Employment and Company & Commercial Law Updates 

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Counting Voluntary Overtime When Calculating Holiday Pay

Counting Voluntary Overtime When Calculating Holiday Pay

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

Tribunal Fees Abolished

Tribunal Fees Abolished

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

Register of People with Significant Control

Register of People with Significant Control

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

Redundancy & Selecting For New Posts

Redundancy & Selecting For New Posts

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

Sleeping at work: Is it working time?

Sleeping at work: Is it working time?

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

Worker Or Self Employed?

Worker Or Self Employed?

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

Negligence As Gross Misconduct

Negligence As Gross Misconduct

The Court of Appeal has issued a judgement that has re-stated the position that negligence can be so bad as to be gross misconduct and justify summary dismissal.

In this particular case, a senior manager became aware that another manager was undermining a consultation exercise. The original senior manager, although he knew of this subversive activity, did nothing to stop further activity or bring the subversive activity to the attention of someone else. Read More

Definition Of Disability: Diabetes & Discrimination

Definition Of Disability: Diabetes & Discrimination

The Appeal tribunal has made a ruling that progressive conditions, such as type 2 diabetes, which do not have a substantial adverse impact on the employee at the time the matter is tried, but which may develop to an extent that they do have such an impact, ARE disabilities, or at least they can be. Read More

Gender Pay Gap Reporting

Gender Pay Gap Reporting

Legislation introducing a new requirement to publish gender pay gap information is expected to come into force on 6 April 2017. It is the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017. Read More

Stress & Disability Discrimination

Stress & Disability Discrimination

A judgment from the Appeal Tribunal has been handed down and comes as a relief to many practitioners who now welcome judicial guidance on this common problem.

In the case of Herry v Dudley MBC, the employee claimed to be disabled by virtue of workplace stress. His doctor supported this and reported him as suffering from stress. Read More

Legal Updates

Legal Updates

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