Legal Updates: 2015

As we are rapidly speeding through 2014 we are looking forward at Law changes expected in 2015

Parental Leave
The right to unpaid parental leave will be extended to parents of any child under the age of 18 years. Currently this leave can only be taken up to a child’s 5^th birthday unless a child has a disability.

Surrogate parents eligible for adoption leave

Currently the law does not allow intended parents in a surrogacy arrangement the right to adoption leave or pay but they may qualify for parental leave. It does however permit that the surrogate, full maternity leave and pay as according to UK law what a mother does after a child is born has no impact on her right to maternity leave. 

In 2015 the law is due to change and provided they meet the criteria, intended parents who have a child through surrogacy will be entitled to paternity leave and pay, adoption leave and pay and shared parental leave and pay. Furthermore both intended parents will be allowed to take unpaid time off to attend 2 antenatal classes with the woman carrying the child.

School leave age rises to 18

During 2015 the school leave age will rise to 18. Children born on or after 1 September 1997 can leave school on the last Friday in June as long as they are 16 by the end of that year’s summer school holiday but will have to stay in some form of education or training until their 18^th Birthday.

The options are:

full-time education - e.g. at a school or college

• an apprenticeship or traineeship
• part-time education or training - as well as being employed, self-employed or volunteering for 20 hours or more a week

For employers this may affect the amount of hours 16-18 years olds can work to allow them to complete training or study. It could also open up further opportunity for apprenticeships within companies.

Disciplinary Appeal: Manager’s authority

Disciplinary Appeal: Manager’s authority

Employees have the right to appeal to a disciplinary outcome.

A recent case from the Court of Appeal has drawn our attention to a manager’s authority to increase sanction following an appeal investigation, for example from a written warning to a dismissal.  The case was raised when an employee of the NHS Trust was issued with a final written warning;  she exercised her right to appeal the penalty but during the investigation  process feared the initial penalty may be raised to dismissal and attempted to withdraw her appeal.

She was granted an injunction by the Court of Appeal to prevent the NHS Trust from reconvening and considering an appeal sanction.  The Court of Appeal made this decision based on the non-statutory guidance given in the relevant ACAS guide in which it states that an appeal “should not result in any increase in penalty as this may deter individuals from appealing”.

Using this advice, the Court deemed therefore that the Trusts Disciplinary policy did not grant them authority to raise that sanction on appeal.  

TAMAR HR VIEWPOINT:  Following this case Tamar feels that appeals should always be beneficial to the employee and the outcomes of an appeal should not result in a more severe penalty.

Therefore we are looking to review our disciplinary policy by making it clear that the options open to an appeal panel are to either:

·         Accept the appeal and remove or reduce the sanction given

·         Reject the appeal and leave the original sanction in place.

Is Obesity a Disability?

Is Obesity a Disability?

In 2010, a Danish Child-minder with a BMI of 54 and weight of 25 stone was dismissed from his position in local government.  It was deemed that he was unable to fulfil his duties adequately after reportedly being unable to bend down to tie shoelaces.  The Claimant, Mr Kaltoft put forward a case for unfair dismissal on account that he had been discriminated against due to his weight.

In early July 2014 the Danish courts asked the European Court of Justice (ECJ) to clarify if obesity could, in fact, be considered as a disability. The ruling has not been decided but it seems likely that extreme, severe or morbid obesity (BMI of 40 or over) could soon fall under the umbrella of disability.

How will this effect UK firms?

UK law does not currently recognise obesity as a disability but this may soon change depending on the outcome of the ECJ ruling. The cause of a disability is irrelevant; it does not matter whether can be held responsible for their obesity. Therefore under the Equality Act 2010, UK firms would be required to make reasonable adjustments for morbidly disabled workers if their obesity affects their ability to work at full capacity. Businesses may need to look at ways of supporting their obese employees, for example having parking spaced near to office entrances, providing special desks or reducing the need to walk or travel in job roles.

What can Employers do to prevent, support and manage obesity currently?

According to statistics 25% of UK adults are obese, obesity is associated with greater health risks and research suggests that it can result in more frequent short and long term absences from work. Therefore it is in our interest to manage and support our staff regardless of potential changes to EU Law.

Having a good ethos towards healthy eating and wellbeing in a company’s culture is positive to instil in all colleagues regardless of weight.  Simple wellbeing initiatives can be extended to all employees and can help to create a supporting environment throughout the company.  Here are some simple and un-costly ideas to encourage a healthier workforce:

1) Encourage employees to take a walk at lunch time

2) Encourage workers to take the time to eat properly

3) Prevent buying sugary treats for employees like Cakes and Sweets

4) Have a ‘Healthy tip of the week’ on boards in communal areas, for example healthy lunch recipes or easy exercise tips.

5) If there are a group of employees willing: make a group weight loss challenge. Participants could state their weight loss goals and encourage each other to collectively meet them.

TAMAR HR VIEWPOINT

Although this is not yet UK Law we would encourage employers to be proactive towards employees with high BMI to ensure reasonable adjustments are made to help them in their ability to complete a job but also to create a healthy culture and encourage all employees to take time to look after themselves.