Parental Leave to be Extended to Four Months

March 10th, 2010

News that didn’t appear to receive significant coverage within the media this week will give parents more rights to time-off.

Adopting the directive descriptively entitled “16945/09 + 5922/1/10 REV 1” without a vote, the European Council agreed on Monday (8 March) to extended workers’ rights to parental leave from three to four months for each parent. And in a clear effort to encourage both parents to avail of their rights, at least one of the four months cannot be transferred to the other parent (i.e. it is lost if not taken).

The directive makes clear that it will apply to all workers regardless of the type of contract they’re employed under – whether this is temporary or otherwise. Furthermore, workers returning from parental leave will also be able to request changes to their working hours for a limited period. Employers will have to consider and respond to such requests, taking into account both employers’ and workers’ needs.

The next steps for the directive will be for this to be implemented into UK law; as progress of this is made & a clearer timetable emerges, Employment Law Clinic will update these news pages & the advice available on the flexible working section of the site.

Blacklisting of trade unionists illegal under regulations

March 4th, 2010

New Regulations (The Employment Relations Act 1999 (Blacklists) Regulations 2010) came into force this week, making the practice of blacklisting trade unionists – activists or members of a trade union – illegal wherever this has a purpose of  discriminating against a trade unionist. New guidance on the regulations has also been published by the Department for Business Innovation & Skills.

Employers are still permitted to maintain lists of their staff, and this can include details of trade union membership or activity – details that can be necessary in many circumstances – but this must not be compiled, used, or shared for any purpose of discriminating against trade union activists.

More details about the practice of blacklisting, and what prompted these Regulations, can be found on the BBC news site.

BIS Guidance on interaction between annual and sick leave

February 24th, 2010

Further to the European Court of Justice decisions in the cases of Stringer and Pereda, the Department of Business, Innovation & Skills published guidance on the interaction between annual leave and sick leave.

Which Boss Are You? (Regardless, ELC can help)

February 22nd, 2010

A survey published by the Department of Business Innovation & Skills exposes the fact a significant number of employers are not confident with their employment law obligations.

From a study covering more than 300 small business owners [1], less than a third (32 per cent) report feeling confident in their understanding of employment law;  34 per cent of respondents feel that employment law obligations are not relevant to their business, while a further 20 per cent worry about getting their obligations right.

Keeping up to date

Not quite half (42 per cent) of the sample consider it ‘important’ to stay up to date.  However, a quarter (25 per cent) admit that they do not keep up to speed with legislation changes.

A further 28 per cent report that they are ‘vaguely aware’ of their legal obligations.  This group of employers feel that they are unable to find the time to keep abreast of their legal requirements.

Employment Relations Minister Lord Young said:

“We know that running a small business is both challenging and rewarding – and that this combination often fuels a successful enterprise. The essential job of managing employment law need not be one of these challenges.

“This study helps us identify the knowledge gap, and the reasons behind this, to enable us to continue to improve the advice and support we offer. I expect all small businesses to access this help for free on the Business Link website to make sure they know their responsibilities

Support & Services available to small businesses

For those businesses that want to keep up with all the latest employment news, our employment law Calendar will continue to publish details of important events in employment law, while our news section will update readers on recent developments.

For those 58 per cent of business owners that don’t consider it important to keep up to date, we would encourage them to reconsider.

And for both the 68 per cent that don’t feel confident, and the 32 per cent that do, Employment Law Clinic will continue to build on & improve the information & advice available on the site, continue to provide links to reliable free resources, as well as offering a range of services for 100 per cent of small businesses in the UK.


[1] The study was based on business owners responsible for a company with between one & 49 employees

Tribunal Allows Holidays to be Carried Forward

February 22nd, 2010

Following two important decisions on holiday pay (Stinger and Pereda) from the European Court of Justice (ECJ) , an employment tribunal has now ruled in a case (believed to be the first case of this nature since last year’s decisions) in favour of the employee.

The case – Shah v First West Yorkshire Ltd – involved an employee that was off sick for three months, but had previously booked leave to be taken within this period. The employee wanted to change the timing of his leave, but as this meant the leave would have to be carried forward to the next year, the employer refused the request.

The Tribunal ruled that the employer’s approach was wrong: while the Working Time Regulations specify that no more than eight days can be carried forward, the Tribunal felt that Shah was “entitled to take the holidays which he was prevented by ill-health from taking… in the following leave year.”



The judgement confirms that the law on carrying forward holidays in the UK is currently a grey area. In normal circumstances carrying-forward more than eight days should not be permitted, and the case of Lyons v Mitie Security confirms that employers do not always have to approve leave, even if the alternative will be for the employee to lose it. But in cases where an employee is unable to take leave due to illness, employers should normally consider permitting the leave to be carried forward.