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HR Focus - January 2010

Happy new year and welcome to this month’s edition of HR Focus

The Secretary of State for Work and Pensions has announced the proposed rates of various statutory payments for 2010.

The proposal is that the earnings threshold for statutory adoption, maternity, paternity and sick pay will rise from £95 to £97 per week. Statutory adoption, maternity and paternity pay and Maternity Allowance will all increase from £123.06 to £124.88, but statutory sick pay will remain at £79.15. It is expected that these changes will come into effect in April 2010.

The Government has also published the Employment Rights (Revision of Limits) Order 2009, which decreases the maximum compensatory award for unfair dismissal (reflecting the decrease in RPI), this will fall from £66,200 to £65,300.

The revisions made by the Order take effect when the event giving rise to the entitlement to compensation or other payment occurs on or after 1 February 2010.

The use of the same RPI formula in relation to the limit on a week’s pay used to calculate redundancy payments and the unfair dismissal basic award was suspended following a one-off increase in October. The limit on weekly pay for these purposes will remain at £380 until February 2011 at the earliest.

If you have any comments, queries or questions for our question and answer feature then please email askemployment@weightmans.com.  Alternatively, you can call Laura Kearsley, Editor on 0121 200 3480. 

In this month’s edition:

O'Neill v Buckinghamshire County Council

Clarification of the duty on employers to undertake risk assessments for pregnant workers.  Steve Peacock, Partner in the Liverpool team considers the law in this area in light of the recent EAT decision in O'Neill v Buckinghamshire County Council.

Dansie v Metropolitan Police

Dress codes and hair style, how far can an employer go? Kevin McKenna reports on the recent EAT decision in Dansie v Metropolitan Police

Paviainen v Finnair Oyj

What rights does a pregnant employee have after she has been transferred for health and safety reasons?  Tim Lang, Head of Practice Area and Partner in the Midlands team considers the Advocate General’s opinion on the case of Paviainen v Finnair Oyj.

Time off for infertility treatment

What rights do employees have when undergoing IVF treatment?  Mike Berriman, Partner in the London team sets out a checklist for employers looking to draft a policy on this.

Question and answer

And finally, in our regular Question and Answer section, Mick Whiteley, Head of Employee Relations at OCS Group UK asks Lee Rogers, Associate in the Liverpool team: “In cases where clients request that an employee be removed from their site, we are often left with no option but to dismiss by reason of SOSR. We want to be sure that we are following proper procedure in order to avoid Tribunal claims”.

This update does not attempt to provide a full analysis of those matters with which it deals and is provided for general information purposes only and is not intended to constitute legal advice and should not be treated as a substitute for legal advice. Weightmans LLP accepts no responsibility for any loss that may arise from reliance on the information in this update. The copyright in this update is owned by Weightmans.