21 October 2010

Free application forms for additional paternity leave and pay

One of the criteria for taking additional paternity leave and pay (APLP) for a newborn child - is that the child’s father must give proper APLP notice to their employer - at least eight weeks before the start date of the APLP period.

The child’s father may provide such notice by giving a completed Form SC7 to their employer at least eight weeks before the start date of the APLP period.

An employee may complete a Form SC8 in relation to taking APLP for an adopted child or a Form SC9 in relation to taking APLP for a child adopted from abroad.

14 October 2010

Fire-fighter’s transfer to an office job was unlawful

In FuB v Stadt Halle (C-243/09), Mr FuB was a fire-fighter who worked more than 48 hours per week. Mr FuB told his employer that he wanted to work for a maximum of 48 hours per week. However, in accordance with German law – the employer transferred Mr FuB to an office job in the fire service control room - so that he could work for a maximum of 48 hours per week.

The ECJ held that the transfer was unlawful under the Working Time Directive. The transfer had deprived Mr FuB of his legal right to work for a maximum of 48 hours per week as a fire-fighter.

Also see FuB v Stadt Halle (C-429/09).

11 October 2010

Employer's checklist for additional paternity leave and pay

An employer’s checklist [Form ASPP3] for additional paternity leave and pay (APLP) is available at HMRC.

Eligibility forms and records for additional paternity pay are also available at HMRC.

Further information about APLP is available at Business Link.

6 October 2010

Redundancy dismissal was not unfair

Where an employer is proposing to make 20 - 99 redundancies at one establishment within a period of 90 days or less – the consultation period (CP) must begin at least 30 days before the first of the dismissals takes effect: s. 188 of the TULR(C)A 1992.

In Hammonds LLP v Mwitta [EAT/0026/10], Ms Mwitta was made redundant – but the CP did not begin at least 30 days before the date of her dismissal.

However - on the facts of the case - the EAT held that Ms Mwitta’s dismissal was fair. Although the CP did not begin at least 30 days before the date of Ms Mwitta’s dismissal – it did not mean that her dismissal was automatically unfair.

Note: Hammonds LLP paid a protective award of 30 days’ pay to Ms Mwitta because the CP did not begin at least 30 days before the date of her dismissal.

Update [13 October 2010]

However, in Pinewood Repro Ltd v Page [EAT/0028/10], the EAT held that an employee's  redundancy dismissal was unfair due to an unfair consultation. The employer did not explain the basis of the employee's score of 60% for a subjective flexibility criterion to enable the employee to challenge the score [see paras. 43 - 46]. 

Employer's guide about employment rights

The Department for Business, Innovation & Skills (BIS) has published an eight-page guide about:
  • The National Minimum Wage
  • Working Hours
  • Employment Agencies
  • Agricultural Workers
  • Gangmasters
The guide is available at the BIS

On 25 October 2010, the BIS published a guide entitled "Pregnancy and work: What you need to know as an employer - Babies due on or after 3 April 2011".