A recent decision from the European Court of Justice has determined that basically yes they can.  The ruling stated that if sickness stops an individual being able to take annual leave then they must be able to use the annual leave at a later date.  This in essence means they should not lose it and cannot be forced to take annual leave when they are in fact sick.

This is a timely and important clarification and should act as a prompt for all Employers to check that their policies accurately reflect rights and procedures to follow relating to Annual Leave and Sick Leave. 

Contact us at www.demandresults.co.uk  if you would like to discuss what this means in reality or if you need help with updating current policies.



Just a little reminder that in April this year the new National Living Wage will be introduced for anybody aged 25 and over.  This means that they will then legally be entitled to be paid a minimum of £7.20 per hour and this will gradually increase to £9.00 per hour by 2020.  Contact us f you need any advice or help about how to introduce this increase.


The Government does intend to reduce Corporation Tax to 18% at the same time and it is hoped that this will offset the impact of the wage increase on Corporate profits. There will also be extra help for small firms, in certain circumstances, to not have to pay National Insurance (NI).



Recent case law has determined that, if an employee us unable to take planned holiday because of illness, the employer is likely to be acting unlawfully if they refuse any request to either carry the untaken leave forward or to reschedule it

The Working Time Regulations (WTR) state that employees are entitled to 5.6 weeks annual leave in a leave year and that so long as it says so in the employment contract, 1.6 weeks of this entitlement can be carried forward to the next leave year. The remaining 4 weeks must be taken in the leave year in which it accrues.

Recent announcements by the Government have said that it intends to introduce by April 2013, charges for employees taking a claim to an Employment Tribunal hearing.  Whilst the exact amount of the fees will be decided by a consultation exercise that starts in November, it is anticipated that the fee will be at least £1150 and probably more for cases where compensation is over £30000. 

Announcements have been made that next year there will be an extra bank holiday to celebrate the Queen's Diamond Jubilee that year. This extra day off will fall 5 June 2012 and as this is a Tuesday it has also been announced that, to create a long weekend, the late May bank holiday will also be moved to Monday 4 June 2012.

Cases of employees misuse of social networking sites is on the increase.  Recent cases have seen individuals posting photos of themselves at parties whilst they were off work because of illness and were apparently too ill to come to work, or they have made inappropriate comments about colleagues and their employer on social media sites like Facebook, Twitter, YouTube etc, or have sent inappropriate and offensive e-mails from home or work computers


The new Agency Workers Regulations will come into force on 1 October, and mean that any temporary employees who work more than 12 weeks in on an assignment may be entitled to benefits that are the same as those of permanent employees.

Whilst most employers will already have been thinking about the implications on wages and hourly rates, there are other benefits which need to be considered too.


Proposals to broaden this existing right are likely to be introduced in 2015, however with the changes to paternity leave and taking into account the introduction of the Equality Act, now seems to be a good time to highlight how the current rules work?

Who's eligible?  The right to request flexible working patterns, applies to parents, adopters, guardians or foster-carers of all children under 17 (or under 18 for a disabled child) and, since 6 April 2007, to carers of adults, not just to those with children. Any request must be made in line with statutory procedures

You may be aware that some changes were introduced to Paternity Leave, with there now being an option for fathers/partners to have an opportunity to take more than the statutory two weeks; however are you clear about how it works?

Employing people feel like a mine field? Need HR help? Wish you had the confidence to change things?