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Employment Law News
In a recent Employment Tribunal case a hairdresser won the right to claim notice pay, holiday pay and redundancy pay in what is being called a landmark case in employment law. Meghan Gorman worked as a self-employed hairdresser for 6 years. The employment tribunal in Manchester found that the level of control she retained over...
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The Law Society of England and Wales has warned that the employment tribunal system needs increased resources to assist in clearing the backlog of employment tribunal claims ahead of the anticipated surge of claims as a result of Covid-19. Since employment tribunal fees were scrapped in 2017 there has been a significant increase in claims...
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April brings a new tax year and a host of Employment Law updates. From 6th April 2020, the calculation of holiday pay for people who work variable hours will change from an average of the preceding 12 weeks to the preceding 52 weeks or from the commencement of employment if that is shorter. A new...
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Government advice and guidance in response to the COVID-19 Global pandemic is developing on a daily basis. Employment Law is one of the areas most significantly affected by the ongoing changes.   The Government announced on Monday 23rd March that all non-essential retail outlets are to close with immediate effect, following the earlier imposition of...
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The Employment Tribunal sitting at Norwich has ruled that ethical veganism is a philosophical belief in an unfair dismissal case brought by Mr Casamitjana against the League Against Cruel Sports. Before a decision can be made by the ET regarding whether or not the Claimant was dismissed for gross misconduct, they had to decide whether...
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Did you know the duty on employers to maintain National Minimum Wage records moves to the transferee when a TUPE transfer takes place? The Employment Appeal Tribunal confirmed in Mears Homecare Ltd v Bradburn and others (May 2019) that the duty on employers to maintain National Minimum Wage records moves to the transferee (or ‘new’ company)...
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When considering the enforceability of restrictive covenants in employment contracts (also known as post-termination restrictions) they will be deemed void unless they go no further than is necessary in order to protect the employer’s legitimate business interests.  What is considered reasonable will vary on a case by case basis but will include consideration of a...
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What is TUPE? TUPE refers to the “Transfer of Undertakings (Protection of Employment) Regulations 2006”. The TUPE rules apply to organisations of all sizes and protect employees’ rights when the organisation or service they work for transfers to a new employer. If the business relocates, do you have to relocate? Ordinarily, if an employer moves...
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