Thursday 5 August 1999

Temporary Suspension of Employment Law Mail List

Employment Law (UK) List -

Subscribers may notice a distinct lack of bulletins over the next five weeks. This is because I am getting married next week, and am stopping work tomorrow! The mailing list will resume when I return on 13th September.

IBC Employment Law Conference

Don't miss out on your opportunity to attend IBC's UK Conferences 10th Annual
Employment Law conference - THE employment law event of the year.

Employment Law 1999
23rd-24th November 1999, The Barbican Centre, London EC2

This 2 day programme has comprehensive presentations that include:
- Employment Relations Legislation
- Family Friendly Policies and parental leave
- Maternity Rights
- Union Recognition and New Collective Rights

IBC has brought together the KEY players in the Employment Law arena to ensure
ALL your questions on this rapidly changing area are answered.

Chaired by:
- John Hand QC, Old Square Chambers
- Tim Craddock, HR Operations Manager, Smithkline Beecham

Keynote Address:
- John Cridland, Director of HR Policy, CBI

Speakers Include:
- Janet Gaymer, Partner and Head of Employment Law, Simmons & Simmons
- John Bowers QC, Littleton Chambers
- Fraser Younson, Partner and Head of Employment Law, McDermott Will & Emery
Plus . Attend Employment Tribunal Claims - A Practical A-Z Workshop
25th November 1999 * The Barbican Centre, London EC2

This important new workshop programme has been designed by edge ellison, one of
the leading law firms experience in the area.
Led by Veronica Dean, Partner, edge ellison

For more information and to book a place, visit our web site:

Alternatively contact us directly quoting DM1111/DB
Tel: 0171 453 5492
Fax: 0171 453 2090.
IBC UK Conferences
Mortimer House
37-41 Mortimer St.

Wednesday 4 August 1999

The main proposals are as follows:


- employees (mothers, fathers and adoptive parents) will qualify if they have one year's continuous service.

- up to 13 weeks off over the first 5 years of each child's life.

- a minimum of four weeks notice must be given. Notice of double the
amount of leave if the employee wants to take more than two weeks at
a time e.g 8 weeks for 4 weeks leave;

- the employer can postpone leave where the needs of the business
make this necessary and it is reasonable to do so, but cannot
postpone it for more than six months.

- a special provision will allow fathers to arrange to take time off
straight after a baby is born or adoption of a child providing at
least three months notice is given before the week in which the birth
or adoption is expected.

- light touch regulation means there is no legal requirement for
employers to keep a record of parental leave taken.
- applies to children born after 15th December 1999.


- qualifying period reduced from two years to one

- extended by a month from 14 to 18 weeks


Circumstances include:

- if a dependant falls ill, is injured or assaulted, or gives birth;

- the consequences of the death of a dependant e.g. dealing with
funeral arrangements and to attend a funeral;

- a child is involved in a serious incident at school or during
school hours; or

- childcare or other arrangements break down e.g. if the childminder
or nurse does not turn up.

Monday 2 August 1999

The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1999

As promised, I attach the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1999. Sorry about the delay - the COI was a little slow distributing it.

Do feel free to pass it on to colleagues.

Non-members can join the Employment Law UK mail list by visiting or sending a blank Email to

Copyright Notice: Parliamentary copyright material is reproduced with the permission of the Controller of Her Majesty's Stationery Office on behalf of Parliament.

Employment Update

1. Legislation
2. Forthcoming issues
3. Cases


As notified by Henry Scrope on 29th July, the Employment Relations Act 1999 received Royal Assent last week (27th July). No sections have yet been brought into force.

Slightly better publicised in the press was the Disability Commission Act 1999, which also received Royal Assent on 27th July. This establishes a Disability Rights Commission which aims to eliminate discrimination against disabled people and keep the 1995 Act under review. The Commission should be formed before April 2000.


The Health & Safety Commission has issued a Code of Practice to consider prohibiting smoking in the workplace. It encourages employes to agree procedures to minimise exposure to smoke. Failure to adhere is evidence of negligence. Perhaps more importantly, it may strengthen 'SOSR' dismissals when rendering workplaces non-smoking. Comments by 29th October 1999. The Code is available at

The CBI has warned employers that they may be liable for damage to workers' eyesight if they fail to warn them of the risks involved looking at the solar eclipse on 11th August. This may be somewhat dubious advice from a strictly legal point of view, but must be regarded as good practice. It is probably too late to notify clients formally!


Governing Body of Clifton Middle School v Askew, Times, 2nd August 1999, CA

Teachers are employed by local authorities, not school governors. Accordingly there is no TUPE transfer when a school is closed down and another school opened because there is no relevant change of employer.

Bernadone v Pall Mall Services, Times, 2nd August 1999, CA

When a TUPE transfer occurs, a transferor's tortious liability towards an employee injured at work, together with the benefit of the transferor's existing insurance policy, also transfer to the transferee.