Recruitment know how

Dress Code Dilemmas: new guidance on discriminatory dress codes published

It is now some two years since the events we have come to know as “Heel-gate” when in 2016, a temp called Nicola Thorp was required to wear high heels at work. Ms Thorp was sent home without pay for not complying. She commented about the issue on her social media and the story consequently took […]

HMRC clamps down on termination payments

Can termination payments of up to £30,000 still be paid tax free after 6 April 2018? Yes, provided however that no part of the termination payment represents unworked notice. Old Position Prior to 6 April 2018 if there was a contractual right to pay in lieu of notice in an employment contract (commonly referred to […]

The Taylor Review: changes to employment status on their way? Latest from the Government…

So we have reached the next stage in the plans for a potential major shake-up to employment law and the workplace, announced last year by the Government on a number of fronts on their setting up of the Taylor Review of Modern Working Practices. But is the much heralded major Review now becoming a let […]

Are you battling with the Beast from the East?

Blizzards and icy winds have swept in from Siberia, with temperatures plummeting and a blanket of snow settling over most of the country. For many HR managers, the Beast from the East may feel like a waking nightmare, causing childcare and travel disruption, and increasing absences. Here is our employment law guide to lead you […]

GDPR: Direct Marketing update

An area of some confusion among clients, now bracing themselves for the arrival of the GDPR, is on what basis they can continue to market themselves to customers: is fresh consent required, or what are the alternatives?  With the 25th of May fast approaching, this short article explains that the new restrictive form of consent […]

Top 5 New Year’s Resolutions for HR in 2018

Happy New Year! 2017 proved to be a considerable year for employment law developments and although there is actually relatively little on the legislative agenda for 2018, there is no doubt that many of the developments from the last 12 months will flow into 2018 – keeping HR and employment law professionals similarly busy. Reflecting […]

“Gig Economy” Working: What are the latest tribunal decisions?

The fast growing trend of ‘gig economy’ working is becoming an ever more divisive and complex area. The term is used to describe a relatively new way of working which involves workers taking on short-term, on-demand jobs on a ‘gig’ basis. The most well known names practicing this structure include Uber and Deliveroo, both of […]

Tech: Considering equal pay and the gender pay gap

This article first appeared in UK Tech News. The effect of equal pay law is that men and women should receive equal pay for equal work. On the other hand, the gender pay gap is a measure of the difference between average earnings of men and women in general, whatever their job roles may be. […]

Coping with the Christmas peak: recruitment issues re seasonal workers

This article first appeared in QuickBite magazine. With thoughts turning to Christmas, employers may be considering what staffing options they have to help cope with the party season when demand for their services may temporarily increase. Below are four points to think about when recruiting additional help for this seasonal rush of trade. Employment Status: […]

#MeToo: how to address workplace harassment

This article first appeared in People Management. What started with Harvey Weinstein has quickly snowballed to include allegations against famous actors and now UK politicians. What can employers do to combat the problem? Using the hashtags #MeToo and #MenToo, thousands of women and men have spoken out about their experiences of sexual harassment and assault, […]

The Taylor Review of modern working practices – will this clear up the confusion regarding employment status issues?

This article first appeared in QuickBite magazine. Is that delivery driver of yours an employee, worker or self-employed? Many readers will recall that the issue of employment status has been under the microscope a lot recently, in particular during legal cases involving Uber, CitySprint and Deliveroo, which examined whether an individual was classed as an […]

Dismissal for Misconduct: To what extent can past conduct be taken into account?

When carrying out an investigation into alleged misconduct by an employee, the temptation may be to find as much evidence as possible. A recent case in the Employment Appeal Tribunal (EAT) has addressed the question of whether an investigation can actually be too thorough. How “fairness” is tested “The Burchell Test”, as set down in […]

IR35 continues to be taxing

This article was first published in Recruitment International. On 6th April 2017 new IR35 rules come into force applying to payments to PSC workers who provide personal service to a “public sector employer” generating significant problems for recruitment businesses involved in the supply process. Problem areas The legislation (still in draft form at the time […]

Mind the Gap: Are you ready for Gender Pay Reporting?

