Our Employment Update is aimed at providing local businesses with a practical round-up on new employment laws and topical issues. For specific advice on any of the below issues please contact Donna Purchase in our Employment Team by clicking here.

From 1 October 2008, NMW rates were increased to:
• Standard (adult) rate: £5.73;
• Development rate: £4.77;
• Young workers rate: £3.53;

In a recent case, a care assistant in a residential home worked 8 hours a week, but occupied a flat on site to be on-call between 9pm and 8am every day. The EAT held that she worked a total of 85 hours a week (77 hours on call). The NMW was payable for all those hours, with the exception of those when she was sleeping. New measures are likely to be introduced in April 2009 to enable more effective enforcement of the NMW, including inspection powers, increased penalties and automatic fines for employers who fail to pay the NMW. A revised guidance has been published to help employers comply. Click here to read more or here to download the guide.

From October 2008 agency workers will now be entitled to SSP even if they have been employed for less than 3 months. A new SSP form has also been introduced. Click here to read more and to download the form.

Acas has published a guide that provides practical help for employers to decide whether mediation could be effective for them. With the forthcoming repeal of the statutory procedures, mediation is increasingly being used in resolving workplace issues. We have mediators who will be happy to discuss this with you.

In a recent case, the EAT found that learning 2 weeks beforehand that a child-minder would be unavailable was an unexpected disruption of care arrangements. As such, the employee was entitled to take reasonable unpaid leave. In issuing a warning, the employer had subjected her to a detriment. Please click here to read more.

An Employment Tribunal has recently held that an employer could not rely on the default retirement age of 65 when it retired an employee just one day before his 65th birthday. The employee's dismissal was therefore discriminatory and he was awarded compensation of over £36,000. Please click here to read more.