April marks the annual increase in the limits (maximum and minimum) applying to certain awards of Employment Tribunals and other amounts payable under employment legislation. Employers should ensure that they are aware of these changes and make adjustments where appropriate. Maximum Compensation Limits From 6 April 2023, there will be increases to the maximum compensation … Continue reading
On 9 February the Competition & Markets Authority (CMA) published a short guidance note for employers on how to avoid anti-competitive behaviour. The aim of the guide is to boost compliance with the rules regarding anti-competitive behaviour and to remind employers of their legal obligations. The CMA points out that anti-competitive agreements can negatively impact … Continue reading
Last year saw little legislative changes in the UK with regard to employment law. However, there may be changes of interest for employment lawyers over the coming year. This blog post looks at what changes employers can expect in relation to employment law this year and what steps they should be taking to prepare for … Continue reading
In the Queen’s speech in December 2019 the Government announced its intention to bring about changes to employment laws in a new Employment Bill. These changes included provisions relating to carers leave, extension of protection for employees on maternity leave, rights regarding tips and gratuities, the right to request a more predictable and stable contract … Continue reading
Employees may have claims against their employer that can arise during the recruitment process, the employment or on termination. In this case, the parties may enter into a formal settlement agreement to settle most statutory employment claims. In order for any such agreement to be binding it must satisfy certain conditions. The extent of these … Continue reading
On 22 September 2022, the UK Government introduced the Retained EU Law (Revocation and Reform) Bill, pursuant to which all EU law introduced into the UK legal system following the UK’s withdrawal from the European Union on 31 January 2020 (Retained EU Law) must be reviewed and either replaced with new domestic legislation or automatically … Continue reading
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
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
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
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
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
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 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
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
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
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 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
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
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
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
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 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
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
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