This article was first published in Recruitment International. Disparity between male and female average pay continues to dominate the news, with evidence of the gender pay gap widening for women in their 30s and 40s in particular. Dubbed “Equal Pay Day”, 9 November 2016 marked the date from which women were effectively working for free […]

Gig Economy Working: sham self-employment?

This article first appeared in Recruitment International. Gig economy working – used to describe the trend towards workers taking work on a “gig” basis, on flexible, generally short-term assignments, in contrast to a traditional employment model – is on the rise but what are the employment law implications? Uber, who provide the popular transport app, […]

Introduction fees: the recruiters’ battleground

This article was first published by Recruitment Agency Now. To avoid dispute, the question of when an introduction fee is payable in respect of the introduction of staff to a client should be set out clearly in agreed terms, both parties acting in accordance with such intention to create legal relations. These are basic contractual […]

I am considering taking a job as a delivery driver – what are my rights in the gig economy?

This article was first published by This is Money. Over the past five years, the UK has seen the rise of a new way of working called the ‘gig economy,’ fuelled by the rise of mobile apps and on-demand services.  Under this system, workers are paid for the specific jobs – ‘gigs’ – they undertake […]

Wearable fitness trackers in the workplace: surveillance by fitbit?

This article first appeared in Personnel Today. Many people sport fitness tracking devices and/or smartwatches – forms of wearable technology which not long ago seemed futuristic but are now familiar accessories. These developed from wearable medical technology – devices worn on the body which are able to assess and record detailed physiological data about the wearer […]

Giving your staff wearable tech? Here’s how to stay on the right side of the law

This article first appeared in City A.M.. Wearable technology, such as fitness tracking devices, is increasingly being introduced into the workplace as part of “corporate wellness” schemes. It is believed that around 202m wearable devices were given out by employers in 2016 to assist their employees with managing personal health. Corporate what? These schemes can […]

No rest for the workers?

This article first appeared in Recruitment International. Who should bear the risk when there’s no provision within an employment relationship for exercising the right to take holiday – the employer or the worker?  That’s the question that the Attorney General of the Court of Justice of the European Union recently considered, making a clear decision […]

So after all the court cases, where do employers stand on holiday pay?

This article first appeared in HR news. Employment tribunals continue to consider a number of cases concerning the inclusion of overtime, commission and other variable payments in holiday pay, as well as the entitlement to carry-over leave as a result of long-term sickness or where a worker has otherwise been unable to take it. Unfortunately […]

Tribunal fees ruled unlawful: How will this impact gig economy firms?

This article first appeared in UKTN. Following a four-year fight by UNISON, the Supreme Court has allowed their appeal and held that employment tribunal fees are unlawful. Dave Prentis, UNISON general secretary, said: “The government is not above the law … when ministers introduced fees they were … showing little concern for employees seeking justice […]

Holiday pay: What employers need to know

This article first appeared in UKTN. What is holiday pay? Unfortunately despite many tribunal and court decisions on the topic of holiday pay, there is still uncertainly as to what should be included in holiday pay, for example in terms of commission and bonus payments as well as carry-over entitlements. Employers who do not want to fall foul of the requirements or face […]

In the courts: the worker and the 13 years of untaken holiday

This article first appeared in The Lawyer 2b. On 8 June 2017, the Advocate-General of the European Court delivered his Opinion in a case concerning a UK worker’s 13 year back-dated holiday pay claim: King v The Sash Window Workshop Ltd. Mr King worked for 13 years for The Sash Window Workshop Ltd (TSWW) and […]

Data subject access requests: Common employer queries

This article first appeared in Personnel Today. How should employers deal with data subject access requests and how will the process change for employers when the General Data Protection Regulation (GDPR) comes into force in May 2018? Clare Gilroy-Scott, a partner at Goodman Derrick LLP, answers some common questions about data subject access requests. Data […]

Is a non compete restriction worth the piece of paper it is written on?

