A Court of Appeal case recently published has highlighted a problem which is more common than one would think, that being employees who are signed off sick but doing other work while getting sick pay. Helpfully the decision can be summarised very briefly. The Appeal Court has ruled that employees...

There has been some speculation since last month as to how far back employees can claim unlawful deductions where the employer has not included voluntary overtime in the holiday pay. This matter has now been resolved with the government rushing through a piece of legislation (The Deductions from Wages (Limitation)...

A European Court of Justice (ECJ) decision has today been handed down which sets out that those employees who are obese, can be protected under the Equality Act (Disability Discrimination). The case concerned a Danish man who was sacked as a child minder as he was too fat. He has...

Along with most lawyers, we usually send out a reminder at Christmas about the perils of the Christmas party.  This year, drawing on years of experience, we advise the following: Don’t pay for free drink all night. (We know you won’t need telling twice) It’s a really bad message Do remind...

The Appeal Tribunal has released its judgment today in the much awaited case concerning whether voluntary overtime should be included when calculating holiday pay. If you have the inclination to read the judgment there is a link below, focus on issue 1 and 3, which should make the reading easier....

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...

Apprenticeship Contracts The government have issued new standard apprenticeship contracts, (40 different versions actually) covering all sorts of different sectors. These are not compulsory, but simply good practice, and the government has said that it trying to favour the employer more. If you are an Arcturus (retainer) client, we are able...

Seminar Invitation Auto-Enrolement - What You need to Know? Sherbornes Solicitors LLP in conjunction with Prosser Knowles Associates Ltd and Harper Sheldon will be providing a practical guide to dealing with the introduction of Auto-Enrolment and what it means to your business including payroll implications, impact on employment contracts and...

A “gentleman” who assaulted his girlfriend in her home (the girlfriend also being an employee) was dismissed by the employer and then successfully sued for unfair dismissal. The finding of unfair dismissal was upheld on appeal. This case reminds employers that even when the facts appear to be straight forward, even outrageous,...

In a controversial decision, at odds with the law, the High Court held that an obligation on parties to enter into “friendly discussion” before embarking upon arbitration was an enforceable term of the contract. In this case, the parties had entered into “friendly discussion” so, the arbitrators had jurisdiction.Whilst this...