EPB briefing no 26 -Two decisions of the European Court of Justice (ECJ) in 2009 relating to sick leave and holiday entitlement probably caused more concern for employers than any other case law developments last year. Guidance has now been published for employers.

EPB briefing no 25 -In G v The Governors of X School the High Court held that, in certain circumstances, an employee has the right to legal representation at a disciplinary hearing and that representation by a workplace colleague or trade union official is insufficient. The Court of Appeal has now upheld that decision.

EPB briefing no.24 -As usual, there will be no let up in the pace of employment law developments in the year ahead and some of the key legislative changes are set out here.

EPB briefing no.23 -The Court of Appeal has just given its decision in the case Ladele v London Borough of Islington and has upheld the EAT decision of December 2008 that a Registrar who refused to conduct civil partnership ceremonies was not discriminated against or harassed on the grounds of her religious belief.

EPB briefing no.22 -Allegations of harassment at work attract a great deal of media interest especially when they are accompanied by eye catching headlines regarding the sums claimed. In the case Switalski v F&C Asset Management it has been reported that Ms Switalski is claiming between £12 million and £19 million for losses arising out of the sex discrimination, harassment and victimisation she experienced at work. The remedies hearing is expected to take place in January 2010.

EPB briefing no.21 -All employers have a duty of care to protect the physical and mental health of their employees. With the total cost of mental health problems at work estimated at nearly £26 billion a year it makes sense to develop strong policies to minimise employee stress and to tackle it as soon as it arises. Today is National Stress Awareness Day and this is a good opportunity for employers to consider how to minimise the risks of workplace stress in the current economic climate.

EPB briefing no.20 -The High Court has now given its decision in the proceedings brought by Age Concern relating to the UK’s default retirement age of 65. It held that the government’s introduction of a default retirement age in 2006 was 'legitimate and proportionate'. As a result, organisations can still require that its staff retire at the age of 65.

EPB briefing no.19 -The Government has now stated that legislation providing for the right to additional paternity leave will be in place by April 2010 but will only have effect for parents of children due on or after 3 April 2011. A consultation paper on the draft regulations will be issued shortly.

Employee or self-employed, does it matter? Definitely, and in the 2009 Budget, the Government announced its intention to address the ongoing problem of false self-employment in the construction industry. Previous attempts to resolve the issue, for example, through compliance measures have been unsuccessful. The Government is of the view that introducing legislation is the best way forward and it recently issued a consultation paper on its proposals.

This is the well-established principle set out in Article 9 of the European Convention on Human Rights.

EPB briefing no.18 - The long standing litigation between the HMRC and some former employees has now been concluded following the House of Lords judgment, given on Wednesday 10 June, in the case of HMRC v Stringer.

EPB briefing no.17 - The government has recently announced details of the new 'Statement of fitness for work' which, it is anticipated, will replace the current 'sick note' used by GPs in Spring 2010.

EPB briefing no.16 - The eagerly anticipated Equality Bill 2009 has just been published and has attracted a great deal of media interest and, it is fair to say, some controversy too.

EPB briefing no.14 - The annual increase in compensation limits and statutory payments to begin between February and April 2009, such as statutory maternity pay, have been announced.

EPB briefing no.13 - An end to the ongoing litigation involving accrual of holiday during long term sick leave is one step nearer. The European Court of Justice has just given its judgment in the case Stringer v HMRC, one year on from the Advocate General’s Opinion.