This question is often raised by both employers and employees when looking at post termination restrictions at the beginning of the relationship. It is well established that provisions that seek to restrict an employee’s activities following the termination of their employment are in restraint of trade and therefore unenforceable UNLESS they go no further than […]

Tinker Taylor: The Taylor Review – can Government make work good?

It’s said that you can’t please all the people all the time and nowhere is this more evident, perhaps, than in the eternal struggle between master and servant, employer and employee; and now taskmaster and gig-er. The terminology and technology may change over time but the fundamental employment challenges in the 21st century remain much […]

The rights skills for the job?

This article first appeared in Estates Gazette, 22nd July 2017. Many employers will be paying additional sums by way of the apprenticeship levy that came into effect on 6 April 2017. Some savvy property sector employers will already be exploring ways in which these sums (plus more) can be recouped by their businesses. Apprenticeships are […]

The General Election: employment considerations

With the general election just around the corner, below are five employment law issues for employers to think about: Campaigning in the workplace Employees are paid to work so an employer is perfectly entitled to stop them using their work time and company resources for political campaigning. Also, this might be a sensible move in […]

10 things you need to know about the new Apprenticeship Levy

From 6 April 2017, many employers will have to pay the Apprenticeship Levy, which has been referred to by some as a new payroll tax. However, at least some of this additional expense could be recouped if the employer employs an apprentice. Given the hospitality industry is one of the largest employment sectors, the scope […]

How to make returnships a success

On International Women’s Day, the chancellor announced a new £5m fund designed to help women return to work after a long break. The initiative will support returnship programmes that provide short-term assignments to returners who are often, but not always, women who have taken time out to raise their children. Typically lasting around 12 weeks, […]

Illegal Working in Licensed Premises

There hasn’t been much publicity about this, but these measures (see link below) are specifically for the Licensed Trade (alcohol and late night refreshment), and came into force on 6 April 2017.  In short it is part of a clamp down on illegal working in Licensed Premises, with the key points being: Applications by individuals […]

Effective date of notice of termination

When an employer decides to terminate an employee’s employment, it is obviously important that notice of the termination is communicated to that individual. There can sometimes be difficulties with this, for example when the employee is absent from work because they are on holiday or off sick. The recent case of Newcastle upon Tyne NHS […]

Dispute resolution in a future EU / UK trade “deal”: what are the likely costs of avoiding indefinite European Court of Justice jurisdiction?

In most commercial negotiations, discussions about dispute resolution procedures are usually left until last. The parties don’t like to poison negotiations by talking about how they resolve disputes before they even reach agreement. But the future resolution of disputes in any eventual EU/UK agreement has exercised both sides already in the embryonic negotiations. This is […]

Employment status

Given the recent high profile cases involving Uber, CitySprint and the like, the true employment status of purportedly “self-employed” individuals has come under the spotlight. So what is genuine self-employment and what is a worker or an employee? And why does it matter? What are the categories of employment status? There are three categories of […]

Employment law update

Major developments in employment law are expected to take place in 2017, Katee Dias outlines the main changes. Employment Tribunal Fees Fees were introduced in 2013 for all Employment Tribunal claims. However, the lawfulness of this was questioned and the latest hearing in the long running legal challenge by UNISON is expected to be heard […]

Pimlico Plumbers and Mr Smith – latest judgment: self employed contractor entitled to holiday leave and pay as a “worker”

Judgement was recently given by the Court of Appeal on a landmark case in the field of employment, Pimlico Plumbers and Mullins v Gary Smith, which has been working its way though the courts. It has put plumbers engaged with Pimlico in the spotlight for similar reasons as for other groups working within the “gig […]

Can I sack an employee for criticising their place of work on social media?

