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The Government announced on 12 May 2021 that the amended right to work check measures will remain in place until 20 June 2021. This is a welcome extension given that the amended measures were previously due to end on 16 May 2021. This would have meant that...
An employee is entitled to make a claim under section 100(1)(d) and (e) of the Employment Rights Act 1996 if they are dismissed for exercising a right to leave the workplace, or to take steps to protect themselves, where they reasonably believe there is...
Below is a summary of the current restrictions and guidance for employees in the workplace from an employer perspective. Links are included in each section to detailed government (and other) guidance. Please note different guidance and legislation may apply...
From 1 April 2021 , Rishi Sunak has confirmed that the National Living Wage (NLW) will rise to £8.91 an hour and will be extended to 23 and 24 year olds for the first time. Previously, the NLW was only available to 25 year olds and above. The other...
Below is a summary of the current restrictions and guidance in place for employees in the workplace. In each section we include links to the late guidance. Updated 22 March 2021 The position may differ between England, Wales, Scotland and Northern...
In the budget speech on 3 March 2021, the Chancellor, Rishi Sunak, announced that the furlough scheme will be extended. The furlough scheme will cease at the end of September. Employees will continue to receive 80% of their wages up to £2,500 per...
On 19 February 2021, the long-awaited judgement in the case of Uber BV v Aslam was handed down by the Supreme Court. It was unanimously ruled that Uber drivers are not self-employed, as Uber themselves argued, but are workers and are therefore entitled to...
Michael Austin, a paint sprayer, has been awarded £28,560 after his dismissal from A1M Retro Classics (A1M) was ruled unfair. Mr Austin was employed by A1M for 5 years until he was summarily dismissed on 18th February 2020. On 13th February...
Furlough and other alternatives have been utilised for almost a year now to support businesses during the pandemic. Throughout this time many employers were focused on reaction and business survival, but our clients are now starting to see...
Roo Rawal, a postal worker, was employed by the Royal Mail for 17 years until his dismissal for Gross Misconduct in 2017. Prior to his dismissal, he had a clean disciplinary record. The reason for the dismissal The disciplinary allegations followed a...
In order to assist the rescue of failing businesses, the Transfer of Undertakings Regulations (TUPE) include specific insolvency provisions which allow transferees of insolvent businesses greater flexibility than would otherwise be the case. Where the...
Although the Coronavirus pandemic has restricted travel both within and outside of the UK, many employees have travelled abroad to visit family, either for the festive celebrations or for longer periods. Whilst this creates a range of potential...
With Boohoo purchasing some of the assets of department store Debenhams, it is believed that its stores will not reopen, except to sell off stock. So, what does this mean for Debenhams’ employees? In many cases, if business A buys the shares of...
What you need to know regarding lockdown 3.0 and the workplace: The guidance says employees 'can only leave home for work purposes where it is unreasonable … to do your job from home’. The legislation is more restrictive and says...
I did not make my children listen this time round to the Prime Minister’s announcement on 4 January 2021, that we yet again enter national lockdown. Education will be by remote learning until mid-February and the extremely clinically vulnerable must...
With Christmas and New year celebrations just around the corner, we are sure many are looking forward to 2021 more than might usually be the case. For many, the 31 st December will mark the end of the current holiday year and what a holiday year it...
This is a summary of the key points to think about at this stage , that relate to t he extension of furlough in addition to the original policy paper and in particular providing answers to common questions and any changes from the furlough guidance. ...
Chancellor Rishi Sunak has unveiled new support for workers, businesses and the self-employed hit by restrictions imposed as coronavirus cases rise across the UK. The government listened to the concerns of businesses in tier two areas that felt not enough...
The Health Protection (Coronavirus, Restrictions)(Self-Isolation)(England) Regulations 2020 The self-isolation regulations set out obligations of employers and workers in relation to work and working arrangements. Below is a summary of these...
Today, Rishi Sunak announced an expansion of the Job Support Scheme and the introduction of grants to businesses which he says will ‘significantly strengthen our toolkit for protecting jobs and businesses over the weeks and months to come.’ ...
In response to the rising number of coronavirus cases, on 22 September 2020 the Prime Minister announced some changes to working practices. Key takeaways from the announcement: Office workers should work from home where possible. If this is not possible,...
With travel plans disrupted this summer, most employees will be hesitant to use their holiday allowance until the current restrictions are lifted. Employers are keen to have workers working rather than on holiday, especially as the business starts to...
I am sure many, business and employees alike, are looking forward to the flexibility under the coronavirus job retention scheme from 1 July 2020 and the possibilities it brings. However, there is one important restriction that might have been overlooked and...
We've known some of the details since the changes were announced in May and guidance released earlier this month. Further guidance was released on 12 June 2020. What follows is a summary of how furlough will operate from 1 July 2020 and collated...
On 1 June, around 5pm, I finished presenting an online event for the Essex and Ipswich branch of the Chartered Institute of Personnel and Development rounding up Covid-19 legal issues for HR professionals and managers. I checked my phone and accepted...
