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Lawson Lundell lawyer Lisa Chamzuk discusses a recent arbitration decision requiring Okanagan College to extend long-term disability benefits beyond age 65 in an article for Canadian HR Reporter. This case challenges the conventional understanding of the law that is relevant to the Human Rights Code exemption for bona fide health benefit plans from the general prohibition on age based discrimination, and in so doing provides an opportunity for employers to reassess age based restrictions and distinctions in their benefit plans. Our lawyers can support employers by providing a legal framework to reassess and adjust their benefit plans, while balancing the financial challenges of offering age-inclusive coverage. Learn more about how this decision could impact future policies: https://lnkd.in/gTGt55zC #PensionsLaw #EmployeeRights #HRCompliance #AgeInclusiveBenefits

📣 From 6 April 2024, UK employment law introduced changes to redundancy protections. Employees on maternity, adoption, and shared parental leave now benefit from extended priority protection for 18 months. This also applies from the day pregnant employees inform their employer, ensuring their enhanced safeguarding against redundancy 📣 Not adhering to these new guidelines could lead to redundancy dismissals being deemed automatically unfair and discriminatory. Considering redundancy? Need guidance? Reach out for the very best support. #EmploymentLaw #RedundancyProtection #BusinessGuidance #bestadvice

On 10th October 2024, the UK government unveiled the Employment Rights Bill, introduced within 100 days of taking office, in their press release they state the changes are aimed at fostering economic security and growth. In summary, the Bill includes:- - the removal of the two-year qualifying period for unfair dismissal protection, providing day-one rights for workers. - key reforms include a consultation on a statutory probation period for new hires, - measures to end zero-hours contracts and fire-and-rehire practices, - establishing day-one rights for paternity, parental, and bereavement leave. - Statutory sick pay will also be amended by removing the lower earnings limit and cutting the waiting period for eligibility. - flexible working becoming the default where practical. - Employers will need to address gender pay gaps and support employees through menopause - protections for pregnant women and new mothers will be reinforced.

📣 From 6 April 2024, UK employment law introduced changes to redundancy protections. Employees on maternity, adoption, and shared parental leave now benefit from extended priority protection for 18 months. This also applies from the day pregnant employees inform their employer, ensuring their enhanced safeguarding against redundancy 📣 Not adhering to these new guidelines could lead to redundancy dismissals being deemed automatically unfair and discriminatory. Considering redundancy? Need guidance? Reach out for the very best support. #EmploymentLaw #RedundancyProtection #BusinessGuidance #bestadvice

How will the upcoming general election shape employment laws? 🤔 What employment changes should property management companies be prepared for? With the UK ahead of a general election, several significant employment laws are in flux. Understanding these changes is crucial for employers, including those in the property management sector. Here are the key points: ➡ Fire and Rehire: A new statutory code of practice will come into force on July 18, increasing consultation requirements for changing employment terms. Employers must ensure transparency and can only use dismissal as a last resort. Non-compliance could result in increased damages. ➡ Paternity Leave Changes: The Paternity Leave (Bereavement) Act 2024 will offer up to 52 weeks of leave for partners and fathers if the mother dies within the first year of birth or adoption. This law is expected to pass regardless of the election outcome. ➡ Workers (Predictable Terms and Conditions) Act 2023: This law will allow short-contract workers to request predictable working patterns, including a fixed number of hours or specific days per week. Employers can deny requests for legitimate business reasons. ➡ Missed Legislation: Not all proposed bills made it through. The Unpaid Trial Work Period (Prohibition) Bill, the Fertility Treatment (Employment Rights) Bill, and the Bullying and Respect at Work Bill did not pass. Special thanks to Jo Mackie for the insightful article highlighting these critical updates Read the full article here: https://lnkd.in/eHTc6558 #EmploymentLaw #PropertyManagement #OnePropertyRecruitment William Pennant AIRPM CIHM Zoe Smith Joss Heenehan Imogen Mattick Saoirse Murphy Luke Bates Kate Wood

📣 From 6 April 2024, UK employment law introduced changes to redundancy protections. Employees on maternity, adoption, and shared parental leave now benefit from extended priority protection for 18 months. This also applies from the day pregnant employees inform their employer, ensuring their enhanced safeguarding against redundancy 📣 Not adhering to these new guidelines could lead to redundancy dismissals being deemed automatically unfair and discriminatory. Considering redundancy? Need guidance? Reach out for the very best support. #EmploymentLaw #RedundancyProtection #BusinessGuidance #bestadvice

📣 From 6 April 2024, UK employment law introduced changes to redundancy protections. Employees on maternity, adoption, and shared parental leave now benefit from extended priority protection for 18 months. This also applies from the day pregnant employees inform their employer, ensuring their enhanced safeguarding against redundancy 📣 Not adhering to these new guidelines could lead to redundancy dismissals being deemed automatically unfair and discriminatory. Considering redundancy? Need guidance? Reach out for the very best support. #EmploymentLaw #RedundancyProtection #BusinessGuidance #bestadvice

Employers who implement a policy that excludes people based on a protected ground, such as age, are said to have constructively discriminated against that group. In such cases, the employer may rely on the defence that the policy is in keeping with a bona fide job requirement. Read More - https://bit.ly/3YhkqYv #WhittenandLublin #agediscrimination #protectyourrights #employmentlaw #lawyer

Section 185 of the Labour Relations Act (‘the LRA’) provides that every employee has the right not to be unfairly dismissed or subjected to unfair labour practices. An unfair dismissal occurs when an employee’s employment contract is terminated without good reason – or adherence to fair procedure. To that end, section 187(1) of the LRA lists various forms of automatically unfair dismissals, including terminating an employee’s contract because they participated in a legal strike, or for reasons related to their pregnancy. In addition, terminating an employment contract based on age – among other grounds, such as race, gender, or ethnicity – constitutes an automatically unfair dismissal. However, section 187(2)(b) of the LRA creates an exemption. It provides that ‘a dismissal based on age is fair if the employee has reached the normal or agreed retirement age for persons employed in that capacity.’ Although there is no prescribed retirement age under South African law, employers generally specify a retirement age in employment contracts or policy documents. The LRA thus permits an employer to dismiss an employee once they have reached the agreed retirement age. Although the courts have grappled with the interpretation of section 187(2)(b), recent case law clarifies that an employer may dismiss an employee at any time after they have reached the retirement age. Importantly, the dismissal of an employee for reasons connected to operational requirements will not fall within the scope of the provision. #lawfirm #legalservices #lawfirms #associate #lawfirmlife #corporatelaw #taxlaw #labourlaw #unfairdissmisal #southafricanlaw #legalhelp #commerciallaw #stbb #thebigsmallfirm #southafricanlawfirm #southafricanlawfirms #law #lawyer #lawyers

Did you catch our latest update? Yesterday, we released a new article discussing the upcoming employment regulations that are set to transform the UK business landscape and the potential impact they could have on hiring costs. Today, our Head of Finance, Clayre Campbell, breaks down the key changes in the video below 👇—highlighting how these developments could affect your organisation’s bottom line and compliance requirements. From enhanced day-one dismissal protections to expanded sick pay and parental leave entitlements, the new rules present challenges that call for proactive planning to safeguard profitability. Curious about how your business can stay ahead? Read our latest article to find out more: https://lnkd.in/egHUUp2a #HiringCosts #FinancialPlanning #BusinessStrategy #EmploymentLaw