New Holiday Pay Case: Employers must include commission in holiday pay
We have recently reported on the rapidly developing case law for employers on how to correctly calculate holiday pay. The Leicester Employment Tribunal has now given us the much awaited decision in the...
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The votes have been counted, but what does the election result mean for...
The polls and pundits may have got it wrong, but on 7 May, the Conservative party received enough votes to form a majority government for the next five years. Far from looking at which party pledges...
View ArticlePost-Election Analysis for Employment Law: So what happens now?
The polls and pundits may have got it wrong, but on 7 May, the Conservative party received enough votes to form a majority government for the next five years. Far from looking at which party pledges...
View ArticleWoolworths: from the High Street to the Courtroom – collective redundancy...
Although the collapse of the UK retailer Woolworths took place nearly 7 years ago, the litigation that has followed continues to raise important legal points even now. Most notably, the ‘Woolworths’...
View ArticleWhen an employee behaves improperly they can be fairly dismissed
Barton v Royal Borough of Greenwich [EAT, May 2015]. In this case a trade union rep made a complaint to the Information Commissioner’s Office (ICO) that he thought a manager had sent “hundreds” of work...
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Pensions auto-enrolment rules start to kick in for small and micro employers
The pension rules have changed. By 2018 every employer with one or more members of staff must enter them into a workplace pension scheme and contribute towards it. Big businesses have been complying...
View ArticleDisciplinary Proceedings – Do you pause for employee grievances?
You invite an employee to a disciplinary hearing on charges of misconduct. The employee is unhappy with the situation and starts raising grievances about their manager and treatment. It’s a familiar...
View ArticleThe Impact of the National Minimum Living Wage
The budget released on 08 July 2015 announced a National Minimum Living Wage (NMLW) for individuals over 25 causing many employers to be concerned whilst employees look set to celebrate. Present...
View ArticleTUPE – who decides whether an employee who is subject to disciplinary...
The case of Jakowlew v Saga Care has interesting, but not uncommon facts. Mrs Jakowlew had been working for Saga on a contract for the London Borough of Enfield along with a group of other employees....
View ArticleHoliday Pay Calculation: Update
In the last 12 to 18 months there have been a whole host of cases dealing with the issue of holiday pay and what should be included when calculating sums due to employees. We have previously reported...
View ArticleGender Pay Reporting is Coming
The Government is currently considering obliging some employers to publish information about the pay of their workforce and, in particular, the differences in pay for the same roles carried out by men...
View ArticleDoes travelling for work count as “work”? European ruling poses challenge for...
A ruling handed down by the European Court of Justice (ECJ) this week could present many employers with some difficult issues to consider, warns leading South West law firm Stephens Scown. The ECJ...
View ArticleDismissal fair for Facebook comments made two years previously
Social media is a highly effective tool that many employers use to market their business. It is, however, something of a double edged sword because it can also be used by employees and third parties to...
View ArticleSmelling of Alcohol: An unfair reason to dismiss
The recent employment tribunal decision in McElroy v Cambridgeshire Community Services NHS Trust sheds light on traps employers can fall in to when looking to dismiss an employee for misconduct in what...
View ArticleVolunteers in your organisation – how to get it right!
The legal position of volunteers is not a simple issue but it is one that concerns many employers both within the third (voluntary) sector and beyond. Organisations often find volunteers to be an...
View ArticleThe benefits and pitfalls of probationary periods
New research into probationary periods has revealed that a fifth of new recruits fail their probationary period or have it extended, mostly because of issues of poor performance or absence. Bearing...
View ArticleTermination payments – fairer, simpler, cheaper, costlier?
On 24 July 2015, Her Majesty’s Revenue and Customs launched a consultation on the tax treatment of termination payments called “Simplification of the tax and national insurance treatment of termination...
View ArticleWorking Time and the National Minimum Wage
Compliance with the National Minimum Wage (NMW) is high up the government’s agenda and should be at the forefront of employers’ minds. The implications of failing to comply with the regulation are...
View ArticleYOU’RE HIRED … so now what?
Whether a seasoned employer, or taking on your first employee, it can be easy to overlook what employment documents you must have in place, and by when. Must I always provide a contract of employment?...
View ArticleThe Living Wage is Coming – but will employers be able to pay it?
The Living Wage could add £1,000 per employee to the annual wage bill of companies employing low paid workers. However, businesses may have to make some far-reaching changes in order to pay it. Most...
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