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 […]
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 […]
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 […]
Service Contracts – The End of TUPE?
It has often been said that the provisions set out in the TUPE Regulations (Transfer of Undertakings [Protection of Employment] Regulations) are some of the most complex out there. Over the last year the Government has been consulting on the introduction of amendments to the Regulations with a view to simplification. The problem is that […]
Proposed TUPE Changes
In response to consultation on the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) the changes that are due in January 2014 are to make sure both employers and employees are treated fairly when a transfer takes place. The driving force behind the planned change is to help smaller firms that have been put […]
Pension Auto-Enrolment: Avoiding the Pitfalls
The Government is aiming to head-off a future savings crisis with a pension auto-enrolment scheme for employees – and HR departments need to be aware of the potential pitfalls that this new legislation could bring. The latest development that employers need to know about when enrolling staff is new regulations banning consultancy charges. The regulations came into force […]
The Great Repeal Bill
At the Conservative party conference last weekend, Brexit minister David Davis announced that The Great Repeal Bill would be introduced that would mean European Union law ceases to apply from the moment the United Kingdom officially leaves the EU. The Government has said that the intention of this new bill, to be known as the […]
“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 […]
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 […]
BBC Payouts: Lessons for HR Managers
The BBC payouts furore has highlighted the importance of ensuring that severance payments remain within contractual terms. The broadcaster’s Trust Chairman Lord Patten and Director General Lord Hall were called before the Public Accounts Committee because of widespread concerns that more than £25m was paid to 150 people leaving the corporation.It follows a critical report […]
Employment Law Update: Holiday Pay
A court case concluded this week that could have lasting ramifications on UK employment law, as an Employment Tribunal ruled that overtime, commission and other additional payments may now need to factored into employee holiday pay. It is important to note that exactly how employers will be required to enforce this decision has not yet […]
Changes to Paternal Antenatal Rights
This October will see a change to paternal rights as the Government passes legislation granting expectant fathers up to two periods of unpaid leave for antenatal visits. The Government has introduced the changes to paternal antenatal rights as part of their scheme to involve both parents from the start of the pregnancy, which forms part […]
Woolworths Collective Redundancy Outcomes
The Government has been given leave to appeal against an Employment Appeal Tribunal ruling that has moved the goalposts for employers planning company-wide redundancies. The tribunal found in the Usdaw v Woolworths case that administrators Deloitte had not followed the correct consultation procedures when closing the UK’s 800-plus Woolworths stores in late 2008/early 2009. In […]
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 […]
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. […]
Tribunal Fees Under Criticism
Legal experts and union leaders have called for a review of the Employment Tribunal process following the release of new Ministry of Justice figures. The number of single Employment Tribunal claims has fallen by 70 percent in the year since July 2013, when fees for raising a Tribunal claim were first introduced. “This is the […]
The Suarez Incident
One of the standout stars of the 2014 World Cup, and the man responsible for the two goals which effectively ended England’s World Cup dream, Louis Suarez was last week banned for 9 football matches for biting Italian defender Giorgio Chiellini. The incident has caused a global storm, creating debate in all areas of […]
Changes to Flexible Working Rules
We recently saw the announcement of new changes to flexible working rules, providing the opportunity for all UK employees to request different working patterns. This could have a dramatic effect on how we design our working lives, as well as affect our work/life balance. Many employers already offer flexible working for all staff as part […]