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Employment Law Blog

Self-employed or a worker?

Laura Hill
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The Supreme Court has handed down its long awaited judgment in Pimlico Plumbers v Gary Smith in a case which has potentially huge ramifications for freelance workers and employment law generally. Mr Smith brought several claims in the Employment Tribunal in...

Review of GLAA licensing regime

Phil Cookson
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The Gangmasters and Labour Abuse Authority (GLAA) has recently launched a consultation on its Licensing Standards. Whilst the GLAA still covers the same regulated sectors (agriculture, horticulture, shellfish gathering and associated packaging and...

Notifications to ACAS for early conciliation have gone up by 500 per week since the fees ruling

Laura Hill
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Since it was ruled that fees in the Employment Tribunal are unlawful and were abolished in July 2017, notifications to ACAS have increased from around 1,700 per week to 2,200. There has also been a recent report from the Ministry of Justice which showed...

National Minimum Wage increase

Laura Hill
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The new National Minimum Wage and the new National Living Wage, which will apply from 1 April 2018, have been announced by the government and, according to the Low Pay Commission, this is the largest increase for 18-20 year olds and 21-24 year olds in a...

Major changes proposed to improve workers' rights

Laura Hill
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Last week, the government published its response to “Good Work: the Taylor Review of Modern Working Practices”. This independent review published in July made a series of recommendations designed to improve the working conditions of atypical...

Nip it in the bud

Phil Cookson
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What do you get when you cross a husband, a wife, a senior manager with 20 years’ service and an accusation of historic criminal activity? Answer: a management nightmare. Unfortunately these complex scenarios are a lot more common than you might...

Rest periods during working hours

Laura Hill
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Regulation 12 of the Working Time Regulations 1998 (WTR) requires employers to give employees a rest break of not less than 20 minutes if a worker’s daily working time is more than six hours. It is important to ensure, therefore, that your business...

Employment tribunal and EAT fees declared unlawful

Laura Hill
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Earlier this month, the Supreme Court declared that fees charged in the Employment Tribunal (ET) and the Employment Appeal Tribunal (EAT) are unlawful. Historically, claimants wishing to make a claim to the Employment Tribunal would have to pay an issue fee...

Indirect discrimination Supreme Court decision

Laura Hill
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The law in relation to indirect discrimination has come under review recently in the Supreme Court decisions of Essop and Others v. Home Office (UK Border Agency) and Naeem v. Secretary of State for Justice [2017] UKSC 27 . Indirect discrimination...

The survivor's pension and your employees

Phil Cookson
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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

Phil Cookson
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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?

Phil Cookson
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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

Phil Cookson
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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

Phil Cookson
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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

Phil Cookson
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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

Phil Cookson
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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

Phil Cookson
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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?

Phil Cookson
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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 "

Phil Cookson
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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

Phil Cookson
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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...

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