The problem One of my team members has posted a comment on his personal Facebook page saying that he hates his work, our customers and his colleagues. The comment was made in his own time on his home computer, but it has been seen by some of our regular diners. Can I dismiss him? The […]

What is coming up in employment law in 2017?

Happy New Year! As the celebrations have now passed and it is back to work, let’s look at some employment law developments coming up in 2017. Employment Tribunal Fees Fees were introduced back in 2013 for all Employment Tribunal claims. However, the lawfulness of this was questioned and the latest hearing in the long running […]

Fallout over Christmas issues

The Christmas period is a time of joy and celebration for many but employers can often face employment law issues leaving them feeling more “bah-humbug” than “cheers”. Set out below are common problems that arise for employers at this time of year. Some of my employees have not turned up to work on time the […]

The Uber Decision: Workers’ rights in the gig economy under scrutiny

Described by the tribunal as a “modern business phenomenon”, Uber has around 40,000 drivers in the UK, with 30,000 drivers operating in the London area and around two million passengers registered to use its service there. In a judgment handed down on 28 October, an employment tribunal has held that Uber drivers are “workers” and […]

Holiday pay and commission: Lock v British Gas

The courts have once again considered the question of what payments should be included in holiday pay – should this be basic pay only or should workers receive a payment that reflects the overtime and/or commission payments which they would ordinarily receive? Having gone to the European Court, who held in 2014 that holiday pay […]

Whistleblowing: can an agency worker bring a whistleblowing claim against an end-user?

The tripartite nature of the agency worker’s relationship with the employment business and the end-user often makes it confusing for an agency worker to establish the correct party against whom to bring a claim. “Workers” and not just employees are protected from detriment as a result of having blown the whistle (s.43A Employment Rights Act 1996 […]

Vexatious job applicants: to what extent are they protected from discrimination?

It will be a relief to organisations that the European Court has held that a job applicant, who only made an application for a role in order to will compensation, is not protected from discrimination (Kratzer v R+V Allgemeine Versicherung AG). The Equal Treatment Directive’s purpose is to provide protection to those actually seeking employment. The […]

Holiday pay & EU law: King v The Sash Window Workshop Ltd

The Court of Appeal has made a reference to the European Court of Justice (CJEU) in a major area of importance concerning holiday pay under the Working Time Regulations 1998 (WTR). On 9th February, the Court of Appeal considered the question of accrued but untaken holiday pay in the case, King v The Sash Window […]

Social media dismissals

We are hearing more and more of employees who are dismissed from their employment because of private postings made on their own social media sites. The actor from Coronation Street who was recently dismissed by ITV because he made discriminatory postings on his personal Twitter account is a prime example of this. Set out below […]

What’s new or on the horizon?

The following is a summary of new legislation and what is coming up to ensure that you remain aware of developments that could impact your business going forward. Termination payments Currently, an employer is able to make an ex-gratia payment of up to £30,000 on termination of an employee’s employment without deductions for tax or […]

Job applicants: to what extent are they protected from discrimination?

It will be a relief to organisations that the European Court has held that a job applicant, who only made an application for a role in order to will compensation, is not protected from discrimination (Kratzer v R+V Allgemeine Versicherung AG). The Equal Treatment Directive’s purpose is to provide protection to those actually seeking employment. […]

Holiday pay & EU law: are the working time regulations are compatible with EU law?

The Court of Appeal has made a reference to the European Court of Justice (CJEU) in a major area of importance concerning holiday pay under the Working Time Regulations 1998 (WTR). On 9th February, the Court of Appeal considered the question of accrued but untaken holiday pay in the case, King v The Sash Window […]

Recent and upcoming developments in employment law

The summer may now have gone but it was an active period for employment law news. Below we look back at some of the happenings to ensure you remain aware of developments that could impact on your business going forward. Employment status It was reported in July 2016 that the food delivery firm, Deliveroo, had […]

New payroll tax – will you be paying an additional 0.5% of your wage bill from April?

