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, […]
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 […]
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 […]
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 […]
