In Brief - July 2005

New Working at Height Regulations

Falls from height are the single biggest cause of workplace deaths and one of the main causes of serious injury. New Regulations came into force on 6 April 2005 enforcing minimum health and safety requirements when working at height. One key effect of the Regulations is to remove the ‘2 metre’ rule. A place is ‘at height’ if there is a risk of a fall liable to cause personal injury.

For a brief compliance guide to the Work at Height Regulations 2005, has been published by the Health and Safety Executive.

Sick Leave and Annual Holidays

Workers on long-term sick leave not entitled to statutory holidays. In a unanimous decision, the Court of Appeal has held that the right to four weeks’ statutory paid holiday under the Working Time Regulations does not continue to accrue whilst an employee is absent on long-term sick leave.

This decision only refers to employees who are absent for an entire holiday year.

Tackling Discrimination and Promoting Equality

The Advisory, Conciliation and Arbitration Service has updated its good practice guide for employers on tackling discrimination and promoting equality in the workplace.

The booklet offers practical advice and guidance on implementing policies and practices to achieve fair treatment across a whole range of working situations and includes a sample equality policy. Useful guidance is available at the ACAS website here.

Transfer of a business and Employees Pension Rights

The Pensions Act 2004 and the Transfer of Employment (Pension Protection) Regulations 2005 make alterations to the obligations imposed when a business is sold or transferred.

Previously, the 1981 Transfer of Undertakings (Protection of Employment) Regulations provided that on the sale or transfer of a business the employment contracts of all its employees automatically transferred to the new business. However, benefits relating to old age were excluded and so pensions generally did not transfer. Now, if employees already have access to an occupational pension scheme prior to transfer then the transferee is obliged to provide those who are active scheme members, eligible to join or in a waiting period with a minimum level of pension provision after the transfer.

The changes affect business transfers which take place after 6 April 2005.

If you are considering the acquisition of a business, take advice from the start to make sure your decision is based on a full understanding of the legal and financial issues involved.