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Employment Law News Spring 2011 - Preview
01 April 2011
Welcome to the first issue in 2011 of the Furley Page Employment Team’s newsletter.
We again focus on topical employment law issues that employers and HR professionals are currently encountering. The newsletter aims to provide practical guidance on frequently asked questions and summarises some emerging employment law challenges.
The Government’s ‘Growth Review’ in November 2010 set out its longer term vision for creating the right conditions for economic prosperity, including the need to remove barriers to growth and job creation. Linked to the Government’s vision is the concept of deregulation in a number of areas, including employment law, and the reform of the Employment Tribunal system. In this issue we consider the proposals in more detail following the publication of the consultation paper in January 2011: ‘Resolving workplace disputes’.
We now know that the default retirement age is to be abolished. The decision was perhaps of little surprise given demographic changes and the looming pensions crisis. However, many employers appear ill-prepared for this significant change and will need to urgently consider whether they wish to maintain a fixed retirement age, and attempt to objectively justify it, or deal with individual employees on a case by case basis. We therefore consider options for employers moving forward.
Following the implementation of the Equality Act 2010 in October 2010, our experience suggests that many employers remain confused on whether they can continue to ask pre-employment health questions and, if so, what type of questions. We therefore provide some guidance on what health questions an employer can ask prior to the offering of a job to an applicant.
We also consider the Agency Workers Regulations 2010, which are to be implemented on 1 October 2011. For many years organisations have hired workers from agencies and benefited from the flexibility that such a commercial arrangement can bring. The Regulations, when implemented, could raise some difficult issues for employment agencies and hiring organisations, particularly where agency workers are engaged on longer term assignments.
For further information contact Andrew Masters on 01227 763939.
Download Employment Law News Spring 2011
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