No significant change to employment law says Brexit minister
While there has been much speculation about what the impact of an EU exit will be on UK employment law, the new Brexit secretary has promised that there will be no changes when the UK does leave the European Union. Brexit supporters had suggested that leaving the EU would free the UK of restrictive […]
What will Brexit mean for employment rights?
The dust may have started to settle a little after the EU referendum result, but what happens now and what will a Brexit mean for employment rights? The UK government still needs to submit a withdrawal notice to officially start the process of exiting the EU. But this isn’t expected to happen for a while, […]
Morrisons Vicariously Liable for Assault
The Supreme Court has ruled that supermarket chain Morrisons is vicariously liable for an employee’s physical assault on a customer. The ruling has not changed the law, but it does indicate that there is now a broader definition of an employer’s accountability for their employee’s actions. Mr Amjid Khan, at the time an employee at […]
Commission Must Be Included in Holiday Pay
The Employment Appeal Tribunal (EAT) has confirmed that an employee’s average commission must be included in their holiday pay. The judgement, published Monday (22nd February), set out how the European Court of Justice (ECJ)’s ruling will apply in the UK. This is another step in the long-running case of Lock v British Gas, which was […]
Starbucks Loses Workplace Dyslexia Case
A dyslexic employee has won an Employment Tribunal against coffee retail chain Starbucks. Meseret Kumulchew, a barista at a Starbucks in Clapham, London, suffered discrimination in her role after she was wrongly accused of falsifying documents. Ms Kumulchew made mistakes in her role due to her difficulties with reading and writing. Yet instead of making […]
High Court Rules Criminal Record Checks Unlawful
The High Court has ruled the Government’s criminal record disclosure scheme is not consistent with the Human Rights Act. The verdict came on January 22nd after two separate legal challenges. The challengers claimed that having to disclose minor offences is a breach of their right to privacy. They also argued that it is inconsistent with […]
Monitoring Private Emails at Work: What You Need to Know
The European Court has reaffirmed that employers can read private emails and chat messages sent by employees. The ruling has caused a media panic that employers can now ‘snoop’ on their employees, although this is far from the case. Furthermore, given previous UK Employment Tribunals, very little has actually changed. Regardless, with the case generating […]
Is Dismissal for Persistent Lateness Fair?
Can you dismiss an employee for persistent lateness? You can as long as you show that you followed procedure, ruled the Employment Tribunal. The case of Ghartey v Royal Museums Greenwich recently asked the Employment Tribunal to resolve this question after Mr Ghartey, a former visitor assistant at the museum, was dismissed from his role […]
New Penalties for the National Minimum Wage
The Government has published new legislation regarding the forthcoming amendments to the National Minimum Wage. There will be tougher penalties in place for employers who fail to pay the National Minimum Wage. These include doubling the penalty for non-payment and disqualifying guilty employers from holding a directorship for up to 15 years. The legislation will […]
Off-Payroll Workers Facing Crackdown
A Government clampdown on ‘off-payroll’ workers could change the way that companies use freelance workers and contractors. According to leaked reports, chancellor George Osborne is due to outline plans to reduce tax avoidance in this month’s Autumn Statement. The measures, which have not been officially confirmed, are expected to result in a heavy clampdown on […]
Urban Outfitters Opens Unpaid Overtime Debate
Retailer Urban Outfitters has caused a stir in the US by asking for employees to work unpaid overtime during the weekend. An internal email obtained by a US gossip website told employees that it was looking for volunteers to pick and pack goods for delivery over the weekends this October. The email sells the role as a […]
Caste Discrimination Covered Under Equality Act 2010
A former domestic servant has won £184,000 in unpaid wages following the UK’s first claim for caste discrimination. Ms Tirkey worked as a domestic servant for a Mr and Mrs Chandok, first in India and then again in the UK. Ms Tirkey is of Adivasi origin, which some in India consider to be low caste. […]
Employment Law Update: October 2015
It’s almost October, which means that the annual employment law update is just around the corner. We’re taking a look at some of the more significant upcoming legislative changes and highlighting how these may have a direct impact upon your business. National Minimum Wage Increase The National Living Wage is due to come into effect next […]
“Don’t Come Back on Monday” is an Unfair Dismissal
A recent Employment Tribunal has shown how important it is to follow procedure when carrying out a dismissal. Mr Townsend was a driver for Commercial Storage Ltd, a small family business run by Mr Cooke. Mr Cooke called Mr Townsend into work during his annual leave to set up a new truck, which Mr Townsend […]
Care Worker Claims Unpaid Wages for Travel Time
A former care worker is claiming for unlawful deduction of wages due to unpaid travel costs. Caroline Barlow worked for MiHomecare, one of the UK’s largest care providers, for four months. She claims that during this time the company frequently paid her less than the National Minimum Wage as she did not receive any payment […]
Unions Facing Biggest Overhaul in a Generation
The Government has proposed a Trade Union Bill that promises to be the biggest shake up to affect the Unions since the Thatcher era. The proposals, which range from the reasonable to the political, were announced this week by business secretary Sajid Javid. He said that industrial laws were being overhauled in order to protect “the […]
How to Manage Staff When It’s Too Hot to Work
With a second heatwave predicted to hit the UK at the end of July, we’re taking a look at what you need to know when it feels like it’s too hot to work… Whilst the scorching heat at the start of the month seems like a distant memory, early reports predict that we will see a […]
Backdated Holiday Pay Claims Facing New Time Limit
Following last month’s landmark Employment Appeal Tribunal (EAT), the Government has announced that backdated holiday pay claims will be time limited from July 2015. In November the EAT ruled that overtime, commission and other additional payments now need to be factored into employee holiday pay, which led to the Government setting up a task force to […]
Obesity Can Now Be Considered A Disability
The European Court has ruled that obesity can be categorised as a disability should it impede on a person’s ability to participate in work on an equal basis to their colleagues. Following a landmark decision by the European Court (CJEU) that could affect employment rights across Europe, a person suffering from obesity may now be […]
Eight Facts About Shared Parental Leave
HR Solutions have prepared a brief guide to help you familiarise yourself with the new Shared Parental Leave legislation. On 1st December 2014 new employment laws came into effect allowing parents to split parental leave between them. Shared Parental Leave (SPL) applies to the parents who are responsible for any child due (or placed for […]