Employment and Company & Commercial Law Updates
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A sober reminder to employers was released this week about the risks when an employee hands in their notice in a vague way. The bottom line is that if the notice is in any way ambiguous, or uncertain, then it may not be notice at all.
In an Appeal Tribunal ruling, a security company supplying security guards on temporary assignments has been judged to be an Employment Agency and therefore subject to the Agency Worker Regulations. Read More
It is likely that you will have seen or heard that the Government published guidance on how to prepare for a no deal Brexit.
With a large amount of employment law stemming from Europe, what rights will remain and what will change with Brexit is a concern for many businesses Read More
For many businesses, the journey to become “GDPR compliant” which they embarked upon earlier in the year meant that many – but by no means all – businesses will have assessed what personal data they hold and policies will have been put in place. But have you thought of the need to use that data to do your risk assessments as recommended by the Information Commissioner’s Office. You know what personal data you hold about your customers, employees, contractors and suppliers and you hopefully have worked out the legal basis for holding that data. Read More
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