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Phil Cookson
 

The survivor's pension and your employees

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The Supreme Court has given judgement in favour of an unmarried cohabitant in a dispute with a public sector employer regarding a ‘survivor’s pension’. The case dealt with the question of whether or not an employee’s unmarried partner...

Make the National Minimum Wage work for you

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Meeting the National Minimum Wage ought to be a priority for employers big and small across the UK - it is essential for providing individuals with enough money to get by in an economy with an ambiguous future. Despite this, it’s been widely reported...

Uber decision: the end of the gig economy?

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The Employment Tribunal’s decision in proceedings against Uber, released last week, has provided a potential hurdle to businesses seeking to utilise a network of self-employed individual contractors to provide services to customers, or...

Holiday Pay Decision

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The law in relation to holiday pay, and in particular what should be included in holiday pay, has evolved in recent years in light of cases such as Williams –v- British Airways plc and Bear Scotland Ltd –v- Fulton. A recent decision...

New Gender Pay Gap Reporting rules explained

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Large numbers of businesses are about to become subject to new Gender Pay Gap reporting regulations. Due to come into effect next spring, many companies appear to be unaware of the new regulations. Background The difference between men’s...

Employers warned to take sexual harassment seriously

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Two recent news stories highlight the continued problem of sexual harassment in the workplace and the risks to employers who commit such acts or do not take complaints seriously. The TUC union has published the results of a survey of 1,500 women which...

Useful reminder regarding internal appeals

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A recent Employment Appeal Tribunal (EAT) decision provides a reminder to employers about the effect of internal appeals against disciplinary sanctions. In Folkestone Nursing Home Ltd v Patel the EAT considered the effect of an internal appeal...

Holiday carry over due to sickness

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A recent decision of the European Court of Justice (“ECJ”) in relation to a Polish employment case confirms the principle that an employee who is prevented from taking their holiday entitlement due to sickness should be allowed to take their...

Is communication an answer to insecurity?

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The results of a survey conducted by Peninsula and analysis of statistics by Citizens Advice have highlighted two issues which will be of concern for employers. Citizens Advice analysed statistics produced by the Office of National Statistics which...

Successful claim against employer for allowing " modern slavery "

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High Court claims brought by Lithuanian nationals for exploitation have succeeded against a Kent based chicken farming company. This is the first court ruling against a UK company for civil damages in relation to victims of trafficking and “modern...

Lessons from Carneiro v Chelsea and Mourinho

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Many people will have followed the developments in the proceedings brought by Chelsea FC’s former doctor, Eva Carneiro, against the club and former manager, Jose Mourinho, for constructive dismissal and discrimination. Such interest may have come...

Employee prosecuted for unlawfully obtaining customer details

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The Information Commissioner’s Office (“ICO”) has reported the prosecution of an employee in relation to the unlawful obtaining of personal data. The case concerned an employee who emailed himself details of 957 clients of his employer...

The National Living Wage: cause for celebration?

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There has been much publicity about the introduction of the National Living Wage (“NLW”) which came into force on 1 st April 2016. The basic premise, a minimum hourly rate of pay for those who are aged 25 and over set at £7.20 per...

Working Time, meetings and the eleven hour break

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A recent decision by the Employment Appeal Tribunal has widened the scope of what activities will be classed as ‘working time’ in relation to the Working Time Directive, particularly in relation to those employees who participate in trade union...

When working time is travel time

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Following the earlier Advocate General’s opinion, the European Court of Justice (ECJ) has ruled that where a worker has no fixed place of work, the time spent travelling to their first appointment and back home from their last does, indeed, count as...

Collective redundancy

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Phil Cookson from our Employment Team has posted on the employment law blog about the decision of the European Court of Justice relating to collective redundancy consultations. The decision relates to the Woolworths case which considered...

Collective redundancy decision

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The European Court of Justice has just handed down its judgment in the Woolworths case which looked at whether an ‘establishment’ in terms of redundancy consultations consisted of one location or the employer as a whole. The Court has held...

HSE to inspect all Food Manufacturers starting April 2015

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This information has kindly been provided by the British Frozen Food Federation http://bfff.co.uk/ ALL food manufacturers will be inspected by HSE between April '15 and April '16. Their inspections will start with food producers within the...

TUPE Demystified

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What is TUPE? TUPE is an acronym for the Transfer of Undertakings (Protection of Employment) Regulations 2006. Where TUPE applies, employees automatically transfer from one employer to another with their terms of employment and continuity of service...

ACAS guide to shared parental leave

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ACAS has just published its guide to the forthcoming changes in parental leave which come in to force from 5th April 2015. It gives advice on how employees can make requests and how employers can ensure they deal with requests fairly. The new regulations...

Exclusivity clauses in zero hours contracts - agriculture

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As you will have seen from our general employment update there are proposals from Vince Cable (Business Secretary) to ban exclusivity clauses in “zero hours contracts”. Whilst zero hours contracts have received a pretty bad press over recent...

Holiday pay and commission

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The European Court of Justice has ruled that employers must include commission in holiday pay. The case on which they were ruling (Lock v British Gas) concerned an employee whose income was made up of a basic salary plus commission based on the sales he...

April employment law changes

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It is usual for April to be the start date for changes in employment law and this year is no different. Below is a brief summary of the changes coming in to force in April 2014. Statutory Sick Pay From 6 April, the rate of Statutory Sick Pay increases...

2014 Employment law changes

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The first half of 2014 sees a number of employment law changes coming in to force. Most have been well publicised, and employers should already be aware of them, but in case some have passed you by, the key points can be...

'DEEE Prepared'

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With the Health & Safety Executive (HSE) taking action to reduce the dangers of diesel engine exhaust emissions (DEEE), food and logistics companies need to ensure they are protecting staff from exposure. Phil Cookson of Roythornes solicitors, one of the...

Life After the Agricultural Wages Board

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We have now had formal confirmation that 25 June will mark the end of the Agricultural Wages Board in England. The current Agricultural Wages Order will remain in force until 1 October 2013. From 1 October employers will be free to engage new...

Abolition of the Agricultural Wages Board - Advice for Employers

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"The Agricultural Wages Board for England and Wales is abolished." With those ten words section 72 of the Enterprise and Regulatory Reform Act 2013 brings to an end almost a hundred years of agricultural wages board history. The first boards were...

Agricultural Wages Board - Has the axe been axed?

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The House of Lords Grand Committee voted on amendment 28ZK to the Enterprise and Regulatory Reform bill on 16 January. That was an amendment to the effect that the Agricultural Wages Board for England and Wales should be abolished. At Grand Committee...

Abolition of the Agricultural Wages Board - Update

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We have already blogged twice about the abolition of the AWB. That’s because it matters to our clients, most of whom are in the camp that would welcome the removal of the Board and the opportunity for greater flexibility in employment packages. Some,...

Speak up on the future of the Agricultural Wages Board

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This post follows one we wrote in July , in which we wondered out loud what was holding up the Government's plans to abolish the Agricultural Wages Board. Almost three months on, there has been some movement. The Government has issued a consultation on...

A never-ending AWB?

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Last Friday’s confirmation meeting brings to an end the current round of Agricultural Wages Board deliberations. The increases in hourly rates* will take effect from 1 October this year. Will this be the last time the parties sit round the table...