Wolferstans' Employment Law Newsletter
August 2005
Modern Apprenticeships
It is still possible to have an old fashioned contract of apprenticeship which would include ancient restrictions on termination of such a contract. Some have argued that modern apprenticeships should fall into this category. However the Employment Appeal Tribunal has recently ruled that a modern apprenticeship (that is to say a modern youth training scheme) is not a contract of apprenticeship. The scheme is a three way relationship between the trainee, the employer and the training provider. It is different from the traditional apprenticeship because it is not for a fixed term, there is no agreement to employ for that term and to remain apprenticed for the duration of the term, and it is not the employer who agrees to train to the required standard but the training provider. In a modern apprenticeship the employer only agrees to provide access to the training. There are two important ramifications of this. The first is that a modern apprenticeship can be terminated on reasonable notice rather than notice to the end of the suggested apprenticeship. Secondly it is clear that an employment relationship does exist and it is the employer (and not the training provider) who will be liable for any employment law claims.
Parental Leave
The Court of Appeal has recently ruled on the parental leave provisions. Unless there are express contractual provisions or a workforce or collective agreement to the contrary, the relevant regulations mean that parental leave may only be taken in blocks of one week’s leave.
Draft Age Discrimination Regulations Published
The DTI has now published his proposed Regulations relating to the prohibition of age discrimination and is seeking consultation. The Regulations will be brought into force on 1 October 2006. The proposed Regulations remove the upper age limits for unfair dismissal and redundancy payment claims; prohibit unjustified age discrimination in employment and vocational training; require employers who set their retirement age below the default age of 65 either to justify this or to change it; employers must consider an employee’s request to continue working beyond retirement; employers must inform employees in writing at least 6 months in advance of their intended retirement date; and provisions are included concerning service related benefits and occupational pensions.
Disability Discrimination – Mental Illness
The EAT has recently decided that a claimant’s moderate learning difficulties could be a mental impairment for the purposes of the Disability Discrimination Act and accordingly the claimant was disabled.
48 Hour Maximum Working Week
The European Council of Ministers has recently decided not to vote on a compromise proposal put forward by the European Commission to amend the working time directive. The proposals would have led to the end of the UK’s current opt out from the 48 hour maximum working week.
Record Award for Whistleblower
The recent case of Linguard against HM Prison Service was heard by the Leeds Employment Tribunal. The employee claimed that she had been badly treated as a result of reporting incidents of prisoners being bullied. The Tribunal upheld her claim for unfair constructive dismissal on the ground of a protected disclosure. The Tribunal criticised the employer for making a deliberate decision to reveal her name as the whistleblower and thereafter had failed to protect her from the consequences of the disclosure of her name. The total award, including future loss of earnings and loss of future pension rights, amounted to £477,000.00.
If you have any questions on the above points or on employment law generally, please speak to Nick Roper, Partner on 01752 292357.