A new guide on the definition of a disability will come into force on 1 May 2011: The Equality Act 2010 (Guidance on the Definition of Disability) Appointed Day Order 2011 [SI 2011/1195].
It is expected that the new guide will be available at the Equality and Human Rights Commission.
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28 April 2011
Equality Act: new guide on the definition of a disability
7 April 2011
NMW increases from 1 October 2011
From 1 October 2011, the national minimum wage (NMW) will increase from:
• £5.93 to £6.08 per hour for workers aged 21 or over.
• £4.92 to £4.98 per hour for 18 – 20 year olds
• £3.64 to £3.68 per hour for 16 – 17 year olds
• £2.50 to £2.60 per hour for apprentices who are under 19 years old, or who are over 19 years old but in the first year of their apprenticeship.
From 1 October 2011, the maximum amount for living accommodation that can count towards the NMW will increase from £4.61 to £4.73 per day.
Source: Department for Business, Innovation and Skills.
• £5.93 to £6.08 per hour for workers aged 21 or over.
• £4.92 to £4.98 per hour for 18 – 20 year olds
• £3.64 to £3.68 per hour for 16 – 17 year olds
• £2.50 to £2.60 per hour for apprentices who are under 19 years old, or who are over 19 years old but in the first year of their apprenticeship.
From 1 October 2011, the maximum amount for living accommodation that can count towards the NMW will increase from £4.61 to £4.73 per day.
Source: Department for Business, Innovation and Skills.
6 April 2011
Protection for women on maternity leave must be proportionate
In Eversheds Legal Services Ltd v De Belin [EAT/0444/10], one of the redundancy selection criteria was known as “lock up”. Lock up is the length of time between an employee starting a piece of work for a client and receiving payment for the work.
The minimum lock up score was 0.5 points. The maximum lock up score was 2 points.
Mr De Belin and Ms Reinholz were in the redundancy selection pool. Mr De Belin was awarded a lock up score of 0.5 points. However, a current lock up score could not be awarded to Ms Reinholz because she was on maternity leave. As a result of this, she was awarded a notional score of two points.
The overall redundancy scores for Mr De Belin and Ms Reinholz were 27 and 27.5 points respectively. Since Mr De Belin had the lower overall score – he was made redundant.
Mr De Belin argued that if Ms Reinholz had not been awarded the maximum lock up score – there would have been a tie - or she would have a lower overall score than him. Mr De Belin suggested alternative scoring methods, e.g. awarding an actual lock up score to Ms Reinholz that was based on the last period at which she was at work.
The employer replied that it did not want Ms Reinholz to lose out due to her maternity absence and risk a sex discrimination claim from her.
Mr De Belin claimed that he was a victim of unlawful sex discrimination and unfair dismissal. The EAT agreed.
The minimum lock up score was 0.5 points. The maximum lock up score was 2 points.
Mr De Belin and Ms Reinholz were in the redundancy selection pool. Mr De Belin was awarded a lock up score of 0.5 points. However, a current lock up score could not be awarded to Ms Reinholz because she was on maternity leave. As a result of this, she was awarded a notional score of two points.
The overall redundancy scores for Mr De Belin and Ms Reinholz were 27 and 27.5 points respectively. Since Mr De Belin had the lower overall score – he was made redundant.
Mr De Belin argued that if Ms Reinholz had not been awarded the maximum lock up score – there would have been a tie - or she would have a lower overall score than him. Mr De Belin suggested alternative scoring methods, e.g. awarding an actual lock up score to Ms Reinholz that was based on the last period at which she was at work.
The employer replied that it did not want Ms Reinholz to lose out due to her maternity absence and risk a sex discrimination claim from her.
Mr De Belin claimed that he was a victim of unlawful sex discrimination and unfair dismissal. The EAT agreed.
1 April 2011
Draft guidance on Agency Workers Regulations
Draft guidance on the Agency Workers Regulations 2010 is available at the Department for Business Innovation & Skills (BIS).
Comments about the guidance should be submitted to the BIS by 15 April 2011.
Repeal of flexible working laws
It has been confirmed that the right to request flexible working - will not be extended to a parent of any child under the age of 18: Flexible Working (Eligibility,Complaints & Remedies) (Amendment) (Revocation) Regulations 2011 [SI 2011/989].
The right will continue to apply to a parent of a child under the age of 17 or a disabled child under the age of 18. A disabled child is a child who is entitled to a disability living allowance.
Comments about the guidance should be submitted to the BIS by 15 April 2011.
Repeal of flexible working laws
It has been confirmed that the right to request flexible working - will not be extended to a parent of any child under the age of 18: Flexible Working (Eligibility,Complaints & Remedies) (Amendment) (Revocation) Regulations 2011 [SI 2011/989].
The right will continue to apply to a parent of a child under the age of 17 or a disabled child under the age of 18. A disabled child is a child who is entitled to a disability living allowance.