A new form of tax, known as the Apprenticeship Levy, will hit many employers from 6 April 2017. The funds generated will be used by the Government to help pay for apprenticeship training costs.  Employers will firstly want to assess whether they will be liable to pay this additional tax and secondly, consider whether they […]

Don’t be held liable for the unauthorised acts of your employees

Picture the scene… A potential diner visits your restaurant and asks for a drink that you do not sell. Your server replies using obscenities that you do not stock it. The diner complains about being sworn at. The server angrily directs him off the premises using racist and expletive language. The diner is shocked and […]

Does all employment law in the UK derive from the EU?

A large proportion of the employment law which subsists in the UK derives from EU law.  To name a few aspects, discrimination, collective consultation on redundancy, the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), family leave entitlements, the Working Time Regulations 1998 and The Agency Worker Regulations 2010. However, much of the employment […]

Why Britain’s current semi-detachment from EU Competition principles could become complete post Brexit

Much of the speculative commentary on Brexit and its implications for competition law has adopted “a business as usual” analysis.  It is said that we are bound to follow EU law while we are members and that it is likely that competition law based on the EU/EEA model will kick in once we leave – […]

A slave to new law

Does your organisation have a turnover of £36million or more? Are you a supplier to an organisation which has a turnover of at least £36m? Do you provide goods or services to an organisation who is, in turn, a supplier to a business which has such a turnover? If you answer “yes” to any of […]

Holiday pay cases: where are we now?

The Employment tribunals continue to consider a number of cases concerning the inclusion of overtime and commission payments in holiday pay, as well as the entitlement to carried over leave as a result of long-term sickness or where a worker has otherwise been unable to take it. Are we any closer to a resolution? Unfortunately the position […]

Regulation of the recruitment sector: changes from 8 May 2016

Much anticipated reform of the regulation of the recruitment sector comes into force on 8 May 2016 with the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2016 which were published this week. Much of the current regulation of the recruitment sector is set out in the 2003 Conduct of Employment Agencies and Employment […]

Introduction of the national living wage, and increases in national minimum wage – 1 April 2016

As you hopefully know, all workers are entitled to be paid at a rate which is not less than the national minimum wage. Currently, there are four categories of worker, each of which benefits from a different rate of the national minimum wage. However, from 1 April 2016, a fifth category of worker, aged 25 […]

New Year resolutions for HR

It is that time of year again… The time where you resolve to better yourself; whether that be learning a new skill, getting off the bus one stop earlier to walk the rest of the way or, if you are an HR professional, getting your personnel practices shipshape. If it is the latter, you are […]

Instigating change – New Year resolutions

January is often seen as the time for instigating change, so consider the following New Year resolutions: 1. Signed Contracts Do all your employees have appropriate and signed contracts of employment in place? The law prescribes that certain information be provided in writing to the employee within the first two months of their employment. This […]

New Year resolutions for HR

PROBLEM As an HR professional, what resolutions could I adopt for 2016? LAW Employment laws change frequently and HR professionals can find it difficult to keep up with changes. There is also the burden of general housekeeping to ensure personnel files are compliant and up to date; a task which can be particularly difficult in […]

Top 5 New Year’s Resolutions for Recruiters/Staffing businesses

The festive season can be a busy time in HR and recruitment, with many employers spending the final month of the calendar year looking ahead at staffing proposals for 2016 as well as looking at headcount and temporary cover over the Christmas period.   While many of you may want to spend January in hibernation it […]

Competing requests for Christmas holiday?

  Christmas is a time when many employees want to take their annual leave, whether it is for religious or childcare reasons or simply so that they can indulge in mince pies and sale shopping. How should you deal with the barrage of holiday requests from employees all wanting the same period off work? The […]

Top 5 new year resolutions for HR practitioners

As demonstrated by our articles in this special Christmas bulletin, the festive season can be a stressful time for HR professionals. After managing competing holiday requests and dealing with the fall out of Christmas party punch-ups (we hope not), January may feel like a time for hibernation not housekeeping. But with proper policies and procedures in […]

Christmas punch, not Christmas punch-up!

