Amanda Sanders (UK)

Subscribe to all posts by Amanda Sanders (UK)

Part Year workers holiday not pro-rated

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

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

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.

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

Steps for Employers after the ending of COVID-19 restrictions

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

The right of substitution in worker status cases.

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 Consultation on Flexible Working

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

Disciplinary actions and dismissals

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

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

Supreme Court decision in Uber v Aslam

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

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

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
LexBlog