A very important decision on Appeal has been published concerning apprentices, and when they are not actually apprentices at all. The implication of course is that an employer may fail to pay the National Minimum Wage and have to pay back pay, perhaps for years, if their apprentices turn out not to be apprentices. The case in question concerns trainees in livery stables. They claimed the minimum wage and the original tribunal refused their claim as they were apprentices. Specifically, they were there to be trained. On appeal this decision was overturned. The reason was that the contracts of apprenticeship contained no fixed end date, contained notice provisions and contained a power to dismiss on notice. The Appeal Tribunal ruled that these factors were not consistent with an apprenticeship contract. The ruling also underlined the idea that an apprentice cannot be sacked for poor performance. If you use apprentices, it is worth perhaps rechecking your agreements in light of this decision. Legitimate Apprentice Agreements must state what skill, trade or occupation the apprentice is being trained for. The case can be read at the following link:http://www.bailii.org/uk/cases/UKEAT/2014/0458_13_1609.html Back to legal...
Last year, the courts decided that if overtime was compulsory, it should be included in the amount of a week’s pay for the purpose of holiday pay calculation. Now, the courts have progressed this by ruling that voluntary overtime needs to be included in the calculation, particularly when it is worked regularly. Read More Read more>>
Employees will no longer have to pay to start a claim in Tribunal after the Supreme Court unanimously quashed the fees regime introduced by the government in 2013. Fees for Tribunals have deterred a great many claims in Tribunal, not only for unpaid wages but for discrimination and unfair dismissal as well. Tribunal applications dropped… Read more>>
Businesses should already be aware that as of last April Companies House introduced a register of the people with significant control (PSC) of a company. This was done when submitting the company’s annual confirmation statement (which replaced the annual return in June 2016). Read More Read more>>