employment law – what to expect - january 2012

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Employment law what to expect 2012 Forward planner 1 February Statutory redundancy pay (and other compensation amounts) increase: cap on week’s pay = £430; max compensatory award = £72,300 8 March EU deadline for government to increase parental leave to 4 months. More likely implementation date is 6 April 1 April Maternity, paternity and adoption pay standard rates increase to £135.45 per week 6 April Statutory sick pay standard rate increases to £85.85 per week 6 April Qualifying service for unfair dismissal claims expected to increase to 2 years 1 October Pensions auto-enrolment and minimum employer contributions take effect for bigger employers 1 October Any minimum wage increases take effect Key Hearing Judgment Other January 2012 Changes to VAT on salary-sacrifice arrangements come into force on 1 January. Deadline for responding to Government’s call for evidence on TUPE and collective redundancies is 31 January. Clyde & Co LLP v Winkelhof Court of Appeal considering whether employment contract clause requiring parties to refer disputes to arbitrator was void in respect of discrimination and whistleblowing claims Meister v Speech Design Carrier Systems GmbH Advocate General of CJEU to give opinion on whether, under EU discrimination law, unsuccessful job candidates are entitled to find out whether another applicant obtained the post and why Atrill v Valuation Office Agency EAT will look at whether a length of service pay criterion discriminated against women Birmingham City Council v Akhtar Court of Appeal to consider whether equal pay claimants can rely on comparators at different establishments with the same employer where there is no single source responsible for pay rates Seldon v Clarkson Jakes and Wright; Homer v Chief Constable of West Yorkshire Police Supreme Court considering justification of compulsory retirement and whether it was age discriminatory to make promotion dependent on having law degree United States of America v Nolan CJEU case on duty to consult in mass redundancy situations

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Employment law – what to expect

2012 Forward planner

1 February Statutory redundancy pay (and other compensation amounts) increase: cap on week’s pay = £430; max

compensatory award = £72,300

8 March EU deadline for government to increase parental leave to 4 months. More likely implementation date is 6 April

1 April Maternity, paternity and adoption pay standard rates increase to £135.45 per week

6 April Statutory sick pay standard rate increases to £85.85 per week

6 April Qualifying service for unfair dismissal claims expected to increase to 2 years

1 October Pensions auto-enrolment and minimum employer contributions take effect for bigger employers

1 October Any minimum wage increases take effect

Key

Hearing

Judgment

Other

January 2012

Changes to VAT on salary-sacrifice arrangements come into

force on 1 January.

Deadline for responding to Government’s call for evidence on

TUPE and collective redundancies is 31 January.

Clyde & Co LLP v

Winkelhof

Court of Appeal

considering

whether

employment

contract clause

requiring parties to

refer disputes to

arbitrator was void

in respect of

discrimination and

whistleblowing

claims

Meister v Speech

Design Carrier

Systems GmbH

Advocate General

of CJEU to give

opinion on

whether, under EU

discrimination law,

unsuccessful job

candidates are

entitled to find out

whether another

applicant obtained

the post and why

Atrill v Valuation

Office Agency

EAT will look at

whether a length of

service pay

criterion

discriminated

against women

Birmingham City

Council v Akhtar

Court of Appeal to

consider whether

equal pay claimants

can rely on

comparators at

different

establishments with

the same employer

where there is no

single source

responsible for pay

rates

Seldon v Clarkson

Jakes and Wright;

Homer v Chief

Constable of

West Yorkshire

Police

Supreme Court

considering

justification of

compulsory

retirement and

whether it was age

discriminatory to

make promotion

dependent on

having law degree

United States of

America v Nolan

CJEU case on duty

to consult in mass

redundancy

situations