Whether it’s the right to a day off, double pay, or time off in lieu there are a number of common misconceptions when it comes to bank holiday working. As we approach the Easter weekend, let’s get some things ironed out.
Also, latest employment tribunal statistics and case law - automatic unfair dismissal.
Handling long-term sickness absence is a delicate matter for a business: the illness may be serious, it may involve surgery and recovery time, or it could be a mental health problem. Managing such issues requires a sympathetic approach but you may also find yourself in the situation where you suspect an illness is being deliberately drawn out to delay a return to work.
The Court of Appeal (CA) has dismissed Uber’s appeal against the employment tribunal (ET) and Employment Appeal Tribunal’s (EAT) decision that drivers engaged by Uber were not self-employed contractors, but fell squarely within the legal definition of ‘worker’ under the Employment Rights Act 1996, the Working Time Regulations 1998 and the National Minimum Wage Act 1998.
It’s the start of a New Year, and moving on from reflecting on your business challenges in 2018, it’s time to review with renewed passion and zest the Challenges facing your business and what you need to achieve in 2019.
The Court of Appeal have overturned the High Court’s decision that an employer was not vicariously liable for an assault carried out by the organisation’s Managing Director at an impromptu drinking session after the company Christmas party.
New provisions come in light of the claim that despite record levels of employment many employees state they are unhappy, trapped in jobs below their skillset and under considerable work-related pressure.
This case examined whether an individual can be unfairly dismissed, having been denied the opportunity to postpone their disciplinary hearing, despite the fact that their conduct could potentially justify a dismissal.
The Government has set out the consequences, in respect of employment rights, of being unable to agree a Brexit deal when the UK leaves the EU; a BEIS Committee suggests employers with 50 or more employees should be drafted into the requirement to report on their gender pay gap and the Employment Appeal Tribunal declares a refusal to postpone a disciplinary hearing rendered a dismissal unfair.
The Court of Appeal (COA) has ruled that a care worker who performed ‘sleep in’ shifts was ‘available for work’ and not 'actually working’ and so was not entitled to the national minimum wage (NMW) for the time spent asleep.
The Court of Appeal (COA) has reinforced the notion that the successful appeal of a dismissal means that continuality of employment is preserved, thereby meaning the employee's dismissal is considered to have 'vanished'.
The Court of Appeal decides that sleep in workers are not entitled to the national minimum wage when asleep, and more employers have been named and shamed for failing to pay the minimum hourly rates to their staff.
In other case law, the Court of Appeal also confirmed the position of the ‘interim period’ between an employee’s dismissal and his successful appeal.
The EAT has ruled that an employer’s belief that an appeal would make no difference in a right to work dismissal was incorrect. The appeal could have provided opportunity for key evidence against the dismissal, not readily available at the time, to be submitted.
The EAT has ruled that lower annual leave and rest break allowances for agency workers, in comparison to directly employed workers, cannot be compensated by an increased hourly rate of pay, however there is no requirement to provide agency workers with the same number of working hours as the directly employed workers.
Recently published Ministry of Justice statistics show a continual increase in the number of employment tribunal claims made since fees were abolished almost a year ago.
The long anticipated Supreme Court ruling in a long-running gig economy case has been published, confirming the Court’s agreement with previous decisions that a “self-employed” plumber was in fact a worker.
As Britain continues to bask in the glow of a mid-summer heat wave, the Advisory Conciliation and Arbitration Service (Acas) have released several top tips designed to help organisations manage the workplace challenges that can occur during hot weather
The EAT has ruled that it was not religious harassment for an employee to ask a Muslim colleague if they were a supporter of Islamic State (IS) because the context of these remarks was not related to the individual’s religion.
Alongside minimum wage increases, uplifts to statutory payments and the increase in auto-enrolment contributions, changes to the rules on taxation of termination payments will be introduced in April 2018.
The Government has revealed the new maximum employment tribunal awards to take effect from 6 April 2018, and the Supreme Court hears Pimlico Plumbers’ latest appeal in its long-running employment status case.
Vast weather warnings across the UK have been announced as a blast of cold air from the east is set to bring snow to many parts of the country. Adverse weather, and the knock-on effects, can cause significant disruption to organisations' business operations and affect staffs' ability to safely travel to work.
Speaking ahead of last week’s landmark case the chief executive of Pimlico Plumbers, Charlie Mullins, has asked the Supreme Court to provide clarity on the employment rights of the growing number of people involved in the gig economy.
A report by the European Committee of Social Rights (ECSR) found the current Statutory Sick Pay (SSP) scheme available to UK employees to be manifestly inadequate and not keeping up with the requirements of EU law.
In his Autumn Budget, the Chancellor confirmed the national minimum wage increases which will take effect from April 2018. Also, a new scheme has been announced affecting care sector employers who may have underpaid their workers.
In case law, we have seen conflicting gig economy employment status judgments involving Uber and Deliveroo and a timely Bill has been published to offer further protection to these atypical workers.
Court rules email monitoring breached human rights
An employer breached an employee’s human rights when it read personal emails sent from the employee’s work email account, says the ECtHR. Also, new legislation is in force from October and, in case law, the EAT departs from the traditional approach to the burden of proof in discrimination cases.
In a surprise decision, the UK’s highest court has overruled government policy on tribunal fees and quashed the 2013 regulations, thereby raising the prospect of a rise in claims. At the same time, the government-commissioned Taylor report has suggested ways to shape employment law for the future
The General Data Protection Regulation will alter the way employers approach automated decision making in recruitment, respond to subject access requests, and obtain consent from employees to their personal data being processed.
Psychometric testing challenge by an Asperger’s job candidate, NHS whistleblowing protection extended, Lidl supermarket has collective bargaining imposed on a regional distribution centre, and the Supreme Court decides on “a day’s pay”
The Supreme Court restores the balance in indirect discrimination cases, the Court of Appeal confirms an appeal procedure can rectify a flawed disciplinary procedure, and the EAT identifies factors for deciding whether ‘sleeping-in’ on-call night workers are due the national minimum wage
With the new tax year on the horizon, the government has announced increases to statutory rates, tribunal award caps, and NI thresholds. In the courts, a self-employed plumber has been found to be a worker, and an appeal to the Supreme Court in the Lock holiday pay case is rejected.