There are new stricter time limits for making claims under the Coronavirus Job Retention Scheme (furlough). These apply during the extension of the scheme to 31 March. Claims made from 1 November 2020 must be submitted by 11.59pm, 14 calendar days after the month you are claiming for. When this time falls on a weekend […]
The end of the transition period on 31 December 2020 means your business should be taking preparatory steps now to protect its international workforce. EU nationals who are resident in the UK as at 31 December 2020 have the right to continue working and living in the UK under the Settlement Scheme. Those with five […]
As we will all now be aware, the Coronavirus Job Retention Scheme (commonly known as the ‘furlough scheme’) has been extended to be in place until 31 March 2021. You can read more about this in our recent article – Extended Coronavirus Job Retention Scheme Guidance released. On Friday 13 November, HM Treasury published The […]
A major consequence of the pandemic is that our economy is suffering. This is having an impact on everyone with companies and businesses of all sizes and across different sectors finding themselves in financial difficulty. The government has put financial support in place to try and keep businesses afloat during this period. This includes the Coronavirus Job […]
On 5 November, the Chancellor announced that the Coronavirus Job Retention Scheme (commonly known as the ‘furlough scheme’) which was originally due to end on 31 October 2020 would be extended to 31 March 2021. From 1 November 2020 to at least 31 January 2021, the government will pay 80% of wages for hours not […]
The government has just announced further extensions to the Coronavirus Job Retention Scheme (CJRS), also known as the furlough scheme, and Self-Employment Income Support Scheme (SEISS). For further details on how the CJRS operates, see some guidance Job retention scheme. The CJRS was recently extended to the end of November to cover the second lockdown […]
SEISS has been extended for a further six months, with two grants available covering each three month period. In order to be eligible, self-employed individuals must have been eligible for the first and second grants, although there is no requirement that they must have claimed those grants. They must also declare that they intend to […]
The Prime Minister has announced that England will be entering into a national lockdown from Thursday 5 November until at least 2 December 2020. During the lockdown pubs, restaurants, gyms, non-essential shops and places of worship will close but schools and universities will stay open. People should work from home where possible but those industries where working […]
In September the Chancellor unveiled plans for the Job Support Scheme (JSS) which comes into force from 1 November, taking over from the Coronavirus Job Retention Scheme (furlough) that ends on 31 October. We have been waiting patiently for official guidance to be released setting out the finer detail of how the scheme will work […]
The Chancellor has announced plans to increase support through the Job Support Scheme which is due to come into effect from 1 November. The Job Support Scheme will take over from the Coronavirus Job Retention Scheme (furlough) which will come to an end on 31 October. When originally announced back in September, the Job Support […]
The Prime Minister has formally unveiled plans for a new three tier system for implementing local lockdowns restrictions across England. The system uses three levels which are ‘Medium’, ‘High’ and ‘Very High’ to determine the measures to be imposed in certain areas. Most areas are at medium level and those who are currently facing local […]
In most cases, dismissal of an employee without following any sort of formal procedure would lead to the conclusion that the dismissal was unfair. However, in the unusual case of Gallacher v Abellio Scotrail Ltd the Employment Appeal Tribunal (EAT) agreed with the Employment Tribunal’s (ET) decision that dismissal without following a procedure was within […]
The Law Society has given its support to a campaign urging the Government to extend time limits for tribunal claims. The time limit for bringing an Employment Tribunal (ET) claim is currently three months. This can be extended for a period of time while parties engage in early conciliation via ACAS, which effectively “stops the […]
An employee was entitled to bring a claim for unfair dismissal even where there was no reasonable prospect of recovering any compensation, according to an Employment Appeal Tribunal (EAT) ruling in the case of Evans v London Borough of Brent. Dr Evans was– a deputy head teacher involved in financial mismanagement which resulted in himself […]
In the case of Glasgow City Council v Johnstone UKEATS/0011/18 the Employment Appeal Tribunal (EAT upheld a decision by the Employment Tribunal (ET) that two foster carers are employees of Glasgow City Council. In 2011, Mr and Mrs Johnstone were accepted as foster carers by Glasgow City Council. They subsequently brought claims in the Scottish […]
In the case of Morales v Premier Fruits (Covent Garden) Ltd the Claimant, Mr Morales, was employed by Premier Fruits (Covent Garden) Ltd, whose business was hit heavily by the pandemic. In March 2020, the employer proposed a 25% pay cut for all staff and that they each take one week’s unpaid leave a month. […]
With many companies starting to make redundancies as the furlough scheme begins to wind down, there has been much discussion of how to calculate notice pay and statutory redundancy payments, in particular whether these should be based on the employee’s usual salary or the reduced rate that they have been receiving on furlough. On 31 […]
In early September the Government revealed that an estimated £3.5 billion of Coronavirus Job Retention Scheme payments may have been claimed fraudulently or paid out in error. The scheme, which has been in operation since March, has so far cost the Government approximately £35.4 billion and the fraudulent and mistaken payments are thought to make […]
The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 came into force in England at midnight. The Regulations confirm and set out the rules regarding mandatory periods of self-isolation following the rollout of the NHS contact tracing app. The Regulations also increase the level of fines for failing to comply with the self-isolation rules to as much […]
The government has been under increasing pressure to extend the Coronavirus Job Retention Scheme which is going to stop providing support to employers at the end of October. With infection rates of Covid-19 on the rise and anticipation of continued disruption to the economy, the Chancellor has outlined new measures in order to try and […]
