Issue 72 - 21st September 2009

Monday 21 September 2009

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Akavan Erityisalojen Keskusliitto AEK ry and ors v Fujitsu Siemens Computers Oy C-44/08 ECJ
The ECJ held that the duty to consult employees about collective redundancies under the Collective Redundancies Directive (No.98/59) is triggered when the employer contemplates strategic decisions or changes in activity which compels the employer to contemplate or plan for redundancies. See


London Borough of Tower Hamlets v Wooster UKEAT/0441/08/RN

The EAT upheld a tribunal's finding of age discrimination where the Council failed to find the Claimant, who was aged 49 and would have been entitled to an early retirement pension if retained in employment to age 50, alternative employment or to permit an extension of his secondment, notwithstanding an offer by organisation to which he is seconded to fund his continued employment to age 50. The Council's conduct in not redeploying the Claimant, or extending his employment, and instead dismissing him when it did, was motivated by a desire to terminate his employment before he reached 50. See


Tighter rules for employing overseas workers

The government has accepted the recommendations made last month by the Migration Advisory Committee to tighten up the rules controlling when skilled workers are allowed to take jobs in the United Kingdom under the government's points-based system.This will mean that, from next year, all jobs must be advertised to resident workers in Jobcentre Plus for four weeks - extended from two weeks - before companies can seek to employ individuals from outside Europe. This will ensure that resident workers not only are first in line for jobs but also have more time in which to apply.

The government will also extend the qualifying period for all those overseas workers who want to transfer to work at their company's United Kingdom base. This will mean that they will need to have worked for their firm for at least a year - rather than six months as at present - before they can transfer here.

Additionally, the minimum salary that will allow an individual to qualify as a skilled worker and be eligible to work in the United Kingdom will rise, from £17,000 to £20,000.

Consultation on new transferable maternity leave

The Government will consult shortly on new regulations that will give families greater flexibility in how they choose to look after their children. Mothers will be able to choose to transfer the last six months of their maternity leave to the father, with three months paid. This new provision will be available during the second six months of the child's life and would be an option if the mother has maternity leave outstanding

Increases to National Minimum Wage from 1 October 2009

The National Minimum Wage Regulations 1999 (Amendment) Regulations 2009 confirm previously announced increases in the NMW from 1st October 2009 and also amend the main regulations to ensure that tips (eg in restaurants) can no longer count towards the minimum wage.
The main changes are as follows:
- the adult National Minimum Wage (for those aged 22 or more) increases from £5.73 per hour to £5.80;
- for 18-21 year olds the NMW increases from £4.77 to £4.83; and
- for 16-17 year olds the NMW increases from £3.53 to £3.57.

The Work and Families (Increase of Maximum Amount) Order 2009 increasing from £350 to £380 the maximum amount of a week's pay to be taken into account when calculating statutory redundancy pay and certain employment tribunal awards also comes into effect from 1st October 2009 and replaces the normal 1st February index linked adjustment for 2010.


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