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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...
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...
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...
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...
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...
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...
Employers say they are essential and should remain. Workers’ organisations say they are harmful and should be banned. Zero hours contracts have, in recent times, attracted a lot of media attention and the debate as to whether they should...
There has been focus on the calculation of holiday pay by employers since the decision of the Employment Tribunal in the case of Bear Scotland which dealt with the issue of overtime when calculating holiday pay. The latest case on the topic, British...
The Starbucks decision is a reminder to employers to deal with disabilities and consider reasonable adjustments. An Employment Tribunal has upheld claims of disability discrimination brought by an employee against Starbucks. The case involved an...
The Government has published draft legislation on the Apprenticeship Levy, which will be introduced from April 2017. The draft legislation confirms that from April 2017, employers with an annual wage bill of more than £3m will have to pay a levy...
A judgement in the European Court of Human Rights ( ECHR ) this week has ruled that employers can justify reading workers’ private online messages. The decision is binding in the UK as it has ratified the European Convention on Human Rights. ...
With 2016 well under way it's a good time to take a look at what is coming up in terms of employment law. Our Employment team has summarised the main highlights below. If you have any questions please do not hesitate to contact us. Zero hours...
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...
We recently highlighted the key facts in relation to the Government’s new Fit for Work Service which is designed to assist employees return to work from long term sickness absence. Dealing with sickness absence can be difficult for any...
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...
The Fit For Work (FFW) service has just been launched. Aimed at helping employees back to work, this Government backed scheme aims to use occupational health professionals as part of the process of assessing employees who have been off work for more...
Why is it important to follow the law when dismissing an employee? Dismissing an employee for a reason other than one allowed by law, without following the correct procedure or giving adequate notice, may lead to a claim for unfair or wrongful...
Although each case is different, there are some key issues a business should consider when conducting a disciplinary procedure connected with misconduct or poor performance. The Acas Code of Practice (Acas Code) was introduced in 2009 to replace the...
We’ve just uploaded our a-z of employment law onto the web site. This was originally sent to recipients of our popular employment e-briefing service, but we’ve now made it available in one easy to find place, under the employment section of...
Today sees the introduction of legislation which prevents employers from using exclusivity clauses in zero hours contracts. T he changes mean that any clauses in such contracts which required employees to work exclusively for one employer are no longer...
