Amanda Sanders (UK)

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Part Year workers holiday not pro-rated

By Amanda Sanders (UK) on July 26, 2022 Posted in Contracts, UK

The UK Supreme Court has unanimously dismissed the appeal in the case of Harpur Trust v Brazel which considered the holiday entitlement of those workers who are on permanent contracts but only work for part of the year (part year workers). The claimant was a part-time music teacher who worked variable number of hours during … Continue reading

Philosophical and religious beliefs: Balancing the issues

By Amanda Sanders (UK) on July 20, 2022 Posted in General, UK

Two recent employment cases regarding “gender critical” beliefs have highlighted the difficulties in this area and whether such beliefs are capable of protection under the Equality Act 2010. Religion or belief is one of the nine protected characteristics covered by the Equality Act 2010. The Act prohibits direct discrimination, indirect discrimination, harassment and victimisation in … Continue reading

The Employment proposals in the Queen’s Speech: Absence of the Employment Bill

By Amanda Sanders (UK) on May 16, 2022 Posted in General, UK, Uncategorized

On 10 May at the State Opening of Parliament, the legislative intention of the Government for the next parliamentary session was set out in the Queen’s Speech. Despite the speech containing proposals for 38 new laws, the long awaited Employment Bill was omitted. The Employment Bill, which was first proposed in 2019, was intended to … Continue reading

UK: New guidance for employers on living safely with respiratory infections, including COVID-19.

By Amanda Sanders (UK) on April 21, 2022 Posted in Coronavirus, UK

On April 1st, the UK Health Security Agency (UKHSA) issued guidance for employers on living safely and reducing the spread of respiratory diseases such as COVID-19 to replace the previous ‘Working Safely Guidance’ after the relaxing of COVID-19 measures in the UK. The guidance outlines ways employers can aim to reduce the spread of respiratory … Continue reading

UK: Changes in employment law current rates and limits

By Amanda Sanders (UK) on April 7, 2022 Posted in General, UK

April 2022 marks the annual increase in the current statutory payments and other employment limits, employers should ensure they are aware of these changes and make adjustments where appropriate. From April 2022, there will be increases to statutory payments for time off work: Maternity and adoption pay at the maximum prescribed rate will be increasing … Continue reading

Steps for Employers after the ending of COVID-19 restrictions

By Amanda Sanders (UK) on February 28, 2022 Posted in Coronavirus, UK

On 21 February 2022, the UK Government announced its plan to end remaining COVID-19 restrictions in England. These include, from 24 February, the removal of the legal requirement to self-isolate following a positive test; and the requirement to wear face-coverings in public spaces and on public transport; and, from 1 April, the withdrawal of free … Continue reading

What is a workers right to claim holiday pay?

By Amanda Sanders (UK) on February 7, 2022 Posted in General, UK

The UK Court of Appeal has given its judgment in the case of Smith v Pimlico Plumbers and has allowed the appeal by the appellant in relation to his claim for holiday pay. The case considered whether the worker (who had been incorrectly identified as self-employed) was within time to bring his claim for paid … Continue reading

What to expect in employment law in England in 2022

By Amanda Sanders (UK) on January 13, 2022 Posted in General, UK

Although the start of 2022 continues to be dominated by the COVID-19 pandemic, it is hoped that 2022 may see the introduction of some of the legislative developments, which were delayed or postponed since 2019. This blog post looks at what changes employers can expect in relation to employment law this year, and what steps … Continue reading

Temporary changes to self-certification for statutory sick pay

By Amanda Sanders (UK) on December 21, 2021 Posted in Coronavirus, UK

On 17 December 2021, The Statutory Sick Pay (Medical Evidence) Regulations 2021 came into force. The regulations temporarily extend the period that employees can self-certify to 28 days. Generally employees who are absent from work due to a period of sickness absence can self-certify for the absence for any period of up to seven days. … Continue reading

Administrator can be liable for failure to notify of collective redundancies

By Amanda Sanders (UK) on December 9, 2021 Posted in General, UK

In a recent case, the Court held that a prosecution can be brought against an administrator if they are held to be conniving in the failure of the employer to notify the Secretary of State of collective redundancies. The Court also held that the English Court had jurisdiction to hear the claim notwithstanding that the … Continue reading

The right of substitution in worker status cases.

By Amanda Sanders (UK) on November 11, 2021 Posted in Contracts, General, UK

The UK Court of Appeal has delivered its judgement in another case looking at the issue of employment status regarding those working in the gig economy. In the UK there are three levels of employment status: Self-employed, worker and employee. Determining employment status is important for understanding the employment rights to which an individual is … Continue reading

UK Government respond to consultation on tipping.

