Chambers Blog

The government has announced a change in the National Minimum Wage legislation from October which will prevent waiters' tips counting towards the minimum. The current position is that an employer may pass all tips through its payroll such that the total amount received by the employee goes to satisfy the employee's entitlement to National Minimum Wage.

There are also some reports that the government may extend entitlement to the full rate to 21 year olds. This will be subject to advice from the Low Pay Commission and consultation.

The current rates of the National Minimum Wage are:

• £5.52 per hour for workers aged 22 years and older
• A development rate of £4.60 per hour for workers aged 18-21 inclusive
• £3.40 per hour for all workers under the age of 18, who are no longer of compulsory school age.

These limits are reviewed annually. The new rates from 1^st October 2008 will be:

• £5.73 per hour for workers aged 22 years and older
• A development rate of £4.77 per hour for workers aged 18-21 inclusive
• £3.53 per hour for all workers under the age of 18, who are no longer of compulsory school age.

The application of the National Minimum Wage legislation can be legally complex, especially when combined with the right not to suffer unlawful deductions from wages, and workers' right to holiday pay. New Walk Chambers' employment specialists can help.

Written by Joseph Neville, Barrister at New Walk Chambers specialising in Employment Law.

The European Court of Justice has now handed down its judgment in the employment law case of Coleman v Attridge Law. This is where a non-disabled employee claimed disability discrimination based on being harassed due to her having a disabled son.

The court has confirmed that this ‘associative' discrimination is prohibited by the Equal Treatment directive. This applies for all forms of discrimination.

When a court decides on whether or not the decision can have effect under the UK's Disability Discrimination Act, or when the government amends the Act, this will be of considerable advantage to employees needing flexibility and time off work to care for disabled dependants.

Written by Joseph Neville, Barrister at New Walk Chambers, specialising in Employment Law.

The Church of England's decision-making body, General Synod, is meeting at present (July 2008).  If the press have noticed this at all, they have commented on the emerging split over the Archbishop of Canterbury's stance on gay bishops in the Anglican Communion and on the consecration of women bishops in the Church of England.

Even the most detailed reports in the general press (such as the Independenton Saturday 5th July) have overlooked the other crucially important issues on the general Synod agenda.  These include the expected ratification of a Measure (church law) to change fundamentally the employment rights of Church of England clergy.  I commented in an earlier blog on the outline of these proposals, contained in the Ecclesiastical Offices (Terms of Service) Draft Measure.  Essentially, these include national terms of service for clergy, gradual changes to clergy housing status, the introduction of guidelines for clergy appointment and the creation of Human Resources departments indioceses to facilitate these changes.  I will provide further details and analysis if/when the Measure is passed.

Ian Jones, Barrister, whose specialist areas include Ecclesiastical Law and Employment Law.  Ian Jones is also a member of Leicester Diocesan Synod.

BERR has launched a consultation on extending the classes of people who may advise upon and sign off compromise agreements. The proposal is to add members of the Chartered Institute of Personnel Development - the representative body for HR professionals. The consultation can be found here.

Currently a compromise agreement must usually be signed off by a qualified lawyer. New Walk Chambers has several barristers specialising in employment law who can provide expert advice on compromise agreements, with nationwide coverage. In the event that you are advised to sign the compromise agreement, then your legal costs usually will be paid by your employer. Please see our full page on compromise agreements for details.

Written by Joseph Neville, Barrister at New Walk Chambers, specialising in Employment Law and Compromise agreements.

Since my blog dated 31^st March 2008 more changes have been proposed in Employment Law. ACAS have now released proposals for the new Disciplinary and Grievance Procedures. The revised code is set to simplify the existing code and provides basic practical guidance to employers, employees and their representatives. It also sets out principles for handling disciplinary and grievance situations in the workplace. A key element of the new proposals is that they aim to encourage the internal resolution of disputes without the need to attend an Employment Tribunal.

Written by Kate Richards, Barrister at New Walk Chambers, specialising in Employment Law.