Your work Christmas party will undoubtedly soon be taking place with crackers being pulled, wine consumed and (possibly questionable) dance moves thrown. It will hopefully be a good-humoured and happy experience for all but what happens when things go wrong, for example, when colleagues brawl or discriminatory insults are made. An employer needs to be […]

Dreaming of a white Christmas?

Dreaming of a White Christmas?  In reality, dreams of ‘snow days’ are often an HR Manager’s nightmare, with serious travel and childcare disruption, and concerns over unauthorised absences. We set out the key considerations for employers facing a frozen flurry. Be flexible Remember that there will be members of your staff who are more aversely […]

Festive fall-outs: a seasonal headache for employers

Even the best laid plans in preparation for workplace functions may not work out and employers can be left having to address the fall-outs formally. Two recent tribunal cases have addressed the inconsistent treatment of employees following work parties which involved the wrong kind of “punch” altogether. Other than giving us an unprecedented opportunity to include […]

Rules permitting Sikhs to wear turbans in the workplace

On 1 October 2015 a new provision of law was introduced which permitted workers practising the Sikh faith to wear their turbans in the workplace. This extended the right for Sikhs to wear their turbans on construction sites, and in safe environments, closing the loophole that meant Sikhs could not wear their turbans in hazardous environments […]

Scope of Equality Act widened to cover corporate claimants

The Employment Appeal Tribunal (EAT) has held that a limited company that was a member of an LLP could bring a claim alleging the LLP had directly discriminated against it based on the age of its principal shareholder in the case of EAD Solicitors LLP and Others v Abrams (UKEAT/0054/15). Previously only individuals were considered […]

Cases on the horizon: agency workers

Readers may recall our earlier report on the case of Moran and others v Ideal Cleaning Services Ltd which dealt with the scope of the Agency Workers Regulations 2010 (the AWR). The question under consideration was the meaning of “temporary” in regulation 3 of the AWR which states that an “agency worker” is a person “supplied […]

National minimum wage

As you hopefully know, all workers are entitled to be paid at a rate which is not less than the national minimum wage. How much is the national minimum wage? The rate of the national minimum wage is set by the Government. It generally changes with effect from 1 October each year. The current and […]

Rules on rest

Rules about rest periods can easily get overlooked, particularly when there is an unexpected rush of customers or because a colleague has called in sick so work needs to be covered. However, employers would do well to remember that there are some strict obligations that they should comply with: A worker’s average working time must […]

Running recruitment processes

Before you launch into placing an advert or calling a recruitment consultant, pause to think about exactly what it is your organisation actually needs. For instance: Is a permanent or a fixed-term employee required or is engaging an agency worker more appropriate? The latter generally gives you more flexibility and less exposure to liability Do […]

Agency Worker Rights: How far do employers have to go in relation to agency workers and permanent vacancies?

Organisations using temporary workers supplied through temporary work agencies will no doubt be familiar with the requirements of the Agency Workers Regulations 2010 (AWR).  As well as providing for equal treatment for agency workers as against comparable permanent employees in respect of certain basic working and employment conditions, the AWR also gave agency workers the […]

How to handle tube strike disruption in the workplace

Given the tube strikes last month, employers will undoubtedly have already faced employees encountering travel disruption difficulties. With the winter approaching, perhaps snow will be the next cause for disruption. Some employees may arrive late to work, want to finish their working day earlier in anticipation of travelling home and some employees may not make […]

Hiring Agency Staff during Strike Action: Consultation Announced

Recruitment sector businesses are currently prohibited from providing agency workers to organisations whose employees are taking part in strike action.  However, this may all change with a Consultation announced by the government on 15 July 2015. The aim is to ensure that strikes are the result of a “clear, democratic decision” and to tackle what […]

