2015 is a significant year in terms of family friendly entitlement with the first parents taking shared parental leave in relation to babies born on or after 5th April 2015, and adoptive parents who will be allowed time off for adoption appointments.
However, as well as legislation change, there are some significant case law developments which are hotly awaited. Here’s a rundown of those which could have the most impact:
Holiday Pay and Commission
In 2014, the European Court of Justice decided that holiday pay should be adjusted to include commission that has been paid. In 2015, the UK will make its determination on how the decision may be interpreted for UK employers.
Another hotly anticipated European Court of Justice decision is due in Spring, and this time on the topic of redundancy consultation. The Court will give its decision on exactly which employees have to be involved in minimum consultation periods when large scale redundancies are proposed.
Disability Related Absence
The Court of Appeal will decide whether you must discount disability related absences when you are considering whether an employee has hit an absence threshold at which you would normally start a formal procedure
Agency Workers Regulations
The Court of Appeal will hear a case on whether agency workers with an open-ended assignment are within the scope of the Agency Worker Regulations and therefore must be given equal treatment to employees at the end user company.
Hundreds of female Asda employees are challenging the supermarket, claiming that they are not paid at the same rate as male employees who do similar work. This is an interesting case because, in the past, equal pay claims are generally brought by public sector staff.
These are all in addition to the recent decision of the European Court of Justice which set out that obesity may be classed as a disability in certain circumstances. Although this has not made it to the law books, it may still have an impact in the treatment of some employees during 2015.