Newsletters

On Yer Bike

As those well-intentioned, ‘get fit’ resolutions already begin to wane, we thought we’d try and give you a boost by kicking off this year with a couple of news stories connected (loosely) by jobs requiring a love of two wheels.  Moreover, they both concern issues of...

Turning the Tables

Following a number of high profile sexual harassment scandals, (#timesup, #metoo); the Equalities and Human Rights Commission has published a report highlighting the prevalence of sexual harassment in the workplace and the widespread failure by employers to adequately...

The Sound of Silence

If an employee works without protest following changes to their terms of employment, they will be deemed to have accepted them, right?  Don’t count on it, says the Court of Appeal in Abrahall v Nottingham City Council.    An employer who wants to make adverse changes...

Uber-Guide to the Gig Economy

What is the ‘gig economy? The gig economy describes a section of the labour market that is characterised by the use of short-term contracts or freelance work, as opposed to permanent jobs.  Businesses pay individuals for each assignment (or ‘gig’) that they perform,...

Call of Duty

Many businesses, including Uber and Deliveroo, are eagerly awaiting the decision of the Supreme Court in the case of Pimlico Plumbers v Smith, which is grappling with the fundamental question of what exactly is a worker? We shall report on that decision as soon as it...

Good Work Plan

Back in April 2018, we reported some of the key proposals of the Taylor Report as part of our Guide to the Gig Economy.   These proposals are slowly working their way into legalisation (when Brexit allows them a look-in) and this year looks set to introduce some...

Flexible working…but at what cost?

As the employment market moves towards increasing flexibility, a YouGov survey has reported that just 6% of the UK work traditional 9am-5pm hours.  Spearheading the charge, Accountancy firm PwC has recently announced a flexible working scheme that would allow staff to...

Suspension Pitfalls

In cases such as Gogay v Hertfordshire County Council (2000) and Crawford v Suffolk Mental Health Partnership NHS Trust (2012), the Court of Appeal has made it clear that suspension must not be a ‘knee-jerk reaction’.  Failure to consider whether suspension is...

Something for Father’s Day

The House of Commons' Women and Equalities Committee has published a report, ‘Fathers and the workplace’ (http://bit.ly/fathers_workplace), making a number of proposals to improve fathers' rights at work.  Building upon the introduction of shared parental leave, the...

Duty of care on giving a reference

Employers are generally aware that, when giving a reference, they owe a duty both to the employee and to any prospective new employer who may rely upon it.  The employer must take reasonable care to ensure that the reference is fair, accurate and not misleading. The...

Taxing Times for Notice Pay

There is currently some uncertainty around the tax treatment of payments in lieu of notice (PILONs).  This can depend upon whether the relevant contract of employment includes a PILON clause (in which case the payment must usually be taxed as earnings), or there is no...

Pay Rise Time!

From April 2018, the National Minimum Wage will be increasing to the following rates: Apprentices: Increase from £3.50 to £3.70 per hour; 16-17 year olds: Increase from £4.05 to £4.20 per hour; 18-20 year olds: Increase from £5.60 to £5.90 per hour; 21-24 year olds:...

More holiday pay headaches

Employers struggling with the recent changes to holiday pay calculations have at least been able to find some comfort in the Deduction from Wages (Limitation) Regulations 2014, which limited claims for back pay to a maximum of 2 years. Unfortunately, the legality of...

Naming and Shaming

Parties involved in employment litigation are acutely aware that the possibility of adverse publicity can provide a strong incentive to resolve a dispute.  But if a negotiated resolution cannot be achieved, the risk of negative publicity may also play a part in...

Additional risk on a TUPE transfer

HMRC has advised that, with effect from 2 July 2018, where there has been a TUPE transfer of employees, all national minimum wage liabilities, including any penalties, will now be enforced against the transferee employer. Employees themselves have always been able to...

Compensation Increases

On 6 April 2018, there will be an increase in the compensation limits and minimum awards that are payable under employment legislation.   The maximum compensatory award for unfair dismissal will rise from £80,541 to £83,682 (although this is still capped at the value...

Redundancy costs just got more expensive

Many employment rights depend upon the calculation of “a week’s pay”, using the rules set out in sections 221 to 227 of the Employment Rights Act 1996. It has long been accepted practice that employer pension contributions should be excluded from the calculation of a...