In response to the rising number of cases of Covid-19, the Prime Minister outlined new measures in an address to the nation last night to try and tackle the spread of the virus. Boris Johnson reiterated the points he had made to MP’s in Parliament earlier in the day which included guidance that office workers […]
The 25 May 2020 marked two years since the General Data Protection Regulations (GDPR) came into force. Within the UK GDPR is implemented through the Data Protection Act 2018 (DPA). Before the implementation of the DPA, businesses were busy making the necessary preparations to ensure that they would be compliant under the new regulations. This […]
The government has announced new legislation to ensure that furloughed employees who are made redundant will receive a statutory redundancy payment based on their normal rate of pay and not their reduced furlough pay. The same will apply in respect of notice payments for furloughed employees. The new legislation is to come into force today (31 […]
Schools have broken up for summer holidays and more employees are now venturing out and going abroad. Already we are seeing signs of further coronavirus related issues for employers. The first big challenge has been triggered by the government’s sudden decision to impose 14-day quarantine on those returning from Spain.This has implications for employees who […]
Chancellor Rishi Sunak has announced a £30bn plan to boost the economy and prevent mass unemployment as the financial effects of the coronavirus wear on. We have summarised the key points below which will be of interest to employers: Job retention scheme The furlough scheme is due to be phased out over the summer before coming […]
When is an employer vicariously liable (i.e. responsible) for the conduct of its employee? This came up in the case WM Morrison Supermarkets plc v Various Claimants, involving supermarket chainMorrisons and a disgruntled employee. The employee was a senior internal auditor who, acting on a grudge after having been disciplined previously, published personal information about […]
In the case of Ferguson and others v Astrea Asset Management Ltd, four directors and shareholders of an estate management company fell foul of the TUPE – Transfer of Undertakings (Protection of Employment) – Regulations and were dismissed for gross misconduct. The four claimants were directors and senior employees of Lancer Property Asset Management. The […]
The concept of the ‘last straw’ in relation to constructive dismissal claims featured in the case of Williams v Governing Body of Alderman Davies Church in Wales Primary School, where a decision by an Employment Tribunal (ET) was subsequently overturned by an Employment Appeal Tribunal (EAT). The case centred on a primary school teacher, Mr […]
A law firm’s pregnant employee was granted a £23,000 pay-out after being fired for taking two days off with severe morning sickness. Manchester-based solicitors Gowing Law sacked the employee just a week after she started her new job as a full-time administrator. The employee was successful in her claim for unfair dismissal and pregnancy related […]
We are receiving a lot of enquiries regarding staff holiday and holiday-pay during coronavirus.As we ease our way out of lockdown restrictions, it is important to be aware of the rules for the remainder of 2020, as workforces need to be managed for the next six months. A lot of employers hoping for an upturn […]
As the stay at home rule relaxes and businesses get the green light to re-open, employers are making plans to bring their staff back into the workplace. All employers have a statutory duty to ensure the health, safety and welfare of their employees as far as reasonably practicable. The government’s message remains that employees should […]
The president of the employment tribunals for England and Wales has said that he expects a big increase of unfair dismissal claims by reason of redundancy as the government’s furlough scheme is wound up. We know that for many employers the furlough scheme has simply been a means of delaying the inevitable. With changes to […]
The Treasury Direction covering the Coronavirus Job Retention Scheme (CJRS) has been updated to cover the amendments to the original CJRS to allow for flexible furlough from 1 July 2020 until 31 October 2020 when the scheme is wound up. Like the previous Treasury Directions dated 15 April and 20 May this document – The […]
Over the weekend, the government released guidance about upcoming changes to the coronavirus job retention scheme (also known as the furlough scheme). The changes relate to new flexible furlough arrangements that will be available for employers to operate as they ease out of lock down and before the scheme closes as the end of October. […]
On Friday 29 May 2020, the Chancellor announced reforms to the Coronavirus Job Retention Scheme (CJRS) (also known as furlough leave) and outlined a number of changes that will take effect over the next few months. The government have published a factsheet which can be access here. The key points for employers to be aware […]
The government has launched its contact tracing service in England (similar initiatives available in the rest of the UK). The purpose of the initiative is to try and reduce the spread of Covid-19 by tracking down anyone that has been in contact with a person who tests positive for the virus and asking them to […]
The current lockdown is undoubtedly a strange time for us all. However, it does offer an opportunity to pick up tasks that may otherwise have been pushed to the bottom of our to-do list. For many businesses, now is the time for planning for the future and taking whatever measures they can to ensure their […]
Following concerns over a lack of migrant labour as a consequence of Brexit, the government is significantly expanding its Seasonal Workers Pilot, which was first announced in 2018, in order to boost the UK horticulture sector for the 2020 harvest. The scheme, which permits agricultural businesses to take on seasonal migrant workers from outside the […]
Chancellor Rishi Sunak has announced a further extension to the Job Retention Scheme until 31 October 2020. In his speech to Parliament, the Chancellor reported that 7.5 million jobs have been furloughed and the scheme has helped to support nearly one million businesses. It is reported that the scheme has paid out £10 billion so […]
The Chancellor has today announced that the Coronavirus Job Retention Scheme (“Scheme”) will be extended for four months, until the end of October 2020. There will be no changes in relation to how the Scheme is run between now and the end of July 2020. Between August and October 2020 the Scheme will be continue […]
We have prepared a guidance note to assist employers through the uncertain times caused by the coronavirus outbreak. You will find answers to common questions below but if you have any concerns which are not addressed here then please do not hesitate to contact us.
