Workplace Law Magazine is available only to Premium Members of the Workplace Law Network. Produced 10 times each year, it is distributed in hard copy format in the first week of the month, and is also available online.
2009: new beginnings
2008 was a year of surprisingly few major changes to workplace legislation. Aside from the Corporate Manslaughter and Corporate Homicide Act, Energy Performance Certificates, the extension of the Sex Discrimination Act, changes to maternity leave, pre-registration for REACH and alterations to agency worker legislation, developments this year in employment law, health and safety and premises management were mostly minor.
2008, however, was also a year of planning for the future. Despite stating that the end of the era of employment legislation was over, the Government proceeded to announce plans for successive waves of new or altered legislation – the Equality Bill, the right to request time to train, the flexible working extension, etc – before then proceeding to announce that it is reconsidering all employment regulation in the pipeline to help businesses get through the economic downturn.
So what is going on? Will 2009 be a year for many changes to workplace legislation, or will it all be put back so that employers and managers can concentrate on keeping companies afloat?
It is hard to tell at this stage – at the time of going to print, the Queen’s Speech (which may shed some light on the matter) is still a week away – so, to cover all eventualities, Workplace Law has provided you with information about ALL the currently planned changes to make sure employers and managers are prepared, no matter what may happen.
In this issue...
06 Legal calendar
Key legislative dates taking place in December and January.
10 Case law
- Asbestos compensation must be paid, says High Court
- Christian worker was not discriminated against, confirms EAT
- Requirement to have a degree “is not age discrimination”
- Only one rest break required if working more than six hours, says EAT
Comment
07 Is the Government’s employment law diet on the wane?
The Government is making a meal of employment law, say Nick Hobden and Sarah Robbins
09 The growing “age” factor
Age discrimination claims will increase during 2009, says David Walker.
19 Stressful times ahead?
Employers underestimate the steps they need to take to protect their businesses against stress claims, say Bettina Rigg and Steve Covell.
Focus
12 2009: new beginnings
New Year, new rules. Make sure you're ready for a new era of employment legislation with our essential guide. Claire Fuller predicts what's in store for employers in 2009.
16 The death of the temp?
A new EU Directive requires agency workers to be given the same rights as permanent staff after 12 weeks of employment, which has led to concerns amongst employers that hiring agency workers is set to become a lot more expensive. So does this Directive herald the death of the temp? Neil Archibald investigates...
20 Long term sickness to become a thing of the past?
The Government has just responded to the review of the health of Britain’s working age population – and has announced that 2009 will see many new initiatives and strategies put in place to get more people back to work. Claire Fuller spoke to Dame Carol Black, the first-ever National Director for Health and Work and author of the review, the day the Government published its response.
Network
24 “Time is precious juggling a full time career and family”
Sejal Raja, Partner in the employment department at RadcliffesLeBrasseur, practices all areas of employment law, acts for employers and employees alike, and also lectures and provides HR training. Sound like a busy schedule? You bet. Claire Fuller grabbed a few minutes with her to ask some questions...
26 Clinic
Workplace Law members ask the experts for advice on workplace issues.
Challenge
22 Energy Performance Challenges
Twelve months ago, surveyor Ewen Sparks had only carried out "three or four" energy assessments in his nine-year career. But since training to carry out assessments for the new Energy Performance Certificates (EPCs) in July, Ewen has undertaken over 150 surveys in less than four months. Jamie Beatson reports...
Technical
28 Legal update
In-depth technical guidance on: dispute resolution, the new business immigration regime, and the ban on HCFC refrigerants.
The data
32 This month’s statistics
Key figures and information on health and safety and employment law.











