The government has responded to its latest consultation on the Conduct of Employment Agencies and Employment Business Regulations 2003, announcing its proposals for change and confirming once again that job boards will not be excluded. New regulations have been published which will include an extension of the requirement to advertise in Great Britain as well […]
Following the decision in Lock v British Gas, it is now an established principle that commission should be taken into account in calculating the amount that an employee should receive whilst on holiday. Commission would usually relate to an earlier period and therefore be paid whilst an employee is on holiday, but how do we […]
On 1st April 2016 the government’s new mandatory National Living Wage of £7.20 per hour for workers aged 25 and above will become law. Paying a worker less than the National Living Wage will be a breach of National Minimum Wage (“NMW”) legislation which could lead to fines and/or an organisation being named and shamed […]
Long gone are the days when your boss could, completely out of the blue, walk up to your desk and shout ‘You’re fired!’…or are they? The Employment Appeal Tribunal (‘EAT’) recently considered the issue whether a series of relatively minor acts of misconduct can be “aggregated” to justify a fair dismissal without any prior warning. […]
From April 2016 organisations that fail to pay tribunal awards or settlement amounts can be subject to financial penalties. The legislation which allows these penalties has already been passed, and following a specific parliamentary question, an intended implementation date of April 2016 has been confirmed. Individuals who settle claims or who are awarded amounts by […]
No, provided that the reason why the request is being made is not due to the employee’s race, which includes colour, nationality, ethnic or national origins. In the recent case of Kelly v Covance Laboratories Ltd, the Claimant, who is of Russian origin, was asked by her employer to speak in English rather than in […]
A recent case reminds employers of the need to be careful in both giving of references and agreeing references as part of settlement agreements. In Pnaiser v NHS England and Coventry City Council, the Employment Appeal Tribunal considered whether the giving of a verbal reference which implied that the claimant had a poor sickness record, […]
From January 11th 2016, employees and workers on zero hours contracts have a right to complain to an employment tribunal if they are dismissed or suffer detriment as a result of working for someone else in breach of an exclusivity clause. Since May 2015, these clauses have been unenforceable and now, with the new measures, […]
The government has launched a campaign which aims to change the country’s perception of pensions in the workplace and to remind employers of their workplace pension’s duties. More information about the campaign is available here. Since the introduction of the automatic enrolment into workplace pensions in 2012, every employer with at least one employee is […]
Long term absence and disability discrimination Disability discrimination is one of the most complex areas of employment law and employers are ill advised to move to dismissal prematurely. In a recent case the Employment Appeal Tribunal (EAT) held that an employment tribunal (ET) must consider whether the employer could have been expected to wait a […]
