The experts' highlights of 2009 and looking towards 2010

Six experts give their opinions on HR practice in 2009 and 2010.

On this page:
What is the main employment law change coming into effect next year, and what ramifications will it have?
What one change in 2010 will be of little significance to employers?
If you could wish for one regulation to be abolished in 2010, what would it be?
What was the most important ruling of 2009 and why?
And what was the most overrated/over-hyped decision?.

What is the main employment law change coming into effect next year, and what ramifications will it have?

Nick Hine, partner, Thomas Eggar
The Equality Bill. It will harmonise and strengthen discrimination law into one single Act and address equal pay disparities in the public and private sectors. The ramifications could be that an increase in awareness of equality rights may result in more tribunal claims.

Susannah Gilmartin, partner, Thomson, Snell & Passmore
The Equality Bill. Watch out for the introduction of the concept of indirect disability discrimination, the obligation on companies employing more than 250 people to publish details of how they pay male and female employees, and making it harder for employers to justify less favourable treatment of employees.

Joanne Owers, partner, Fox Williams
The Equality Bill. Perhaps the most important cultural change emanating from the Bill will be the introduction of gender pay gap auditing and reporting in the private sector.

Jonathan Exten-Wright, partner, DLA Piper
The Equality Bill. This should 'de-clutter' anti-discrimination law, while introducing novel changes.

Linda Jones, partner, Pinsent Masons
The government's promised review of the statutory default retirement age. There are several ramifications - for example, contracts of employment will have to be amended, retirement procedures may no longer apply, and employers will have to consider new ways of dealing with succession planning.

Kerstie Skeaping, partner, Halliwells
The Equality Bill, if it comes into force. It will redefine the way in which discrimination is prohibited in the UK. For example, protection against discrimination will be strengthened, and public employers will have further obligations to promote equality.

What one change in 2010 will be of little significance to employers?

Nick Hine, partner, Thomas Eggar
Legislation allowing mothers to forfeit up to six months' statutory maternity leave, which can then be taken by the dad as additional paternity leave (APL). The total statutory pay remains at 39 weeks, so fathers are unlikely to be financially able take up APL.

Susannah Gilmartin, partner, Thomson, Snell & Passmore
The right for employees to request time off for training. Companies do not have to pay the employee while they attend the training, and can refuse the request if the training does not benefit the business.

Joanne Owers, partner, Fox Williams
The positive action provisions in The Equality Bill will prove to be a damp squib in practice.

Jonathan Exten-Wright, partner, DLA Piper
The government considered allowing time off for those with civic roles - it's decided to progress this through campaigns rather than regulation.

Linda Jones, partner, Pinsent Masons
If the government decides to increase the default retirement age to 66 or 67, that should have very little significance other than for those employees on the verge of retirement.

Kerstie Skeaping, partner, Halliwells
Time off to train - the introduction of this new right next year has sparked some concerns, yet it is just the right to request that is being introduced, not the right to take time off.

If you could wish for one regulation to be abolished in 2010, what would it be?

Nick Hine, partner, Thomas Eggar
Section 188 Trade Union & Labour Relations (Consolidation) Act 1992. The provision that collective consultation must last at least 90 days if an employer proposes to make more than 99 employees redundant is unreasonable.

Susannah Gilmartin, partner, Thomson, Snell & Passmore
Something to abolish before it is brought in - the Information Commissioner's call for prison sentences for breaches of the Data Protection Act (DPA). Responsibility for the DPA is already a hugely onerous job - this proposal would scare anyone witless.

Joanne Owers, partner, Fox Williams
Section 7, Data Protection Act 1998 - responding to employee subject access requests. Need I say more?

Jonathan Exten-Wright, partner, DLA Piper
Parties only have 42 days from being sent a tribunal's judgment in which to appeal to the Employment Appeal Tribunal, but given current postal system challenges, perhaps this time limit and the point from when the time runs should be reviewed.

Linda Jones, partner, Pinsent Masons
The ability for employees to make data protection subject access requests simply as a negotiating tactic in the context of disciplinary or redundancy procedures. It is a complete waste of time and money for the employer.

Kerstie Skeaping, partner, Halliwells
Just because of the amount of disputes it has generated, the holiday provisions in the Working Time Regulations.

What was the most important ruling of 2009 and why?

Nick Hine, partner, Thomas Eggar
The rejection of the Heyday retirement age challenge.

Susannah Gilmartin, partner, Thomson, Snell & Passmore
Heyday - finally some clarity on the statutory default retirement age.

Joanne Owers, partner, Fox Williams
Chagger v Abbey National Plc - staff who suffer a stigma when searching for a new job as a result of having brought a discrimination claim against a previous employer are now entitled to be compensated for that loss by that employer.

Jonathan Exten-Wright, partner, DLA Piper
HM Revenue and Customs v Stringer - the Lords' ruling that workers on long-term sick leave may claim statutory holiday pay presents employers with several potential legal and administrative pitfalls.

Linda Jones, partner, Pinsent Masons
The Stringer and Pereda cases taken together have produced a significant additional liability for holiday pay for employers.

Kerstie Skeaping, partner, Halliwells
The case of Kulkarni v Milton Keynes Hospital NHS Trust creates the possibility that employers may have to allow solicitors to attend disciplinary hearings or risk a finding of unfair dismissal.

And what was the most overrated/over-hyped decision?

Nick Hine, partner, Thomas Eggar
The Acas Code of Conduct - the practical effect on employers so far has been minimal.

Susannah Gilmartin, partner, Thomson, Snell & Passmore
The decision in Stringer v HMRC, which left many employers worried about huge payouts for accrued holiday pay for sick employees. The reality is that, for most, the financial ramifications of this decision will not be so dramatic.

Joanne Owers, partner, Fox Williams
The High Court's decision in the long-running Heyday saga.

Jonathan Exten-Wright, partner, DLA Piper
The CWU announced plans to bring a legal action against Royal Mail in respect of its alleged hire of 30,000 temporary workers, which was called off at the 11th hour.

Linda Jones, partner, Pinsent Masons
The two cases on legal representation at disciplinary hearings (R v Governors of X School and Kulkarni v Milton Keynes NHS Foundation Trust). In fact, the cases have very little or no significance for most public and private sector employers.

Kerstie Skeaping, partner, Halliwells
The House of Lords decision in Stringer v HMRC had been expected to provide all the answers, yet it left even more questions on holiday rights accrued during long-term sick leave.