Employment eBulletin, March 2010

DMH Stallard Employment eBulletin

In this issue:

•	High Court rules that retirement age is not unlawful
•	New rules on workers who fall sick during annual leave
•	Vetting and Barring Scheme rules curtailed
•	Justification of discriminatory pay protection schemes
•	Internal disciplinary proceedings and right to legal representation

Welcome to the March edition of the DMH Stallard Employment eBulletin.

In this eBulletin we examine the widely reported decision by the High Court on the UK's retirement age and the latest changes to the Working Time Directive concerning the rights for workers to reschedule annual leave that coincides with a period of sick leave. We also consider a recent decision on the potential right for public sector professionals to have legal representation at internal disciplinary hearings.

I would also like to take this opportunity to remind you of DMH Stallard's employment training opportunities that run regularly throughout the year. Dates for our latest Masterclass series, where we will be looking at the implications of the Equality Bill, have just been announced. Full details including booking information is available here

We hope that you find the articles in our latest eBulletin useful. If you have any questions arising from the articles then please do not hesitate to get in touch.

Taj Rehal
Partner

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High Court rules that retirement age is not unlawful

As widely reported, the High Court has ruled that the UK’s default retirement age of 65 contained in the Age Discrimination Regulations is not unlawful for now R (on the application of Age UK) v Secretary of State for Business, Innovation and Skills [2009] EWHC 2336 HC) (Heyday).

New rules on workers who fall sick during annual leave

The ECJ has held that, where a worker’s pre-arranged annual leave coincides with a period of sick leave, the worker must have the option to reschedule their annual leave to an alternative period under the Working Time Directive Pereda v Madrid Movilidad SA [C-277/08 (ECJ)].

Vetting and Barring Scheme rules curtailed

The Vetting and Barring Scheme launched on 12 October 2009, but received widespread criticism due to the low threshold which applied and meant that a substantial number of people would have to register. The Government has decided to make changes following the review by Sir Roger Singleton, the Chair of the Independent Safeguarding Authority.

Justification of discriminatory pay protection schemes

The EAT have considered the question of objective justification in an age discrimination claim and the sort of factors employers should be considering when justifying age discrimination Pulham and others v London Borough of Barking and Dagenham [2009] (EAT).

Internal disciplinary proceedings and right to legal representation

The Court of Appeal has commented that a junior doctor facing serious disciplinary charges can be entitled to legal representation at his disciplinary hearing even if the disciplinary policy does not provide for such a right.

In the case of Kulkarni v Milton Keynes Hospital NHS Foundation Trust [2009] EWCA the Court of Appeal had to consider whether a junior doctor facing serious disciplinary charges was entitled to be legally represented at his disciplinary hearing.

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