Tips about tips

Payment of tips and gratuities in the restaurant industry is perhaps more common than in any other sector. These are spontaneous amounts paid voluntarily by the customer. Set out below are some pointers on dealing with these sums from an employment law perspective: 1) If a tip or gratuity is paid directly to your employee […]

Holiday Cases Continue to Keep the Tribunals Busy

The Employment Tribunals and Courts in both the UK and Europe continue to consider the vexed question of holiday entitlement and pay, including whether overtime and commission should be included in holiday pay, how long a worker on sick leave can carry over holiday which is untaken and how long unpaid holiday pay can be […]

Mark Carney’s speech of 10th June 2015 – the implications for employers and employees

The Governor of the Bank of England, Mark Carney, gave his annual speech at Mansion House on 10th June 2015.  As ever, this speech grabbed headlines for its discussion of raising interest rates and the potential benefits of deflation. But of equal interest and importance will be the implications of Mr Carney’s call for the […]

Significant changes to company law in the UK, Small Business, Enterprise and Employment Act 2015

The government’s aim in introducing the Act is to enable small businesses to innovate, grow and compete. The hope is also that internationally it will endorse the UK as a trusted and fair place to do business. The Act received Royal Assent on 26 March 2015 and is set to have a significant impact on […]

More challenges to taxation of Settlement Agreement payments?

In a tax case just published, the Tax Chamber of the First Tier Tribunal has made an important decision which will have impact for employees and for employers in the tax treatment of certain types of compensation payments to employees on the termination of employment. In A –v Commissioners for HM Revenue & Customs the […]

Tribunal confirms commission element of holiday pay

Many businesses will be aware of the case of Lock v British Gas which concerned a salesman whose earnings were largely made up of commission. In May 2014, the European Court held that Mr Lock’s holiday pay ought to include an element of commission. This was not simply the commission that Mr Lock had earned […]

Imminent Employment Law Changes

Family Pay From 5 April 2015, statutory maternity, adoption, paternity, additional paternity and shared parental pay will be £139.58 per week (up from £138.18). By way of a reminder, maternity pay entitlement (which is probably the most common form of family pay that employers deal with) is as follows: 6 weeks payable at the rate […]

Employment Intermediaries and False Self-Employment: the “Agency Legislation”

There is confusion over the new Agency Legislation and businesses should treat it with care and determination. Changes to the agency rules requiring PAYE to be applied to payments made by intermediaries to workers have produced uncertainty as well as giving rise to potentially onerous requirements on agencies.  They require immediate thought and action by […]

Regulation of the Recruitment Sector

2013 saw a period of consultation on the government’s proposals to simplify and streamline the regulation of the recruitment sector, much of which is currently set out in the 2003 Conduct of Employment Agencies and Employment Businesses Regulations, with which those in the sector should be familiar.  The government stated that the rules should be […]

Agency Workers Regulations

It has been over three years since Vince Cable’s announcement that the government was committed to reviewing the Agency Workers Regulations (AWRs), despite a proposed review period of 18 months.  The expressed aim of the review is to “simplify and streamline the UK recruitment sector…scrapping unnecessary rules and making the remaining ones more comprehensive to […]

What’s in store for 2015?

An overview of employment law affecting the recruitment sector January 2015 Ban on “overseas only” recruitment The ban on “overseas only” recruitment by employment agencies took effect on 5th January.  Employment agencies and employment businesses are now restricted from advertising vacancies for roles based in Great Britain in another EEA country, without also advertising the […]

Looking ahead at 2015

Employment law this year, as in every year, faces significant changes in 2015. In the first half of the year, we can expect to see: The introduction of Shared Parental Leave – 5 April 2015; This new system will come into force for children whose expected week of childbirth, or date of placement for adoption […]

Top 5 New Year resolutions for HR practitioners

***** Stop Press: Katee Dias was recognised as a “Star Legal Writer” by the The Lawyer for this article. ***** Katee Dias Employment Lawyer Goodman Derrick Top Five HR Resolutions As January is often seen as the time for instigating change, we thought it would be helpful to consider some possible New Year resolutions for those of […]

