In Brief - August 2005
Religious Discrimination Claims

In a recent Employment Tribunal case a member of the Transport and General Workers’ Union was awarded £10,000 in compensation after he was sacked, on his return to work, after taking extended leave to make a religious pilgrimage to Mecca.

Mohammed Sajwal Khan, who was a bus cleaner at NIC Hygiene in Bradford, was sacked for gross misconduct after his employer alleged that he had, without authorisation, used his holiday entitlement and a further week’s unpaid leave in order to make the once-in-a-lifetime pilgrimage required by his faith. Mr Khan claimed that he had sought permission from his employer but, when he did not receive a reply, his manager said that if he did not hear anything further, he should assume leave had been granted.

Mr Khan won his case, thought to be the first employee victory under the Employment Equality (Religion or Belief) Regulations, which came into force in December 2003.

New Minimum Wage Rates

The national minimum wage for adults will rise to £5.05 per hour from 1 October 2005 and the youth rate, payable to 18- to 21-year olds, will rise to £4.25. The rate payable to 16 and 17 year olds is to remain at £3.00.

Employers’ Liability Insurance

With effect from 28 February 2005 very small companies which employ only their majority shareholder are exempt from the requirement to carry employers’ liability compulsory insurance. This has brought them into line with sole traders who do not employ anyone else.

Employment Tribunal - Use of Forms ET1 And ET3

The mandatory use of the new Employment Tribunal ‘claim’ and ‘response’ forms, ET1 and ET3, has been postponed until October 2005 because of problems handling the electronic versions of the forms. After that date, however, if the prescribed form is not used, the Tribunal will have no option but to reject the claim or response.

Harmonisation of Implementation Dates

In future, changes to domestic health and safety law will be implemented on only two dates in the year, April 6 and October 1. This is in line with the policy on changes to employment law, which are also implemented on these dates. For changes to occupational health and safety law and practice due to commence in 2005 see: www.hse.gov.uk/aboutus/regulations/index.htm. The timetable for employment legislation due to come into force in 2005 can be found at: www.dti.gov.uk.