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October
On 1 October 2006, the UK will implement legislation outlawing age-based discrimination in employment and vocational training. In July 2005, the DTI published the draft Employment Equality (Age) Regulations 2006. These draft regulations accompany the publication of the latest consultation document "Equality and Diversity: Coming of Age".
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Holiday pay during long term sick leave
The Court of Appeal?s (CA) decision in Commissioners of Inland Revenue v Ainsworth and others held that, the right to four weeks statutory paid holiday under the Working Time Regulations 1998 does not continue to accrue whilst a worker is off on long term sick leave, having exhausted their entitlement to contractual and statutory sick pay. This overturns the earlier Employment Appeal Tribunal (EAT) decision of Kigass Aero Components v Brown (2002). The case also decided that, if a worker is claiming the non-payment of holiday pay, they are no longer able to claim backdated holiday pay representing a series of deductions over a number of years.
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On 1 October 2005, the Employment Equality (Sex Discrimination) Regulations 2005 are due to come into force. The regulations will update and make several important changes to the Sex Discrimination Act 1975, including for the first time the express prohibition of harassment, including sexual harassment in the fields of employment and vocational training.
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The main changes to pension legislation after April 6 next year are as follows:
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July
The Civil Partnership Act 2004 received Royal Assent on 18th November 2004 and comes into force on the 5th December 2005.
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The long awaited Mental Capacity Act recently received Royal Assent following a Bill published last June by the Department for Constitutional Affairs. It is not intended that the Act will be in force until Spring 2007 when it will replace current statutory schemes for Enduring Powers of Attorney and Court of Protection Receivers. Once in force, the Act will empower and protect vulnerable people who are not able to make their own decisions.
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Many taxpayers will have been affected by the Finance Act 2004, which introduced the new 'Pre-Owned Assets' income tax charge. The new charge came into force from the 6th April 2005 but will have retrospective effect running back to 17th March 1986.
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Until the end of 2003, an unmarried father did not have parental responsibility for his child unless he subsequently entered into a written agreement with the mother or obtained an order from the court. A father in this position had no right to be consulted over important decisions concerning the child, such as schooling or medical treatment. However, the position has changed in relation to children born after 1 December 2003. The fathers of these children will now have parental responsibility automatically provided that they are named on the birth certificate at registration.
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IHT is payable at a flat rate of 40% on estates in excess of £275,000 on the death of the owners of the estate. Many feel that this is a particularly penal tax, as it taxes assets that have already been taxed throughout the owners' lives. There are three ways of dealing with the tax; you can pay it, mitigate it, or you can provide for it.
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April
In our last edition of In Business we highlighted the alarming number of websites which still do not comply with rules set down by the Disability Discrimination Action 1995. In this issue we take a more in depth look at the rules and compliance generally.
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The Furley Page website has received the ?See it Right? accessibility logo from the Royal National Institute of the Blind (RNIB), making Furley Page the first law firm in the country to receive the award.
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The Licensing Act 2003 received royal assent on 10 July 2004. The Act revolutionises the licensing regime and introduces new licensing laws for the use of premises for the sale and supply of alcohol.
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The general principle is that a material change of use of property requires planning permission. This is modified by the Town and Country Planning (Use Classes) Order 1987 and the Town and Country Planning (General Permitted Development) Order 1995. The former provides that a change of use for another purpose within the same use class is not development requiring planning permission. The latter grants deemed planning permission for some changes between certain use classes.
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Recent reports in the press have aroused great interest in the Freedom of Information Act 2000.
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To bring you up to date, here is a brief overview of some recent, key cases.
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On 1 October 2004, a number of important changes to the Disability Discrimination Act 1995 (DDA) took effect.
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In July 2004 the government published the final draft of the Information and Consultation of Employees Regulations (the ?Regulations?). These set out requirements for employers to put in place arrangements for informing and consulting employees on matters affecting their employment.
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Background
The draft Road Transport (Working Time) Regulations (the 'Regulations') were published in early November. They will affect many businesses, not just those directly involved in the road transport sector, and they come into force on 23 March 2005.
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