We know that many of our clients have been eagerly awaiting further guidance from HMRC about whether tronc payments should be included in the calculation of wages for the purpose of the retention scheme. The guidance has been updated to confirm that “any tips, including those distributed through troncs” are not to be included when calculating wages. […]
The Coronavirus Job Retention Scheme online portal is now live and can be accessed through the Government Gateway. There is a step by step guide for employers to assist in making a claim through the portal which can be accessed here.
HMRC has just updated it’s guidance to confirm that the Coronavirus Job Retention Scheme will now be available until 30 June (instead of 31 May).
Following on from our previous updates on the Coronavirus Job Retention Scheme, both the government and the Treasury have provided further guidance, details of which are set out below. The most significant change is that employees must have been on the employer’s payroll and included on the employer’s Real Time Information submission to HMRC on or […]
HMRC has published updated guidance about the Coronavirus Job Retention Scheme. This is the fourth version of the guidance since it was initially announced last month. Originally, to qualify for the scheme employees had to have been on an employer’s payroll on or before 28 February 2020. This meant a lot of employees who had […]
Over the weekend, HMRC published some much needed additional guidance about the Furlough Scheme (otherwise known as the Coronavirus Job Retention Scheme). We now know that:
From 6 April 2020, an employee who suffers the death of a child under the age of 18 or a stillbirth (after 24 weeks pregnancy) will be entitled to 2 weeks statutory leave from work. This right will only be available to employees and there will be no minimum length of service requirement. The leave […]
Section 1 of the Employment Rights Act sets out the right for an employee to be given a statement of terms of their employment. Such a statement contains key information such as holiday, salary, job roles etc. New legislation comes into force on 6 April 2020 relating to the rules around written statement of terms. […]
Quick and easy access to employment law data booklet. Following the announcement of our merger with Barlow Robbins, our data booklet which includes easily accessible brief employment law information, will this year be distributed a month later, in May. The data booklet includes the and limits for the upcoming tax year. As we know many […]
Whilst businesses are busy organising their workforces during the current Covid-19, there are a number of changes effective from 6 April 2020 of which employers need to be aware. Statutory rates of pay As usual in April 2020, a number of statutory rates of pay have changed. These are as follows:- Statutory Sick Pay has […]
Data privacy law has always tried to strike a balance between individual rights and overwhelming social needs. With the COVID-19 pandemic now sweeping the world, Governments are taking extreme measures to save lives by encouraging social distancing and tracking infected persons. People in democratic countries are simply not used to some of the measures being […]
The government has updated its guidance on the Job Retention Scheme which we have summarised below. Two additional requirements for employers are that they must have enrolled for PAYE online, which can take up to ten days, and have a UK bank account. The employer must notify the employee in writing that they will be […]
Following on from our articles on the Job Retention Scheme, we address here the support available from the government for the self-employed in response to COVID-19. Self-employment Income Support Scheme (SEISS) SEISS provides a similar level of support to the job retention scheme (80% of trading profits up to a maximum of £2,500 per month […]
The Home Office has released updated guidance to deal with individuals affected by travel restrictions associated with coronavirus (COVID-19). Tier 4 students affected by the coronavirus restrictions Tier 4 students are not normally permitted to undertake distance learning, however if they are forced to due to the current exceptional circumstances, this will not be considered […]
Further to our Coronavirus Employment Law Issues article issued recently, we now have the latest information and guidance concerning the employment law issues with Coronavirus (COVID-19). Self-isolation for coronavirus and Statutory Sick Pay The government have announced this morning that an employee who self-isolates will be entitled to Statutory Sick Pay (SSP). Whilst this is correct if […]
If you are an employee and your employer has just mentioned a ‘settlement agreement’, you are probably wondering what is being offered and what you should do.
The Home Office has updated it’s guidance for individuals affected by travel restrictions associated with Coronavirus (COVID-19). Due to travel restrictions because of coronavirus some individuals may be facing uncertainty in relation to the expiry date of their current visa or leave to remain in the United Kingdom. As this is because of circumstances beyond […]
According to the Resolution Foundation think tank, one in four people over the age of 25 are beingpaid less than the minimum wage. The research also shows that the number of workers over the age of 25 has increased since the introduction of the National Living Wage in 2016 – from one in five prior […]
A legal secretary, Miss Munro, whose colleagues asked about her 50th birthday and sent her abirthday card, claimed she suffered age discrimination as a result.
