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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
This month the Government published its response to the summer 2015 consultation on ‘Closing the Gender Pay Gap’ and the new draft regulations – draft Equality Act 2010 (Gender Pay Gap Information) Regulations 2016. The response and the draft regulations lay out the framework for the new compulsory gender pay gap reporting regime, likely to […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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? 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 […]
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 […]
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 […]
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 […]
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 […]
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 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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
Following the Budget last Wednesday, talk has turned to the minimum amounts that should be paid to workers over the age of 16. As you will know, at least the national minimum wage must be paid. Current rates (per hour) are: Until 30 September 2015 From 1 October 2015 For those aged 21 and over: […]
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 […]
New legislation has recently been passed to stop you compelling any of your workers who are engaged on a zero-hours contract from working exclusively for you. The new law effectively makes any provisions in a zero-hours contract that seek to prohibit the individual from doing work or performing services under another contract or arrangement unenforceable. […]
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 […]
With the general election results now declared, it is worthwhile looking back at the Conservative Party’s manifesto pledges to consider the possible impact on HR professionals in the hotel and leisure sector. 1. ZERO HOURS CONTRACTS A key pledge was that exclusivity clauses (being provisions which restrict the individual from also being engaged by any […]
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 […]
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 […]
Katee Dias is a Senior Solicitor in Goodman Derrick’s Employment practice and a member of the firm’s multi-disciplinary Leisure sector team. Katee’s article first appeared in the 23rd January edition of ”The Caterer” magazine. ————————————- If you don’t proceed with care, you may well find yourself with a disability discrimination case on your hands. The problem It is […]
Katee Dias is a Senior Solicitor in Goodman Derrick’s Employment practice and a member of the firm’s multi-disciplinary Leisure sector team. Katee’s article first appeared in the 13th February edition of “The Caterer” magazine. —————————————————————– Employers should be aware that if severe obesity stops an employee carrying out their job, it can be considered a disability, says […]
A shareholder of a company may also have employment rights, including the right to be paid, when services are carried out for the company. This was confirmed by the Court of Appeal in its judgment of 5th February 2015 in the case of Stack v Ajar-Tec Ltd. This is an noteworthy case for anyone interested […]
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 […]
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 […]
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 […]
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 […]
The new shared parental leave system has now come in to force, pursuant to the Children and Families Act 2014, and will apply to parents of babies due on or after 5 April 2015. The new system does not mean that the existing maternity and paternity leave and pay provisions will be repealed, and shared […]
Q: Can an employee who simply overeats and is consequently overweight be protected for the purposes of employment law? A: Potentially, yes. Whilst there is no free-standing protection against discrimination on the grounds of obesity, an employee may be protected under disability discrimination laws. This question was at the heart of a recent European case […]
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 […]
***** 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 […]
Clare Gilroy-Scott, a senior solicitor in the Employment Department, represents Mr Conley King in his claim against The Sash Window Workshop (TSWW) for back-dated holiday pay from 1999 up to the termination of his contract in 2012. On 4 November 2014 the case was heard in the Employment Appeal Tribunal (EAT) immediately after the handing […]
Earlier this month, an Employment Appeal Tribunal (EAT) judgment in three joined cases (Bear Scotland Limited & Ors v Fulton & Ors; Hertel (UK) Limited v Woods & Others and Amec Group Limited v Law & Ors) has confirmed: (i) that all elements of a worker’s normal remuneration (including payments in respect of non-guaranteed overtime) […]
Many of you will remember the Davies Report from 2010, which recommended an increase in the number of women on the board of directors of listed UK companies. One of the aims outlined in that report was for the FTSE 100 companies to have a minimum of 25% female board representation by 2015. Statistics published […]
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. […]
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 […]
————————————————– 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 […]
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 […]
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 […]
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 […]
As with 2013, there will be no rest for employment law advisers, employers and HR practitioners in 2014, with further legislative change on the agenda. Many of the changes hail from the government’s Red Tape Challenge following its publication of the report “Progress on Reform” on 14 March 2013, which detailed the intended timetable for […]
This year saw a raft of changes to employment law being introduced by the coalition government and 2014 will be no different with a number of measures scheduled to come into effect in the coming months. Below is a summary of the changes that are planned for the ACAS conciliation regime and the Transfer of […]
The current controversy over the issue of zero-hours contracts is focused on the fact that they leave workers with little stability or security, uncertainty about earnings and vulnerable to exploitation by their employers. While a generous interpretation of zero-hours contracts may describe the arrangement as one in which the worker is placed on an equal […]
Wide-ranging pension reforms were introduced by the Pensions Act 2008 and came into force on 30 June 2012. All UK employers will be required to auto-enrol eligible workers into a pension scheme and make mandatory contributions, in a process staged over several years. The process is not a simple one, as evidenced by the twelve […]
Employers and their Human Resources advisers face constant difficulties in trying to avoid potential pitfalls posed by current employment and discrimination law. This bulletin addresses, in a practical way, some issues commonly dealt with by Human Resources departments and gives realistic guidance on how to reduce the risk of employment related litigation in these areas.
Click here for our latest newsletter which gives the hotel and leisure sector details of recent and proposed legislative developments as well as addressing the question of whether obesity can ever be classified as a disability.
An Employment Tribunal has decided that a temporary work agency which transferred a group of agency workers off zero hours contracts onto guaranteed hours contracts did in fact comply with the Agency Workers Regulations 2010 and that the Swedish Derogation could be relied upon [Bray and others v Monarch Personnel Refuelling (UK) Ltd ET/1801581/12 and others].
This article gives the hotel and leisure sector practical tips and guidance on how to deal with a number of important employment issues, including how to protect business interests and how to deal with snow days.
Employee sickness is something that most employers face at some point. Read here about how to deal with sickness absence issues.
There are a number of company law proposals expected to be implemented in 2013. These include reforms relating to executive remuneration and the introduction of the new employee-owner status
The Government has a wide variety of new legislation currently going through Parliament, which it intends to bring into force next year. This should make for a very interesting and challenging 2013 in the employment and discrimination arena
Court of Appeal overturns High Court Decision on Unfair Prejudice
Many staff will want time off over Christmas, and it’s not always possible to accommodate every request. So its important to ensure you have a sensible system for deciding who get to take holiday.
Read here for a summary of the rules regarding rest breaks that should be given to workers.
The contra proferentem rule broadly states that where there is doubt about the meaning of a contract, the words will be construed against the party who put them forward. This is because a party who imposes terms on another must make those terms clear and should suffer the consequences if it fails to do so. […]