pregnancy, to advise the employee of his paternity and other entitlements. [full XpertHR subscription required]

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Letter to an employee whose partner has suffered a stillbirth after 24 weeks of pregnancy

Use this model letter to contact an employee whose wife or partner has had a stillbirth after 24 weeks of pregnancy, to advise the employee of his paternity and other entitlements. [full XpertHR subscription required]

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Letter to an employee whose baby dies after birth

Use this model letter to contact an employee whose baby has died after birth, to advise him of his paternity rights. [full XpertHR subscription required]

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RELATED ARTICLES ON XPERTHR

Where an employee's child is stillborn, will he be entitled to statutory paternity leave?

Where an employee's partner is expecting twins, will the employee be entitled to two lots of statutory paternity leave?

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  FREQUENTLY ASKED QUESTIONS

We provide the answers to the following questions:

RELATED ARTICLES ON XPERTHR

How to decide whether or not alternative employment is suitable in a redundancy situation [full XpertHR subscription required]

Model flu pandemic contingency plan [full XpertHR subscription required]

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 FROM THE BLOG

Launched and run by the editorial team that produces XpertHR and the IRS e-journals, the Employment Intelligence blog is regularly updated with news, comment and links to the latest employment developments.

Here's a selection of recent posts:

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  MORE FROM XPERTHR...

Today's tip: using the XpertHR glossary

Want to double-check the meaning of "ex parte" or "obiter dictum", or find out what the post of Certification Officer involves? The XpertHR employment glossary - located within the quick reference service in the employment law section of the site - provides concise explanations of legal and employment-related words, phrases and abbreviations.

Print all articles in this newsletter

This newsletter now has a "print all" button. Before pressing it, please be aware that this uses a lot of paper. For the sake of the planet and your toner cartridge, consider whether or not you need to use it. If you press "print all", this will send to your printer all articles linked from the main column of the newsletter. It will not print blog posts. Print all articles.

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