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Employment Law News
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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In the latest statistics released from the Ministry of Justice, Employment Tribunal Claims have tripled in the 3 months between April and June 2018. It is reported that the number of single claims reaching the Employment Tribunal has more than doubled when compared with the same quarter in 2018. Statistics reveal there were more than...
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What is an employment settlement agreement? A settlement agreement is a legally binding agreement between an employer and employee. Usually the employee will receive a severance payment in return for their agreement not to pursue a claim in a court or employment tribunal against the employer. Do you need to see a solicitor? Yes –...
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If cash in hand jobs were abolished it would raise an additional 6 billion pounds in tax revenue and would benefit the working economy, says a new Government report commissioned last month. The report suggests that rather than paying cash in hand to workers such as window cleaners, plumbers and other traders that there should...
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A major consideration when setting up a new business is the recruitment and retention of good staff. One thing to be mindful of is the requirement of the Equality Act 2010 which protects individuals against work-related discrimination. This includes job applicants as well as staff, contract workers and partners. When recruiting staff, employers must not...
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