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LAWmail September 2009

LAWmail is designed to keep you up to date with developments in employment law, HR practice and health & safety. It is written for those with and without a formal HR background. We hope you find it useful.

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Employment News

Jersey
• Registered Unemployment - The Social Security Department produces a monthly report analysing and comparing the number of people who are registered unemployed with the department and are actively seeking work. The link to the report for August 2009 can be found below. http://www.gov.je/NR/rdonlyres/CFD2CFBD-0E6B-40E6-AEAE-FC7F3B5FC18D/0/RegUnemplASWAugust2009.pdf
• Bank Holiday (28 December 2009) - The States have agreed to make Monday, 28 December 2009 a bank holiday in lieu of 26 December 2009, as Boxing Day falls on a Saturday this year when most of the population are normally off work. This means that Saturday, 26 December 2009 is classed as a normal working day.

Guernsey
• Bank Holiday (28 December 2009) - The States of Guernsey have confirmed that Monday 28 December 2009 will be a bank holiday.
• Bank Holiday (Liberation Day 2010) - Liberation Day falls on a Sunday in 2010 and the States of Guernsey have now declared that the following Monday will be an official public holiday and Islanders will be entitled to a day off.
• *Social Security - Upper earnings limit - The States of Guernsey have approved Social Security’s proposals concerning the future financing of the contributory social security schemes, the upper earnings and income limits for employed people, selfemployed people and non-employed people. This means that over a period of 5 years (starting from 1 January 2010) the financing will be increased to match the upper earnings limit for employers. For the first year, from January 2010, Social Security are recommending an upper earnings limit of £79,872 per year. The upper earnings limit for employers will increase by 2.0%, from £115,128 per year to £117,468 per year. Social Security are not recommending any changes to the percentage contribution rates for employed or self-employed people for 2010.
*source: http://www.gov.gg/ccm/social-security/benefit-and-contribution-rates-for-2010.en

UK

• Tribunal Claim Rise - Figures released last week from the UK’s Tribunal Service have shown that the number of unfair dismissal claims has risen by 29% since 2008/9. The report also showed rises for breach of contract (up 31%); redundancy pay (up 48%) and redundancy - failure to inform and consult (which is now 2.5 times the figure in 2007/8).
• ‘Heyday’ Ruling - A ruling has recently been provided that a retirement age of 65 is lawful. The High Court has upheld that (under the Employment Equality (Age) Regulations 2006 (the “Law”)) UK employers are allowed to force workers to retire at the age of 65. In the UK, even if an employee does not want to retire, the employer can insist on the employment being terminated at the age of 65 without any redundancy payment being made; so long as an employer follows a fair and correct procedure.

In the UK, employees have the right to request to continue working beyond the date when the employer wants them to retire, but the employer can refuse the request and the Law does not require them to give any reason for that decision. Employers have been rejoicing but many charities and elder workers are very disappointed. Law At Work will update LAWMail readers as the UK government have said that they will now bring forward a review of the retirement age to 2010.