What Can We Expect in the Employment Law World in 2010?

In a year that we face a general election and prospect of a change of government, what is on the Employment Law Agenda?   Andrew Firman guides us through.

First cab off the rank effective on New Year’s Day was the revised ACAS Code of Practice on time off for trade union duties and activities.  It replaced the 2003 code and gives employers guidance on the provision of cover when employees take time off, payment for it, training and provision of e-learning, duties of line managers and union reps in ensuring time off arrangements are meaningful and access to facilities and use of e-communication technology.
Find the Code here: http://www.acas.org.uk/CHttpHandler.ashx?id=1128

By contrast, on 1st February when we expect the usual increase in limits we will not this year see a rise in the amount of a week’s pay for the purposes of calculating things like statutory redundancy pay: it rose to £380 last October and there it is expected to stay until February 2011.   We will see though the drop in RPI filtering through to the limit on the compensatory award for unfair dismissal:  it changes from £66,200 to £65,300.

Looking at pending legislation, we have the Equality Bill making its way through Parliament.   The Act which emerges will consolidate the nine major pieces of discrimination legislation and around 100 statutory instruments currently in force, not to mention the 2,500+ pages of guidance and statutory codes of practice.   As well as harmonising existing legislation, it will update and extend existing provisions.  Royal assent is expected in the spring, with the main provisions of the Act which relate to employment and services and public functions coming into force in October of this year.  Other parts will be delayed until spring 2011 and beyond.    This is subject to any changes which might be wrought by a new Conservative government.

Headlines to the main changes are:

•    A single objective "justification" test to replace different tests currently in use for employers/service providers, which should be a higher  threshold than the present test making it more difficult for employers to justify less favourable treatment
•      New ways to claim disability discrimination
•      It will be easier to claim reasonable adjustments for service providers
•      Direct discrimination or harassment based on association or perception will be unlawful.
•      Public bodies will be subject to a single equality duty.
•      Claims for discrimination on two combined grounds will be allowed e.g. for being a disabled woman.

Due to come into force on 6 April 2010, is the fit note system.   It will provide for a new medical statement to be used by GPs. The statement will list common changes which could be made to an employee's work environment or job role to help facilitate a return to work. Where a doctor considers another option is more appropriate, he or she will have the opportunity to state this in the comments box.

A ‘fit for work’ option had been proposed but this has been withdrawn as it has been recognised that doctors do not have the appropriate knowledge about an individual's role and the risks involved to be able to assess this.

There will be an option for the GP to indicate 'you may be fit for work taking account of the following advice'. Again, this is an acknowledgment that it is not the doctor, but the employer, in consultation with their employee, who is best placed to make a decision about whether they can accommodate any changes to facilitate a return to work.

The maximum duration a medical statement can be issued for will be reduced from six to three months during the first six months of a health condition.

If an employer is not able to facilitate a change or an adjustment, a revised statement is not necessary; the existing statement is evidence that an individual has a health condition preventing him or her carrying out the current role.

Specific guidance for individuals, employers and healthcare professionals is expected to be available shortly.

Finally, last year's decision in R (On the application of Age UK) –v- Secretary of State for Business, Innovation and Skills upheld the UK's default retirement age (DRA) of 65.  It looked at DRA at the time that the challenge to the latest regulations enacting it (in 2006) was started.   The court indicated, however, that had the same DRA been introduced in 2009, it would not have been found to be a proportionate means of achieving a legitimate social policy aim such as securing the integrity of the labour market and its short term competitiveness.   The government had already announced by the time of the judgment that it would bring forward to this year a review of the DRA and the judge indicated that he might have reached a different conclusion if that announcement had not already been made.   The government's major research project surveying employer's policies, practices and preferences relating to age will close for submissions on 1 February and we must wait to see what ensues from there.

Andrew Firman
andrewfirman@cartercamerons.com
Andrew Firman leads the Employment team at Carter Lemon Camerons LLP

Carter Lemon Camerons is delighted that it has been awarded the Lexcel practice management standard.  This is independent recognition that the firm runs on the best practice principals.