A transgender woman who claimed she was rejected for a job as a temporary sales assistant withDebenhams has received a £9k settlement. Ava Moore was invited for interview which was said to have gone very well. She was thought to have all the skills and experience needed for the job as well as being able […]
In one of the largest ever surveys of its kind to be carried out, the Government EqualitiesOffice is surveying thousands of victims of sexual harassment as the government continues to address the issue of harassment in the workplace. Wanting to strengthen protection for workers, the government has issued a survey to 12,000 workers, inviting them […]
Liz Earle beauty company has admitted to falling “short of our standards” after they were ordered to pay £17k to a pregnant employee who was made redundant. Helen Larkin, who had worked for Liz Earle for five years, was eight months pregnant when she was given two weeks’ notice of her redundancy. After unsuccessfully applying […]
One of the BBC’s most high-profile presenters, Samira Ahmed, has won the equal pay tribunal shebrought against the broadcaster. Ahmed, as presenter of BBC’s Newswatch, was paid £440 per episode. Yet Vine, as presenter of Points of View, was paid £3,000 per episode. Claiming that these were like-for like roles, Ahmed claimed to have been […]
Many roles in the UK require employees to live close to their place of work. Sometimes, employees are required to live on site. In these circumstances, it is not uncommon for an employee to be offered accommodation as part of their overall work package. If you are considering providing accommodation for your employees, it is […]
An employee who was a victim of a £200,000 email scam has been told she does not have torepay £108,000 to her employer.
With symptoms including hot flushes, mood swings, anxiety, difficulty sleeping and feeling lethargic,menopause can be a difficult time for many women.
The European Court of Justice (ECJ) recently heard two combined Finnish cases concerningemployees who hadn’t been able to take full annual leave due to sickness absence.
As 2019 draws to a close it’s worth looking ahead to those employment law changes coming intoforce next year.
The Information Commissioner’s Office (ICO) has published new guidance about ‘special categorydata’ for persons with data protection responsibilities in larger organisations.
A primary school headteacher who was sacked for having sex with two 17-year-old boys has wonnearly £700,000 in compensation.
There is a lot of buzz around the new IR35 legislation that is due to be introduced in April 2020.
A casual worker is entitled to paid holiday, and their entitlement pay is calculated pro rata by reference to the hours they work. The law on this calculation has developed and recently become complex. If a casual worker believes they have not been paid correctly for their holiday entitlement, they may bring a claim in […]
Harpur Trust v Brazel 
An ex-Tesco manager, who said she was “left in the dark” about changes to her role and subsequently suspended for not accepting those changes, has won her case for unfair dismissal.
Conisbee v Crossley Farms Ltd and others In an intriguing case, the Tribunal considered whether vegetarianism is a belief, and therefore a protected characteristic, or a ‘lifestyle choice’. Mr Conisbee, the claimant, resigned after being told off for not ironing his shirt. As he’d only been employed for five months, he didn’t have the requisite […]
Upton-Hansen Architects v Gyftaki
In an “unusual” move, a tribunal has ruled that a supervisor (as opposed to the employer) should pay a Claimant compensation. During a car journey, the supervisor made several racist remarks to the Claimant. The Claimant then told his manager what had happened, saying that as he considered the supervisor a racist, he didn’t feel […]
The Court of Appeal has found that NHS Trust’s monitoring of working hours and rest breaks was flawed, and junior doctors could be owed £250,000 in back pay.
New laws banning the use of non-disclosure agreements (NDAs) in cases relating to sexual harassment, racial discrimination and assault are set to be introduced by the Government. NDAs related to these cases will be legally void.
A government consultation, which ends this month, could mean that workers’ actual hours are written into their contracts and that last-minute shift cancellations are compensated for.
Forbes v LHR Airport Ltd
Tillman v Egon Zehnder Limited.
Following the abolition of tribunal fees in July 2017, the demand for early conciliation services hascontinued to increase. The ACAS annual report shows a 20% increase in requests in the past year,2.9% of which came from employers.
In the biggest fine to date from the Information Commissioner’s Office, British Airways (BA) has been fined £183 million for a widely publicised customer data breach, whereby users of their website were diverted to a fraudulent site and their details were harvested by hackers.
Wanting to reduce ill-health related job loss in the UK, in July this year the government launched aconsultation entitled “Health is everyone’s business: proposals for reducing ill health-related job loss.”
During last month’s scorching heat wave, the Trade Union Congress (TUC) called foremployers to let staff work flexible hours or work remotely in a bid to help them cope withthe heat.
ICTS Limited v Visram.
Baldeh v Churches Housing Association of Dudley and District Ltd.
The Employment Tribunal (ET) has ruled that it is not unlawful to compulsory retire professors,if their retirement helps to boost diversity.
A recent ruling by the Court of Appeal (COA) has clarified the differing purposes of sharedparental leave (ShPL) and maternity leave.
