In Yacht Management Company Ltd v Gordon the Employment Appeal Tribunal (EAT) has upheld a decision of the Employment Tribunal, that there were numerous factors to support the Tribunal’s conclusion that it had jurisdiction to hear a claim of unfair dismissal brought by the employee because the seafarer’s “base” was her home in Aberdeen
Contracts
The criminal offence of failing to comply with collective redundancy notification requirements; can an administrator be guilty?
The Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) imposes duties on employers who are proposing to dismiss at least 20 employees as redundant at one establishment within 90 days or less. One such duty is to notify the Secretary of State at least 30 days before the first of those dismissals…
Removal of the bankers’ bonus cap
With effect from 31 October 2023 the “bonus cap”, which previously limited the variable remuneration of certain bank staff to 100% of their fixed pay (or 200% with shareholder approval) has been abolished. The FCA and PRA in their consultation paper on this change highlighted that the removal of the cap is intended to help…
Claims for holiday pay – Supreme Court holds worker can claim for historic underpayments which are part of a series of deductions
The Supreme Court has given its judgment in the case of Chief Constable of Northern Ireland v Agnew and ors and dismissed the appeal, holding that the workers could claim back for a whole series of unlawful deductions even where there was a gap of more than three months between those deductions.
In this case…
“Quiet quitting” has been included in Collins Dictionary’s top 10 words of the year for 2022 – but what is it?
For most, a contract of employment (or similar written terms of employment) and job description will set out the terms and conditions of the working relationship with their employer. Among other things, it will include the individual’s contractual hours of work and may include the scope of their duties. So what is the issue if…
Obligation to record working time
The German Federal Labor Court (BAG) has surprisingly ruled (BAG, 13.09.2022 – 1 ABR 22/21) that employers are legally required to record not only overtime and Sunday work, but all of their employees’ working hours.
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…
Necessary contents of employment contracts – change in law as of August 1, 2022
The “Act on Proof of the Existence of an Employment Relationship” (Nachweisgesetz – NachwG) requires employers to set out the essential contractual terms of the employment in writing to their employees. The German legislature has now passed an amendment to the Nachweisgesetz, which comes into force on August 1, 2022, and has the effect of transposing the EU Directive (2019/1152) on Transparent and Foreseeable Working Conditions (the Directive) into national law. Accordingly, employers will be required to provide employees with more comprehensive information than before, either as part of the employment contract or in separate documentation. Failure to comply with the new requirements, can lead to fines for the employers. In this post, we summarize the most important legal effect of the amendments.
Global Employment Law: What do your employees want and need? Transforming Workplace #4
During the pandemic, employees rethought their relationship with work. Employees now seek roles that offer competitive remuneration with other benefits including flexibility, health, well-being and work-life balance. Read more on this in our next article in the Transforming Workplace series.
What do your employees want and need?
This article is part of our Transforming Workplace…
Global Employment Law: The “Great Enlightenment”: Why and how employees have rethought their relationship with work. Transforming Workplace #3
In the next in the Transforming Workplace global series we examine why and owe employees have rethought their relationship with work.
The “Great Enlightenment”: Why and how employees have rethought their relationship with work
This article is part of our Transforming Workplace series. Other articles exploring the opportunities, challenges and risk of the transforming workplace…