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
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
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
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
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
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
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
As we announced in our blog post here on 24 September the UK Chancellor outlined additional government support to help businesses and workers impacted by COVID-19, which would come into force once the Coronavirus Job Retention Scheme (CJRS) ends on 31 October 2020. However, with further restrictions being placed on businesses and the introduction of … Continue reading
In our previous blog post here we told you about the Job Support Scheme (JSS), which is due to come into force on 1 November, and will provide support to employers where employees work reduced working hours. On 9 October, the Government announced an extension of the JSS to provide temporary support to businesses whose … Continue reading
The UK Chancellor has outlined additional government support to help businesses and workers impacted by COVID-19. There had been calls from businesses for the chancellor to help protect jobs once the Coronavirus Job Retention Scheme (CJRS) ends on 31 October 2020. As a result the chancellor has announced the new Job Support Scheme which will … Continue reading
On 10 September the Department of Health and Social Care published guidance for employers on the legal obligations and matters that they need to consider if planning to introduce their own testing for COVID-19. With current infection rates increasing this is ever more important for employers to help protect business continuity. In addition, employers need … Continue reading
In a recent case, the European Court of Justice (ECJ) has considered what happens to the employment contract of a transferring worker where there is a transfer of an undertaking to multiple transferees. The ECJ held that the contract should be split in proportion to the tasks performed by the worker of the time devoted … Continue reading
The UK Government has published legislation, which will ensure that all furloughed employees receive statutory redundancy pay based on their normal wages, rather than a reduced furlough rate. The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (the Regulations) ensure that various statutory entitlements based on a week’s pay and connected … Continue reading