Employment and Company & Commercial Law Updates
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Accurate recording of working hours is not just important for calculating pay for hourly paid workers, it’s also a legal requirement and necessary to show you have complied with working time legislation as this case reminds employers. If you haven’t got the records to prove it, this case means it’s likely you’ll automatically be found to be in default. Read More
The Appeal Tribunal has provided guidance for employers as to how long they have before they need to provide their employees with a written statement of the particulars of their employment. Commonly believed to be 2 months, the EAT has confirmed that it is in fact less than that. Read More
Most employers assume that, provided the ex-employee complies with the confidentiality clause when settling a Tribunal claim, that will keep the fact of a settlement secret but that may not necessarily be the case. Read More
The Competition and Markets Authority (“CMA”) has launched a new cartel awareness campaign aiming to educate businesses about illegal practices and urging people to come forward if they suspect illegal behaviour, such as ‘price fixing’ or ‘bid rigging’. Read More
The Court of Appeal has ruled that a major UK employer is responsible for a breach in Data protection Rules, even though it accepted that the Company had done all it could to prevent the breach, and the breach was the result of a malicious employees’ deliberate aim of damaging the Company. Read More
The Appeal tribunal has given guidance for employers when working out if a medical condition will last long-term into the future and is, therefore, a disability. In short, it says to ask whether it “could well happen”. As guidance goes, it’s not great but it’s what there is.
Sherbornes Complaints Procedure
Employers will be familiar that employees on long term sickness absence have the right to carry over some of their untaken holiday into the next holiday year. The ECJ has now said that there are circumstances where employees who have not been off sick and have been at work all year could also be entitled to carry over untaken holiday. Read More
This morning, I had the good fortune to hear an interview on the radio with the National Guardian for the NHS, Henrietta Hughes. She was there to talk about her role, which involves ensuring that NHS staff feel free to expose wrongdoing, and she is concerned that gagging orders within Settlement Agreements are destroying the confidence people have to blow the whistle if necessary. Read More
Are employers now off the hook for national minimum wage arrears owed to their sleep-in workers?
We have received a number of enquiries recently about the meaning of the ‘Mencap’ judgment back in July 2017 and whether this means that those businesses employing sleep-in workers can now forget about the need to pay these workers the National Minimum Wage. Read More