By Amanda Sanders (UK) on October 14, 2021 Posted in Contracts, General, UK

On the 24th September the government published a response on its consultation on how to ensure the protection of tips received by workers and employees in the hospitality, leisure and service sectors. Currently, there are no rules for what proportion of a tip earned by a worker should actually be paid to the worker. Instead … Continue reading

UK Government Consultation on Flexible Working

By Amanda Sanders (UK) on September 27, 2021 Posted in Contracts, UK

On 23 September 2021, the UK Government launched a consultation on flexible working arrangements. The consultation considers reforms to the existing flexible working regulations and is seeking views on proposals to ensure that the framework supports flexible working in all its forms. The consultation considers five areas for review: Making the right to request flexible … Continue reading

Returning to the Workplace – Government Guidance for a Covid-safe working environment from July 19

By Amanda Sanders (UK) on July 15, 2021 Posted in Coronavirus, UK

The UK Government announced that it would be lifting many of the restrictions that applied from 19 July and entering into what it terms Step 4 of its roadmap. Part of Step 4 is that the government is no longer instructing people to work from home if they can and so employers can start to … Continue reading

Disciplinary actions and dismissals

By Paul Griffin (UK), Amanda Sanders (UK) and Joanna MacKenzie on June 11, 2021 Posted in UK

Paul Griffin, Amanda Sanders and Joanna MacKenzie consider how to handle disciplinary and dismissal matters, and the additional requirements that employers should consider in light of the COVID-19 pandemic and the future workplace. This article was originally published in PLC Magazine The PDF is available: Disciplinary actions and dismissals PDF… Continue reading

The National Minimum Wage and care workers who sleep in: Supreme Court decision

By Amanda Sanders (UK) on April 1, 2021 Posted in Contracts, UK

The Supreme Court handed down its decision in the joined cases of Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad and another (T/A Clifton House Residential Home) which concern an employee’s right to the national minimum wage for periods of time when they are required to remain at home on their shift and/or residential … Continue reading

Employment Appeal Tribunal rules on carry over of holiday pay.

By Amanda Sanders (UK) on March 23, 2021 Posted in Contracts, UK

The Employment Appeal Tribunal (EAT) has handed down its judgement looking at a workers right to claim holiday pay. The claimant, Mr. Smith, worked for the respondent, Pimlico Plumbers between 2005 and 2011, and was considered throughout the six year period to be self-employed independent contractor. As such, he had no entitlement to paid annual … Continue reading

Extension of Coronavirus Job Retention Scheme until end September 2021

By Amanda Sanders (UK) on March 4, 2021 Posted in Coronavirus, UK

In the budget on 3 March 2021, the Chancellor announced that the Coronavirus Job Retention Scheme (the CJRS) would be extended until the end of September 2021. The CJRS was due to end on 30 April 2021, but with many restrictions (in particular in the hospitality and leisure sectors) not being fully lifted until June … Continue reading

Supreme Court decision in Uber v Aslam

By Amanda Sanders (UK) on February 19, 2021 Posted in Contracts, UK

The Supreme Court has today handed down its decision in Uber BV and others v Aslam and others, upholding the Employment Tribunal decision that the drivers are ‘workers’ within the meaning of S.230(3)(b) of the Employment Rights Act 1996 (ERA 1996) and the equivalent definitions in the National Minimum Wage Act 1998 (NMWA 1998) and … Continue reading

The EU- UK Trade and Cooperation Agreement – implications for employment and immigration

By Amanda Sanders (UK) on January 6, 2021 Posted in Europe, General, UK

On 31 December the UK parliament implemented the European Union (Future Relationship) Act 2020. This makes provision to implement into UK law the three main future relationship agreements with the EU including the EU Trade and Cooperation Agreement (TCA). What does the TCA mean for employment and immigration law? Employment A significant portion of UK … Continue reading

Government consultation on reform of post-termination non-compete clauses in employment

By Amanda Sanders (UK) on December 17, 2020 Posted in Contracts, UK

On 4 December 2020, the UK Government launched a consultation on reforming post-termination non-compete clauses in employment contracts. The consultation seeks views on proposals to require employers to pay employees for the period of the restriction; requiring employers to provide additional transparency by providing in writing the exact terms of the non-compete clause before their … Continue reading

Guidance published on the Extension of the UK Furlough Scheme

By Amanda Sanders (UK) on November 11, 2020 Posted in Coronavirus, UK

Further to our blog post on 5 November, when the UK Government announced that the Coronavirus Job Retention Scheme (CJRS) will remain open until 31 March 2021, the Government has now published detailed guidance on the extension of the scheme. The guidance is comprised of a number of different documents covering such matters as which … Continue reading

UK Job Retention Scheme extended until 31 March 2021

By Amanda Sanders (UK) on November 5, 2020 Posted in Coronavirus, UK

Further to our post about the extension of the Coronavirus Job Retention Scheme (CJRS), the Chancellor announced on 5 November that the CJRS (also known as the furlough scheme) will remain open until 31 March 2021. The Government also published a policy paper setting out further details of the CJRS, confirming that the scheme rules … Continue reading

Furlough Scheme extended and the Job Support Scheme postponed

By Amanda Sanders (UK) on November 2, 2020 Posted in Coronavirus, UK

On 31 October 2020, the UK Government announced a the new national lockdown due to begin on Thursday 5 November. On the same day, the Government announced that the Coronavirus Job Retention Scheme (CJRS), which was due to come to an end on that day, would be extended to continue during the period of lockdown. … Continue reading