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The information provided in this update is for guidance only.  It is not designed to provide specific legal advice.  If you feel any information or issues contained within this update are of relevance or specific interest to your business, professional advise should be sought.  If you do not already use the services of a professional Employment Law Advisor, why not en-GAGE with GAGE HR?

 

What's New

 

¨       Michael Durant has been refused leave to appeal to the House of Lords in his Data Protection case but he may now apply for the matter to be heard at the ECJ.

¨       MPs voted to introduce a smoking ban in England. This ban will affect public and work places which will include company vehicles used for work.

¨       The smoke ban in Scotland becomes effective from March 26th 2006.

¨       The new Tupe regulations were published on 15th February

¨       The Equal Opportunity Commission commenced a 3 month public consultation from 15th February on new proposals to affect public bodies.

¨       The Court of Appeal set a hare running amongst employers with its decision in Flett v. Matheson where they found that a valid contract of apprenticeship can exist even where there is a third party training provider.

 

The Working Time (Amendment) Regulations 2006 were published to restore the original position with regard to unmeasured working time.

 

 

Cases for 2006

 

¨       The Court of Session has the case of Hoyland v. Asda Stores Ltd for consideration so the vexed question of maternity bonuses may change yet again.

¨       Redfearn v Serco Ltd a  race discrimination case is due to be heard by the Court of Appeal

¨       The ECJ is due to publish its findings in the rolled up holiday cases. You may recall that the Advocate General stated that such arrangements could be lawful but maybe this time the ECJ will not agree?

 

It is to be hoped that the Ainsworth case makes the starting list for the House of Lords, at present it is not listed but hopefully this will be heard in 2006.

 

 

Snack Size Revision

Employing Children

 

Although changes are being considered the position in England and Wales is:-

 

¨       Except in exceptional cases no child under 13 may be employed

¨       Children may not work before 7.00 am or after 7.00 pm

¨       Rest break of at least 1 hour after 4 hours work on any one day

¨       No child may work more than 2 hours per weekday during term time

¨       Saturdays and school holidays a 13/14 may work 5 hours a day a maximum of 25 hours per week

¨       A 15/16 year old may work 8 hours on Saturdays and school holidays to a maximum of 35 hours per week

¨       No more than two hours for any child on a Sunday

¨       A child must have at least 2 consecutive weeks a year away from both work and school

¨       There are a number of restrictive occupations

¨       Children should have a work employment permit issued by the Local Education Authority before commencing work. This must be produced if required by a Police Officer or education official.

¨       Local authorities may issue local bye-laws.

 

More info in Children and Young Persons Act 1933 and the Children (Protection at Work ) Regulations