Employment and Company & Commercial Law Updates
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An employer is under an obligation to satisfy itself of an employee’s right to work, and the fines for failing to do this can be substantial. In a case in the Appeal tribunals, a case has been examined where an employer wrongly required evidence of the right to work of a Jamaican employee (who is not subject to immigration control). Read More
An employer whose business model uses “gig staff” (presumed to be self-employed often) has told a committee of MP’s that if a worker takes them to Tribunal and wins, gaining rights to paid holiday and to the Living Wage, the employer would not roll out the rights to anyone else. Read More
It has long been a stock question from clients as to whether they can monitor employees’ emails. In fact, the actual question from clients often comes too late, in that they ask if they can sack an employee for the contents of an email, and we have to say that they could, except that they cannot admit to having looked at an employee’s emails. Read More
Suspension is an extremely common response to allegations which might amount to gross misconduct. If an employer has left an employee in situ after serious allegations, the employer might face difficulty in dismissing summarily if the employee has been left at work while the matter is investigated. Read More
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
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 70% after fees were introduced, and most lawyers agreed that an unpaid wages claim for say £150 would be futile with the Tribunal fee being more than the amount in question. 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
A case this month has examined the practice of selecting for redundancy by making employees compete for new roles and sacking the unsuccessful applicants. It has long been established that the selection criteria for selecting in this way, i.e. who gets a new post, are judged by a slightly different test than when an employer selects for who is redundant. Read More
The Employment Appeal Tribunal (EAT) have handed down a judgment which aims to assist employers in working out whether they should pay the minimum wage to workers for time spent sleeping. The case of Focus Care Agency v Roberts is essential reading for those who have to make that decision and it applies particularly in the care and security sectors. Paragraph 44 sets down four considerations. Read More
The Court of Appeal has handed down a judgment on whether or not a sub-contractor was in fact a worker, or properly self-employed.
It is very important to note that this question is dealt with from an employment rights point of view, not a tax point of view. The reason it matters is that a self-employed contractor does not have entitlement to minimum wage, or paid holidays or to claim discrimination. A “WORKER” does have those rights. Read More