JUNE UPDATE Some recent developments in the employment field are set out in this update 1 – Employee reported for eating a sandwich Some employees in customer-facing roles may be banned from for example drinking alcohol when wearing their work uniform in case this sets a bad tone. Recently someone tweeted a picture to her […]
MAY UPDATE Some recent developments in the employment field are set out in this update 1 – Personal Liability of directors Can a director of a limited company be personally liable for its breaches of an employment contract? The High Court has recently held yes in a case where the employees were working in unacceptable […]
Although Brexit dominates the news, some recent developments in the employment field are set out in this update. 1 – Pimlico Plumber loses £74,000 holiday pay claim You may recall that last year a plumber called Gary Smith was successful in establishing that he was a worker and not self-employed. He lost, however, his claim […]
EU Employment Laws after Brexit will be voted in parliament on whether they will be adopted by the UK Brexit is likely to cause some confusion across many tribunal courts and could lead to weaker workers’ rights in the UK, a concerned group of lawyers has cautioned in a report published back in February. Theresa […]
Can you be employed without a contract? It is not unusual to come across individuals who have been employed for many years and who say that they have no written contract of employment. Those individuals may not be aware of, is that it is a legal requirement for an employer who has employed someone for […]
There have been more and more cases coming before the tribunals regarding whether an individual is self-employed, a worker or an employee. Here are the headlines: Can an individual who is paid a quarterly exclusivity payment be an employee? Yes, as held by the EAT in Exmoor Ales v Herriot. The claimant, in this case, worked for the brewery for 27 years providing accountancy services in partnership with her husband. From 2011 onwards, she received quarterly payments from the brewery. She later brought claims for unfair dismissal and discrimination. The brewery argued she was self-employed, paid tax as if self-employed, did employment contracts for other employees but not herself and did not take part in the employee share scheme. Unfortunately, the quarterly payment was held to be an exclusivity payment, she had no right to appoint a substitute and the brewery controlled her work.
Do you work for any of the chain supermarkets and are not sure if you are being paid the same as your male counterparts doing the same work but in other areas of the supermarket i.e. warehouse and distribution? The Court Appeal (CoA) has upheld the decisions of the Employment Tribunal (ET) in Asda V Brierly and others, where Asda supermarket staff...
#MeToo Last year has seen the impressive march of the #MeToo campaign which has encouraged people to talk about sexual harassment. The extraordinary response to the #MeToo movement includes a fund set by British celebrities that have given more than £2m to women groups across the UK. Harry Potter star, Emma Watson who has donated […]
Under the Working Time Regulations, all employees are entitled to annual leave. Full-time workers have a statutory entitlement of at least 5.6 weeks paid annual leave (which equates to 28 days for someone working five days a week). An employer can specify when holiday should be taken and whether Bank Holidays are included in the entitlement. There […]
Gender pay gap reporting and claims of sexual harassment in the workplace made 2018 a very busy year for employment law, and 2019 promises very much the same, as on the 1st day of January brought in new regulations on executive pay reporting. Here is what to look for over the next 12 months. 1st […]