Since the announcement that the Coronavirus Job Retention Scheme will close to new entrants from 30 June, and the last day to place ‘new’ employees on furlough is 10 June 2020, confusion has come to the fore about those on family leave. We...
Employers may be considering making redundancies and employees may be notified that they are to be made redundant. Both will be keen to understand what payment they should receive if the employee is on furlough. If you have any questions relating to...
From 1 July onwards, the maximum number of employees that can be claimed for in any period cannot be higher than the maximum number that have been claimed for in a previous period. For example, if the highest single claim for periods up to and including 30...
On 29 May 2020, as part of the government daily briefing, the Chancellor announced the awaited details of how the Coronavirus Job Retention Scheme (CJRS) (or furlough scheme) will change come 1 August 2020. The headlines are that: For June and July...
The reclaim scheme put in place during the Covid-19 pandemic for some organisations to reclaim statutory sick pay is now live (26 May 2020). Broadly, employers who had fewer than 250 employees on 28 February 2020, are eligible to reclaim up to two...
It seems like a lifetime ago we were discussing and preparing for the implementation of changes to IR35 and off-payroll working rules from 6 April 2020. On 17 March 2020, amid the Covid-19 pandemic, the government took the welcome step to delay the...
The Government set out revised guidance on 10 May 2020. It said where employees could do so they should work from home but where that was not possible employers are encouraged to get employees back to work in a safe environment. If employers are...
Government has said that it is important for businesses to carry on during this crisis. Some businesses are starting to reopen or seeing workload increase and looking to employees to return to the workplace, having worked from home or been on furlough under...
Following the Prime Minister’s announcement on 10 May 2020, guidance was issued late on 11 May 2020: Our plan to rebuild - The UK government’s COVID-19 recovery strategy New guidance launched to help Brits safely back to work ...
Whilst on furlough, employees cannot work for or on behalf of their employer. Guidance says work is any work that: makes money for the employer or any organisation linked or associated with the employer provides services for the employer or any...
HMRC guidance issued on 30 April 2020 relating to the Coronavirus Job Retention Scheme (or CJRS, or the furlough scheme) clarified that employees on furlough (acting as representatives or companions) can carry out their duties and activities as a companion...
For most, but not all, the ‘crisis’ stage of the Covid-19 pandemic is over and both business and employees are starting to reflect on what has happened and, more importantly, focus on what is to come. When and how the lockdown will be lifted? ...
Following Brexit, there will be changes to the way in which all migrants come to the UK to work. From 1 January 2021, free movement will end and a points-based immigration system, applying equally to EU and non-EU citizens, will be introduced. Under...
Some employees may be concerned about being required to work, or being asked to return to work, during the COVID-19 crisis. This is especially as the Secretary of State said that COVID-19 posed a serious and immediate threat to health on 10 February 2020. ...
On 4 April 2020, the government updated its guidance for employers in relation to the Coronavirus Job Retention Scheme, which enables employers to claim for employee wages, up to specified limits. The updated guidance addresses office holders, company...
On 25 March 2020 the Coronavirus Act became law. One of its purposes is to ease the burden of frontline staff, both within the NHS and beyond. It provides for Emergency Volunteer Leave. The Act sets out a new statutory right for workers to take emergency...
Click here for the latest workplace guidance for employees 14 May 20 update The Prime Minister announced a change in the position on working on 10 May 2020. It represents a shift from “you should work from home if you can, and only go to work if...
The Chief Secretary to the Treasury announced on 17 March 2020 that the extension of the off-payroll working rules and IR35 will be postponed to 6 April 2021 . Broadly, IR35 was introduced to ensure that those who worked like employees paid broadly the...
Click here for the latest workplace guidance for employers 14 May update The Prime Minister announced a change in the position on working on 10 May 2020. It represents a shift from “you should work from home if you can, and only go to...
From 6 April 2020, new increased compensation limits for employment tribunals will come into force. Under the provisions of the Employment Rights (Increase of Limits) Order 2019, the increases include a revised figure of £538 (currently £525) for...
Government, on 27 February 2020, confirmed the reforms to the off-payroll working rules will be introduced from 6 April 2020. Nothing new there then. It has already been announced that the changes will apply only to services provided on or after 6 April...
The Prime Minister has said coronavirus could spread 'significantly' and, potentially, a fifth of the workforce could be off sick at its peak. I understand the situation is of growing concern to individuals and employers alike. At work, both...
Last year, in the case of Chief Constable of Leicestershire v Hextall, the Court of Appeal decided that it was not discriminatory to pay men on shared parental leave less than a woman received whilst on maternity leave. Hextall asked for permission to...
The government has announced that it is launching a review into the implementation of changes to the off-payroll working rules. In an official statement, it said, ‘the review will determine if any further steps can be taken to ensure the smooth and...
A Tribunal has determined that ethical veganism is a ‘philosophical belief’ and is capable of protection from discrimination. Jordi Casamitjana, an ethical vegan, claims that he was treated less favourably by his employer because of his...