Theresa Georges v Pobl Group Ltd.
Atholl House Productions Ltd v HMRC.
The government has confirmed its intention to introduce parental bereavement leave and pay.
On 20 May, a 10-minute Rule Bill was introduced in the House of Commons to extend redundancy protection for women and new parents. This is further to the publication of the Women and Equalities Select Committee (WESC) support for the proposal on 1 May.
The Government’s seasonal workers pilot opened in March, to assess how effective the UK’s immigration system is in tackling seasonal job shortages.
The aim of integrity, health and safety, and fair competition should apply to most, if not all, industries and therefore these vital disclosures should be encouraged, not punished.
Employee share schemes are increasingly common and increasingly seen as a cost-effective incentive for rapidly growing businesses in a range of sectors. We have recently seen some of the early schemes we helped to implement now come to fruition, which has been hugely satisfying. So why have employee share schemes become so common? We believe […]
In the case of North West Anglia NHS Foundation Trust v Gregg, the Court of Appeal confirmed that an employer need not postpone a disciplinary hearing while an employee awaits the outcome of a police investigation.
The case of Grange v Abellio London Ltd will be of particular interest to employers as it confirms that non-compliance with (or a refusal to provide for) an employee’s entitlement to a rest break can result in an award of damages for personal injury.
In the recent case of Network Rail Infrastructure v Crawford, for workers deemed “special workers”, compensatory rest need not be an uninterrupted break for 20 minutes. This case concerned a railway signal controller, who had more than 20 minutes’ break available to him in an eight-hour shift but his breaks weren’t for a continuous 20 […]
In a recent landmark case that was hailed the ‘first public sector gig economy victory’, a group of art educators sacked by the National Gallery established “worker” status, despite the Gallery’s claim that they were self-employed.
In the case of De Groen v Gan Menachem Hendon, a teacher was sacked from an ‘ultra-orthodox’ Jewish nursery in London because she was living unmarried with her boyfriend. The nursery, Gan Menachem Hendon, dismissed Zelda De Groen for acting contrary to her employer’s “culture, ethos and religious beliefs”.
Following a recent compensation claim for £300,000 against Cancer Research UK by one of its employees during a staff party, employers may need to review the potential health and safety risks at social events, and think twice before throwing office parties.
A new Government online checking service is set to help employers comply with their duty to prevent illegal working in the UK.
A year ago this month ‘The Beast from the East’ cold wave hit the UK, causing chaos up and down the country.
As a result of new legislation, employers who engage staff on an hourly-rate basis need to be aware that, from 6 April 2019, the right to itemised payslips will extend to all workers, not just employees paid by the hour.
Iceland Foods are in a dispute with HMRC over the company’s Christmas savings scheme.
Gender pay: New legislation introduced in 2018 requires large employers (250 employees or more) to publish their overall mean and median gender pay gaps.
The government has published the Employment Rights (Increase of Limits) Order 2019 which increases compensation limits for employees in various situations, applicable from 6 April 2019.
In the case of Tillman v Egon Zehnder Ltd, the Supreme Court is considering whether professional services firm Egon Zehnder unreasonably restrained trade by means of a covenant preventing its former employee, Mary Tillman, from taking a job with a competitor for six months.
Former Team-GB cyclist Jess Varnish brought an Employment Tribunal claim against British Cycling and UK Sport, with the aim of establishing that she was an employee of the organisation(s).
With so much uncertainty about Brexit, many employers are anxious about the status of their EU employees and employment in the future.
The Supreme Court (“SC”) has clarified what amounts to “unfavourable treatment” for the purposes of a claim for discrimination arising from disability under section 15 of the Equality Act 2010 (“EA”). In Williams v Trustees of Swansea University Pension and Assurance Scheme the SC held that a disabled employee who was entitled to a pension because of […]
There’s been a dramatic rise in Employment Tribunal claims since fees for bringing an employment claim were abolished in July 2017.
Employed parents will have a statutory right to two weeks’ paid leave if they lose a child under the age of 18 or suffer a stillbirth from 24 weeks of pregnancy. The Parental Bereavement (Leave and Pay) Act 2018, which received Royal Assent on 13 September and is due to come into force in 2020, […]
In the case of East Kent Hospitals University NHS Foundation Trust v Levy, an employee in the Trust’s Records department successfully claimed for unfair dismissal following an unusual sequence of events.
Six out of ten women would take into consideration an organisation’s gender pay gap when looking for a job, according to the Equality and Human Rights Commission.
The supermarket Morrisons has failed in its challenge to the High Court that it be held liable for a security breach that saw the personal information of thousands of its staff posted online. The case, the first data-leak class action in the UK, follows the events of 2014 when Andrew Skelton, then a senior internal […]
On 10 October 2018, arguably one of the most highly anticipated court judgments of our time – in the so-called the ‘gay cake’ case – was declared by the Supreme Court.
An employer can be held liable for the unlawful actions of one of its employees if it takes place during the course of their employment. This is known as ‘vicarious liability’. ‘Employment’ is provided with a very wide meaning and can extend to social events that take place off-site and outside normal working hours.
