Statutory Maternity Pay (SMP) and small employers

As from 6th April 2002 new regulations alter the definition of small employer for the purpose of recovery of SMP and reduce the 105% recovery rate to 104.5%. The threshold for counting as a small employer will double from the present "NI contributions of less than £20,000" to "NI contributions of less than £40,000"

Part-time workers

Amendments are proposed to the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, SI 2000/1551, to ensure that they comply with EC law. The amendments are due to come into force in summer 2002.

Data Protection Code of Practice

A final draft of the first part of the Code of Practice (dealing with Recruitment and Selection) has been issued by the Information Commissioner and is likely to be finalised and formally published before the end of March 2002. It highlights (the quite long-standing) DPA provision under which a job applicant can demand notes of job interviews.

Holiday pay and the Working Time Regulations

The EAT has ruled:-

(i) that a worker is entitled to holiday pay during long term sickness absence even if he is not entitled to wages or statutory sick pay during that absence; and

(ii) that whether an employee whose normal pay includes "rolled-up" holiday pay is entitled under the regulations to pay while on holiday depends on whether the worker had or had not agreed that normal pay would include "rolled-up" holiday pay.

Stress

The Court of Appeal has set out in great detail the considerations which should be taken into account in deciding whether an employ is liable to pay stress-related damages to an employee or ex-employee. The case concerns claims in negligence and is not concerned with claims under the Disability Discrimination Act.