Employment Law Changes in October – Minimum Wage and Antenatal Care

October 2014 brings yet more changes to employment law, including: National Minimum Wage On 1 October, the national minimum wage hourly rates increased to: £3.79 (from £3.72) for those aged 16 and 17 years old; £5.13 (from £5.03) for those who are 18 to 20; and £6.50 (from £6.31) for those aged 21 or over. […]

Ban on exclusivity clauses in zero-hours contracts

The government has announced its intention to ban the use of exclusivity clauses in zero-hours contracts where that contract prevents the individual from working for another employer even when their main employer does not provide them with work. It is estimated that 1.4 million workers work under zero-hours contracts and, of these, 125,000 are subject […]

Is an agency worker who is permanently assigned to an end-user covered by the AWRs?

No, according to the EAT, in the case of a group of agency workers who were assigned to one hirer for periods ranging from between 6 and 25 years. The Agency Workers Regulations 2010 define “agency worker” as “an individual who is supplied by a temporary work agency to work temporarily for and under the […]

Is it correct that a contract can only be implied between an individual worker and an end-user where it is necessary to do so?

It is generally accepted that, where a worker is supplied to work for an end-user through a recruitment business, a contract can only be implied between an individual and the end-user where it is necessary to do so in order to give effect to the reality of the relationship (James v Greenwich LBC). The concept […]

Are post-termination restrictions on a recruitment consultant enforceable where information is widely available on social media?

The High Court has recently held that 6 month non-dealing and non-solicitation post-termination restrictions were enforceable by the recruitment business against a former employee as the recruitment business had a legitimate business interest to protect, even though much of the information was in the public domain (East England Schools CIC (trading as 4myschools) v Palmer […]

Employment Tribunal Fees

29 July 2014 will mark the first anniversary of the introduction of legal fees in the Employment Tribunal. Heavily publicised and politically charged, the introduction of fees for submitting a claim, and further fees for progressing to a full hearing, has had a considerable impact on the Employment Tribunal System, as demonstrated in brief by […]

Should Holiday Pay Calculation Include Sales-related Commission in Addition to Basic Pay?

————————————————– Do you want to stay on top of the implications of this important ruling? Please click here to register for bulletins and to complete our very short survey. ————————————————– Yes, was the view of the European Court of Justice (ECJ) in Lock v British Gas Trading Limited last week. This decision is consistent with the earlier opinion […]

Obesity: Is It a disability or not? New discrimination law?

A case is currently being considered by the Court of Justice of the European Union concerning obesity and a ruling is expected shortly. Whichever way the Court decides, this will be an important decision for UK employers and employees. Below we confirm the current UK law on this tricky issue and the reasons this might […]

Flexible Working Requests – Important Changes From 30 June 2014

On 30 June 2014 the rules governing flexible working requests will be changed in the following ways: • The right to request flexible working will be extended to all employees with 26 weeks’ service • The statutory procedure which employers are currently obliged to follow when replying to a request will be replaced with an […]

Occupation Health Reports – Opinion That Employee Not Disabled Under The Equality Act 2010 Does Not Give an Employer a Defence For Failing To Make Reasonable Adjustments

In the recent case of Gallop and Newport City Council (2013 EWCA) the Court of Appeal decided that an employer cannot simply rely on their Occupational Health adviser’s opinion that an employee is not disabled under the discrimination legislation to avoid liability to make reasonable adjustments. Under the Equality Act 2010 employers have a duty […]

Penalty Clauses in Commercial Agreements Following El Makdessi v Cavendish Square Holdings

It is common for parties to commercial agreements to agree mechanisms for resolving breaches of their agreement without having to resort to legal proceedings. Typically this is done by incorporating provisions, such as forfeiture or compulsory buy-back clauses, into a contract which are activated upon one party’s breach of its terms. In such a situation, […]