In order to “fulfil the tax obligations of their workers” the Office for Tax Simplification (OTS) has asked the government whether online platforms such as taxi firms or food delivery businesses could deduct tax from earnings.
Nearly 9 in 10 HR professionals have noticed that employees are spending longer at work than is required of them. This is thought to be a reflection of unmanageable workloads and employees feeling more insecure about their jobs.
Following a national survey of LGBT people, the Government Equalities Office (GEO) has published the LGBT Action Plan: Improving the Lives of Lesbian, Gay, Bisexual and Transgender People.
‘Flowers V East of England Ambulance Trust’This case centres around a group of claimants who worked for East of England Ambulance Trust. Occasionally, they were required to work extra time at the end of their shift in order to complete a job such as caring for a patient or dealing with a call made to […]
Pizza Hut have been ordered to pay £15,800 to a schoolgirl who was working as a receptionist in a Pizza Hut delivery branch after she won her sexual harassment case against the firm.
‘Lancaster and Duke Ltd v Wileman’
‘Royal Mencap Society v Tomlinson-Blake’This case considered whether two care workers (Mrs Tomlinson-Blake and Mr Shannon) were entitled to national minimum wage for the whole time they were ‘on-call’ during the night, or just when their services were called upon.Finding in favour of the employer, the Court of Appeal decided that only the time spent […]
The Court of Appeal has recently ruled that an employer who failed to lodge an ET3 in response to an employee’s Employment Tribunal claim should still be able to make submissions in relation to the amount of damages to be awarded. The employee, Jane Hughes, issued a claim in the Employment Tribunal (‘the ET’) on […]
The case of Mbubaegbu v Homerton University Hospital considered when dismissal for misconduct without prior warning can be reasonable. It considered whether when multiple issues arise (even if individually they are not gross misconduct) they could collectively be deemed as misconduct.
In our last monthly update we commented on the case of Ali v Capita Customer Management Ltd. This case concluded that it was not discriminatory to pay a woman on maternity leave an enhanced rate of pay, compared to a man taking shared parental leave.
The Government Equalities Offices has recently published new guidance on Dress Codes and Sex Discrimination. In summary:
The case of Newcastle Upon Tyne NHS Foundation Trust v Haywood considered the matter of when the notice of termination takes effect if an employment contract is silent on when notice is deemed given.
With effect from 6 April 2019, every worker will have the right to an itemised pay statement. This must be at or before the time at which any payment of wages or salary is made.
The pay gap for disabled workers is at its highest since 2013, and disabled workers now earn on average £1.50 less an hour than those without a disability. This is the highest pay gap since the government began publishing comparable data in 2013.
Uber recently announced that it would be providing insurance cover at no extra cost to its drivers over Europe. It is also giving drivers insurance backed protection when not working (i.e. out of driving hours) such as for sickness, having a baby or jury duty.
Self-employed plumber Gary Smith has won his case against his former employer, Pimlico Plumbers. The case concerned whether Gary was entitled to working rights.
This April saw the most significant change to the taxation of termination payments in many years. The intention of the change is to tax payments for unworked notice as though the notice had been worked, though the details of the implementation are inevitably more complicated than that.
It’s less than 12 months since the Employment Tribunal fees were scrapped and already claims are up by 90%.
More than 1500 companies who employ over 250 people failed to report their gender pay gap results on the 4th April. While for many businesses it was a bit of a damp squib, those that failed to report could face a tougher time, not least because failure to report is a breach of the Equality […]
We have just seen the lowest unemployment figures since May 1975, but despite this positive outlook, in many parts of the country the High Street is suffering. Already in 2018, according to the Press Association, 21,413 staff have been made redundant or had their role threatened – the bulk of these losses being at established […]
The Equalities and Human Rights Commission has identified widespread failures by employers to set out sufficient processes and policies on sexual harassment.
Ahead of the implementation of the GDPR on 25 May, Facebook and its relationship with Cambridge Analytica could set a quasi-benchmark in consumers’ minds about how much their GDPR claim could be worth if their personal data is mishandled.
The issue of immigration has featured prominently in the Brexit debate. Following the decision to leave in June 2016, the UK Government announced it would establish new arrangements for controlling immigration. However, 18 months on and still no concrete plans have been announced.
The case of Capita v Ali concerns a father who took shared parental leave so that his wife could go back to work. The wife was suffering from PTSD and was advised that returning to work could help her condition.
Regulation 5 of the Agency Workers Regulation 2010 (‘AWR’) states that an agency worker is entitled to the same basic working and employment conditions as if they had been directly recruited to their role after a 12 week qualifying period. It is the responsibility of the agency employing the agency worker to pay the agency […]
The recent High Court decision in R (Khan) v Secretary of State for the Home Department  EWHC 105 (Admin) case illustrates the pitfalls of an inadequate RLMT. In October 2012, an Indian national (whom we shall call “Ms P”) started working as a receptionist in a GP practice. Ms P was in the UK studying for […]
Gender reassignment is a protected characteristic under the Equality Act 2010. Yet a case recently emerged in which a female Primark employee received £47,000 in compensation after suffering gender reassignment discrimination.