Partner Chris Picardo commented “We are delighted to have joined the select number of firms who have been awarded the Lexcel accreditation in recognition of the quality of both the firm’s management and the service we offer to our clients. Our thanks go to our staff whose hard work is essential in delivering that quality service. Lexcel not only gives us a benchmark to measure ourselves, it shows our clients and the outside world that we are serious about quality.”

The Lexcel quality mark, awarded by the Law Society of England and Wales, is only given to law firms who meet the highest management and customer care standards. Lexcel accredited firms undergo rigorous independent assessment every year to ensure they meet required standards of excellence in areas such as client care, case management and risk management.

The independent assessor said in his report in December 2009:

‘I view Carter Lemon Camerons LLP as an exemplar of a Lexcel accredited Practice’

The Lexcel quality mark covers 8 areas including: 

• Financial Management
• File and case management
• Facilities and information technology

As the firm has always put its service to its clients to the forefront, existing clients should not see much change, except a greater consistency of the delivery of the service across the firm.  With the integration of new joiners, this is enormously helpful in ensuring that people are able to settle in quickly and integrate into the firm.

Senior Partner Seamus Smyth said: “Being able to wear the badge of Lexcel approval gives independent recognition for what we have always aimed to achieve, and it speaks volumes for the firm that we achieved it without difficulty, in a relatively short time.”

The Law Society has developed a quality assurance standard named Lexcel, which is a best practice standard designed specifically for solicitors' firms. The scheme looks at all aspects of practice management and helps to ensure that legal practices deliver excellent client care and consistently high quality of service with best practice in mind.

Carter Lemon Camerons LLP celebrated the admission of Emily Detheridge as a Solicitor on 1 February 2010.

Following graduation, Emily began her training contract with the firm in January 2008 and after much hard and dedicated work has qualified and been admitted as a Solicitor. Emily joins the litigation and dispute resolution team and will work initially on commercial and professional negligence matters.

Seamus Smyth Senior partner and head of litigation stated ‘We are extremely pleased, having experienced during her training contract Emily's valuable and enthusiastic contribution, we welcome Emily into the litigation/dispute resolution department and wish her a long and fulfilling career.

On 1 October 2009 Metson Cross joined forces with Carter Lemon Camerons LLP and moved to 10 Aldersgate Street, EC1A 4HJ.

The partners are extremely pleased with this development which enables them to provide greater breadth of legal services by experienced legal practitioners in commercial and private client fields.

Stuart Brennan, senior partner of Metson Cross said “Joining Carter Lemon Camerons has increased the range of services we can offer and I am enjoying passing the benefits provided by the firm's innovative and efficient working environment to our clients”.

Seamus Smyth, senior partner of Carter Lemon Camerons commented, “Metson Cross represent a significant step in our ambition to grow the firm and reinforce our teams providing legal advice to businesses and individuals in a world of increasing complexity and regulation”.

Regulation 34 of Home Information (No 2) Regulations 2007 is set to disappear on 6^th April 2009.

Regulation 34 currently permits Sellers a grace period of 28 days in which to commission and produce their Home Information Pack (HIP) when marketing a property for sale, providing certain conditions are met.

However, from 6^th April 2009 this will come to an end and Sellers will no longer be able to place their property on the market unless and until all essential elements of the HIP are in actual existence. The essential elements are the Index, the Sale Statement, Official Copies of the Registers and Filed Plan for registered land and an Index Map Search for unregistered land. Other components to the HIP may be added to the pack at a later date provided:

• a request for the missing document or information was made before the first day of marketing the property;
• the seller reasonably believes that the missing document/information will be available within 28 days of the first day of marketing; and
• the Index contains details of the missing document/information, why it is missing and the efforts made to obtain it.

On 6^th April 2009 a further compulsory component to the HIP will also be introduced, namely the Property Information Questionnaire. The new questionnaire is planned to be easily completed by the Seller without professional help. It will provide buyers with basic, useful information about the property and will include such matters as flood risk, access, service providers, boundaries and parking arrangements. Additional information will be needed in respect of leasehold properties. The information required in the questionnaire will differ depending on whether the property is newly constructed or an older one. Such is the importance of this document that it will be indexed to appear before the Energy Performance Certificate.