HR Focus - August 2010

Paternity leave: over before it has begun?

Shortly before the dissolution of the last government, legislation was introduced to allow fathers of babies born on or after 3 April 2011 to take up to six months off as paternity leave if the mother chose to return to work. 

However, these plans now look to be in doubt as the new coalition government has announced its intention to review the regulations. 

It is still unclear whether this will amount to a complete revisiting of the regulations, or merely an adjustment as to how they are implemented. It seems unlikely that additional rights for fathers will be scrapped altogether; it is more likely that the existing plans for paternity and maternity rights will be altered, promising a new system of flexible parental leave.  

In this month’s edition:

Holiday Pay

With the holiday season upon us, Jane Hobson, Partner in the Midlands team considers the circumstances in which employers will not be liable to pay accrued holiday pay, as highlighted in the recent case of Khan v Martin McColl. 

Governing body of St Andrews Catholic Primary School and Ors v Blundell

Remedies in discrimination claims. Jessica Baden-Daintree, Associate in the London office considers the recent decision in this case on remedies.

Flexible working

The Flexible Working Regulations: Friend or Foe? Employment Team Associate, Radikha Aggarwal explores how the Regulations might benefit your Company.

Medical questionnaires

To what extent may employers ask health-related questions prior to interview?  This article was first published in the 9 August edition of ‘People Management’. Stuart Jones, Partner in the Liverpool office, considers the up-coming implementation of the Equality Act and the demise of pre-employment medical questionnaires. 

And finally in our Q&A section

Is it possible to dismiss a fixed-term worker for under-performance before the expiry of their contract? Mandy Higgins in the Liverpool office looks at the rights of employees on fixed term contracts. 

Questions or comments? Email askemployment@weightmans.com  or call Laura Kearsley, the editor on 0121 200 3480, we’d love to hear from you!