Tesco is facing an £4 billion equal pay claim from thousands of female shop workers. If this claim is successful, it could result in the UK’s largest ever claim for equal pay, potentially opening the floodgates for other similar claims.
From Westminster to Hollywood and more recently the charity sector, reports of sexual harassment have become a regular feature in headline news.
Despite shared parental leave being introduced in 2015, only 2% of those couples eligible for the leave have chosen to use it. In a bid to boost take up, the government has launched a £1.5 million “Share the Joy” campaign.
While gender pay reporting currently only applies to organisations employing over 250 people, it’s advisable that any organisation employing over 100 people take a keen interest in the legislation as the rules could be rolled out more broadly over time. Although organisations employing less than 250 people aren’t obliged to report, they can do so […]
As you will be aware by now, the GDPR comes into force in the UK on 25th May 2018. If you aren’t already making preparations to ensure that you are compliant with the GDPR, you need to start doing so as soon as possible.
In a complex and ongoing case, the Court of Appeal reversed a ruling by the Employment Appeal Tribunal (“EAT”) which had found that an employee could succeed in a claim for automatically unfair dismissal for whistleblowing even if the person making the decision to dismiss was unaware of the employee having blown the whistle.
In our previous update, we advised you that the Employment Appeal Tribunal (“EAT”) had held that Uber’s drivers are to be classed as workers. This means that they are afforded employment rights, including protection from unlawful deduction of wages, entitlement to the national minimum wage and paid annual leave.
Christmas can be a notoriously tricky time for employers, with numerous social events and of course the inevitable office Christmas party. How can you deal with these situations if something gets out of hand? What do you do about calculating employees’ holiday allowance for the festive period? Our mini guide below will help you overcome […]
A window salesman has been awarded 13 years of unpaid holiday pay by the European Court of Justice (“ECJ”) in the King v The Sash Window Workshop case.
The outcome of the recent case, Marques da Rosa v Varzim Sol, means workers, especially those carrying out shift work, night work, or with irregular working patterns, could have greater flexibility around when they can take their rest breaks.
Male apprentices earn on average 8% more than their female colleagues according to the Young Women’s Trust.
Cross-party support has been given to proposed legislation that would automatically give grieving parents two weeks bereavement leave if they lose a child.
The Part Time Workers Regulations 2000 state that part-time workers cannot be treated less favourably than their full-time counterparts. In a recent appeal to the Employment Appeal Tribunal (EAT) (British Airways v Pinaud), the EAT considered whether a part-time worker working more than 50% of full-time hours, but only paid 50% of a full-time salary […]
Any employer knows any dismissal on the grounds of misconduct can only occur after a thorough investigation. It is not unusual for the former employee to claim that the investigation, and therefore their dismissal, was unfair. In turn, this has led to more and more thorough investigations being carried out.
In April 2017, the government introduced an apprenticeship levy; a tax on UK employers to support the funding of apprentices. Any private or public company with a total wage bill of more than £3 million is required to put 0.5% of their payroll into the levy. Though slightly worryingly, a poll earlier this year for […]
Sleep-in shifts have recently hit the news following a leaked report which revealed many council employees were being paid below the minimum wage.
A recent ruling by the Grand Chamber of the European Court of Human Rights (ECHR) in the case of Barbulescu v Romania will mean employers will have to be very clear with staff if they propose to monitor their internet usage. The case – which centred on a Romanian engineer who was sacked for sending […]
ACAS has issued new guidance related to employees who have a baby or babies that are ill or premature.
September saw the publication of the employment tribunal statistics from April – June 2017.
Those that are successful in a discrimination claim can be awarded compensation for injury caused to feelings as a result of the discrimination they have suffered. In order to decide how much to award for injury to feelings, tribunals use guidelines known as Vento guidelines to decide how much to award in each case.
The Employment Appeal Tribunal (EAT) has ruled that voluntary overtime must be included when calculating holiday pay.
The gig economy is often defined as “a labour market characterised by the prevalence of short-term contracts or freelance work, as opposed to permanent jobs.” Prior to going mainstream, the term ‘gigging’ was most commonly used in the musical world, for those musicians who are only paid per concert, or ‘gig’ they do. Now the […]
The BBC has, once again, found itself amongst a media storm after publishing the salaries of its highest paid stars. It transpired that Gary Lineker was paid ten times more than Clare Balding and the BBC’s highest paid woman, Claudia Winkleman, was paid just a fifth of what its best paid male star, Chris Evans, […]
The Employment Appeal Tribunal recently upheld a ruling by the Employment Tribunal that an employer’s pension contributions should now be included when calculating a week’s pay.
On 26 July 2017 the Supreme Court handed down a landmark judgment, finding that tribunal fees for those bringing employment tribunal claims are no longer lawful.
Shared parental leave (SPL), which came into force in April 2015, allows parents to share up to 50 weeks of leave, 37 of which are paid, following the birth or adoption of a child.
