In whistleblowing cases – what is the meaning of “public interest”?
“Whistleblowing” is a term used to identify situations in which an employee reports a suspected wrongdoing at the workplace, such as health and safety concerns. As a result of this, the employee makes a “protected disclosure” as defined under the relevant whistleblowing legislation (the Public Interest Disclosure Act 1998 and the Enterprise and Regulatory Reform […]
Holiday pay must include commission following ET’s decision in Lock v British Gas
The employment tribunal has delivered the long anticipated decision on calculating holiday pay in Lock v British Gas. Mr Lock was a sales consultant whose salary included a basic element and commission. Around 60% of his income was made up of commission, paid in arrears and calculated on the number of sales achieved by […]
National Insurance Contributions to be abolished for under 21’s
George Osbourne announced in the 2015 Budget that from 6th April 2015 National Insurance Contributions for employees under the age of 21 will be abolished, with the exception of those earning more than £42,285 a year. It is estimated that employers will save £500 per year for an employee under the age of 21 who […]
PSC tax rules are once again in the spotlight
Last week it was announced that two government departments have received fines amounting to £1.5 million pounds for breaching the off-payroll contract rules. The breach that gave rise to the Ministry of Defence’s fine was due to failing to seek assurance from a number of workers on their tax arrangements as a result of an […]
Shared Parental Leave and pay overview: the birth of a new scheme
Shared Parental Leave (SPL) is a paid family friendly leave that mothers and their spouses/partners may take when the baby is due on or after 5th April 2015. The idea is to give parents a choice in how to look after their offspring during the first year of life. As a result, assuming eligibility criteria […]
Changes to disciplinary and grievance processes: employers must accept workers’ choice of companion
Employees have the right to be accompanied by specific companions to meetings, where that meeting could result in formal warnings and disciplinary actions. Until recently the companion chosen by the employee was subject to a test of reasonableness and, further, employers could refuse the presence of certain companions. This meant that, where there was a […]
Restictive covenants: how can employers assess their losses?
How much should employers expect to recover when an employee leaves the company, breaches contractual restrictive covenants and, for example, solicits clients, poaches staff, uses confidential information or joins a competitor? Typically, a degree of secrecy will be involved and the breach may not become apparent for some time after the event. Consequently, it can […]
Record keeping & reporting requirements for intermediaries
Towards the end of last year HMRC published a consultation on the quarterly reporting obligations arising from the amendments to the agencies tax legislation introduced by the Finance Act 2014. Consequently, where an intermediary has a contract with the hirer to provide an individual’s services, the intermediary must provide HMRC with specific details relating to […]
No TUPE protection for umbrella contractors?
An Employment Appeal Tribunal (EAT) ruling on whether the Transfer of Undertakings Protection of Employment Regulations 2006 (TUPE) applied to a given set of facts raises some interesting questions as to whether the legislation could actually apply, and protect, an umbrella company contractor, ie: an employee of the umbrella working for a third party hirer. […]
Unlawful deduction claims limited to two years under new Regulations
In force from 8th January 2015, the government has introduced the Deduction from Wages (Limitation) Regulations 2014 which: (1) limit all unlawful deduction claims to the period of two years before the date that a claim form is lodged; and, (2) explicitly state that the right to paid holiday is not incorporated as a term […]