Employment and Company & Commercial Law Updates
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An extremely important case for anyone who employs sleep-in staff has been reported today. The Court of Appeal has held that the only time that counts for national minimum wage purposes is time when the worker is required to be awake for the purposes of working. Read More
Now that the country appears to be sitting up and taking notice at our boys’ efforts, it is entirely possible that some staff might get a little carried away whether we win or lose. This might, in turn, lead to absence, and then the phone calls from angry bosses wanting to sack absent employees. Read More
The Appeal Tribunal has handed down some guidance on when voluntary overtime should be included in holiday pay. The importance of getting this right is that over the years, considerable amounts of underpayment can accrue and then become due.
Even if all parties think someone is self employed, if they have their work controlled, and perform the work personally, they are likely to be a worker. As a worker, they are entitled to paid holiday every year, the minimum wage, and to be able to claim discrimination. Read More
The Appeal Tribunal has ruled that someone taken on as self employed as a courier, was in fact a worker and entitled to minimum wage and paid holidays, potentially back to 1996. In reaching this decision, the court took into account the workers obligation to accept assignments when logged on, and the fact that a DBS check was required, which it said indicated Worker status. Read More
The Information Commissioner’s Office has warned organisations not to expect or to rely on boilerplate policies to comply with the General Data Protection Regulation. Read More
The forthcoming GDPR regime will require Directors to be able to show that they have knowledge of the steps taken within their company to comply with GDPR. To make life a little easier, we have prepared a memo to boards for this purpose and a set of minutes for the board meeting convened to discuss GDPR.
For those that don’t know, before employing a person you must check that they have the legal right to work in the UK. You do this by checking original copies of appropriate documents, taking copies of those documents and recording the date of the check. If the individual has a time limited right to work, you must repeat the check prior to the right to work expiring. Checks must be carried out for everyone, regardless of whether they are a foreign or English national. Read More
A European Court ruling, binding on UK courts has ruled that stand by time, even if the worker is at home, is working time for the purposes of the Working Time Regulations, if the worker is not free to come and go as they please. Read More
A case this month has focused on the need to consider bumping a safe employee out of a business in favour of giving his or her job to a redundant employee. The advice is to always consider the question, even if you don’t then bump anyone out. Read More