If you find yourself in circumstances where you are offered a Settlement Agreement (formerly known as Compromise Agreement) upon leaving a business, understanding the terms and deciding whether to accept can be quite daunting.
In short the answer is yes but only in certain cases. In the recent months there has been a high level of media coverage on this topic following the European Court of Justice (ECJ) giving judgement in two cases relating to Muslim women whose employment was terminated because of their insistence on wearing headscarves in […]
The Employment Appeal Tribunal (EAT) has recently handed down their judgment in Kent Police v Bowler. They confirmed that an Employment Tribunal (ET) should not infer discrimination simply because the employer’s conduct has been unreasonable, there must also be discriminatory behaviour.
The term ‘gig economy’ is a fairly new term which you are likely to have heard in the media. Some have defined the gig economy as “a labour market characterised by the prevalence of short-term contracts or freelance work, as opposed to permanent jobs”. It is thought that approximately 5 million people work in this […]
If an employment contract is silent on when notice is deemed to be given, notice of termination doesn’t take effect until the notice has been actually received. This may potentially have immense consequences for your company if it means the employee has completed an extra year service by the time they receive the notice, and […]
The Supreme Court has refused permission to appeal to British Gas in the holiday pay case Lock v British Gas. This provides some much needed clarity. We now know that results-based commission (i.e. commission based on sales received) and non-guaranteed overtime (i.e. overtime which employers are not obliged to offer but workers are contractually obligated to perform) must […]
Usually when an employee’s employment is terminated, the appropriate amount of notice must be given by the employer. The Employment Rights Act 1996 sets out the minimum amount of notice that must be given while an employee’s contract could also stipulate that a greater amount of notice must be provided. If the employer dismisses the […]
Determining ‘worker’ status has been a major focus in the world of employment law recently, with several high-profile cases considering the issue. Aslam, Farrar and Others v Uber contemplated whether Uber’s taxi drivers were workers or self-employed contractors, while the employment status of CitySprint’s couriers was deliberated in Dewhurst v CitySprint UK Ltd. The issue […]
As you may have seen in the media recently, despite Brexit, the new apprenticeship levy (“Levy”) is still expected to come into force on 6 April 2017. It is hoped the introduction of the Levy will give employers more influence over how apprenticeships are designed and paid for. This article considers what the Levy is, […]
Employment tribunal fees were introduced by the government in July 2013. They range from £390 for a claim for unpaid wages, to £1,200 for unfair dismissal. Official statistics show that in the year after their introduction, the number of claims brought had fallen by approximately 70%. There has therefore been much debate about whether the […]
Coming into force on 6 April 2017, the government has published the Employment Rights (Increase of Limits) Order 2017 which increases compensation limits for employees in various situations.
Attention employers! Due to the way that the Easter bank holidays fall this year and next year, it is anticipated that some employees’ holiday rights may be breached next year. Depending on the amount of holiday entitlement afforded to employees, together with the wording of their contract, employers may find themselves liable for an unanticipated […]
On 15 February 2017, the government ‘named and shamed’ more than 350 employers who had underpaid their workers the national minimum or ‘living’ wage. Department store Debenhams topped the list of offending employers, having failed to pay £134,894.83 to nearly £12,000 workers. Under the government’s ‘name and shame’ scheme, the names of all employers who […]
In the case of Herry v Dudley Metropolitan Council UKEAT/0100/16/LA an Employment Appeal Tribunal (EAT) has provided some welcome guidance on whether long-term stress will be classified as a ‘disability’ for the purposes of discrimination proceedings.
Last year an employment tribunal heard the case of Aslam, Farrar and Others v Uber where it was held the drivers that brought a claim against Uber were ‘workers’ and accordingly qualified for various rights under employment legislation.
In the Autumn Statement 2016, the government announced major changes to salary sacrifice schemes that are due to take effect on 6 April 2017.
The final draft of the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 (“the Regulations”) has now been published by the government and is due to come into force on 6 April 2017. We will of course keep you updated on any changes to the draft legislation, but in the meantime we thought we […]
According to think-tank High Pay Centre (HPC), by midday on Wednesday 4 January 2017, Britain’s top bosses had earnt more in two and a half days than the average UK worker will make the entire year  The data on the day dubbed ‘Fat Cat Wednesday’ illustrated the stark disparity in pay between the UK’s highest […]
Last year we reported on the Trade Union Act 2016 (the “Act”) which received royal assent on 4 May 2016. The Act contains key provisions which apply to unionised work forces and have an increased effect on public services. In the words of the government, the aim of the Act is to ‘ensure strikes can […]
In the case of Rehman v Jamia Hanfia Ghosia Mosque an employment tribunal has held that a former employee was unfairly dismissed, but was not entitled to any compensation.
There has been much debate in recent months over the legal employment status of workers within the ‘gig economy’ – a growing trend whereby corporations provide their services through a number of ‘self-employed’ contractors who (in theory) choose to work as and when they please. Because of their supposed employment status, those ‘contractors’ would not […]
Every year seems to bring with it changes in the world of employment law and 2017 is set to be no different.