There are a number of circumstances where directors can be subject to personal liability arising from their wrongdoing while managing a company. These can include: breach of duties under the Companies Act 2006 wrongful trading under the Insolvency Act...
The definition of 'employee' in TUPE is "an individual who works for another person whether under a contract of service or apprenticeship or otherwise..." In a judgement published yesterday, an employment tribunal held that the Acquired...
Often queries are raised when a solicitor is asked to sign a settlement agreement and they give a fee quote of £500 or more to do that work. It is sometimes assumed that the solicitor merely has to “rubber stamp” the agreement by signing...
Just over a year ago, I worked my last day at a firm I had worked at for 13 years. I had given notice and, in accordance with my contract, I was put on garden leave. I wasn’t able to say goodbye to clients how I wanted. I wasn’t able to hand...
According to news reports, McDonalds has fired its chief executive for having a relationship with an employee. This relationship was in breach of its policy on conflict of interest. The reports don’t give any details about the other employee, but they...
A recent case concluded that a business was not liable for a private social media post made by an employee out of hours and using their own equipment. We discussed the implications of this case at recent HR Forums and the reaction was, it’s fair to...
The University of Sussex has recently reported that banning out-of-hours email could actually be more harmful to some employees. They concluded, as I suspect most will have anticipated, that preventing access to work emails out of hours may help some but...
Israel Folau, a rugby player who was recently sacked by Rugby Australia following his homophobic comments made on social media, has had a controversial GoFundMe page shut down. Folau had his contract terminated by Rugby Australia in May, after he said,...
In recent times, gender pay, sexual harassment and especially mental health in the workplace have been under the spotlight for good reason and with positive effect. However, there is always more to be done and always other things which are just outside or...
Two recent reports, one by Vitality in January 2019 and one by the Chartered Institute of Personnel and Development (CIPD) in April 2019, have highlighted increases in so-called “presenteeism”. Presenteeism refers to employees attending...
As a charity trustee it can often be difficult to find the time to juggle your job, personal and family life along with the strict duties involved in being a trustee. In order to address this problem a group of MPs have put forward a proposed amendment to...
In most cases an employee must have acquired 2 years’ continuous service before they can make a claim for unfair dismissal. This is commonly known as “ordinary” unfair dismissal. However, there are over 25 exceptions to that rule where an...
Julie Temple , Partner and Head of BLHR and Employment team at Birkett Long, tells us about her career in law, what has changed, and what needs to continue. When did you start your career in law? My career in law began when I started at Birkett Long...
From 6 April 2019, new increased compensation limits for employment tribunals will come into force. Under the provisions of the Employment Rights (Increase of Limits) Order 2019, the increases include a revised figure of £525 (currently £508) for...
Female employees are claiming that they are not paid the same as male workers who are doing comparable jobs at supermarket giant Morrisons. The claims which are being made relate to the difference in pay between employees who work on the shop floor, who are...
The following payment increases are expected to take effect from: 6 April 2019: statutory sick pay from £92.05 to £94.25 per week. 7 April 2019; statutory maternity pay, paternity pay, shared parental pay and adoption pay from...
There has been an increasing number of high-profile cases in recent years considering whether individuals are employees, workers or self-employed. Most have gone in favour of the individual, lending some weight to the idea (which has increasing support in my...
On 25 January 2019, the government launched a consultation on plans to tackle pregnancy and maternity discrimination. This is part of a series of measures being considered following the so-called Taylor Review. The consultation proposes to require...
The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 come into force on 6 April 2020. The Regulations implement some changes recommended in the ‘Good Work Plan’ published on 17 December 2018. So...
It can easily be overlooked that in England & Wales a person who is an executive director of a company will often also be a worker, under the Working Time Regulations 1998 and an employee of the company, under the Employment Rights Act 1996 and various...
In July, the gov.uk website stated that a record 22,400 workers would receive millions in back pay. Employers who pay workers less than NMW must pay back arrears of wages to the worker at current minimum wage rates and face financial penalties of up to 200%...
“Unions say action needed to protect UK workers in heatwave’’ The Trade Union Congress is pushing for a legal maximum temperature in the workplace, with a high of 30 degrees for indoor work environments and 27 degrees for more...
This month has seen two significant National Minimum Wage (NMW) issues in the headlines. On 6 July the gov.uk website stated that a record 22,400 workers would receive millions in back pay and on 13 July the Court of Appeal in Mencap and Tomlinson-Blake...
Parliament has passed a new law this week, dubbed ‘Will’s Bill’ in honour of the campaigning carried out by Colchester MP Will Quince. The Bill creates a statutory right to time off work for employed parents, with pay, where eligibility...
Under the Pensions Act 2008, the minimum pension contributions by both employers and staff are required to increase over time. Currently the employer’s minimum contribution rate is 1% alongside the staff contribution rate which is set at 1%....
The Equality and Human Rights Commission’s (the EHRC) survey reveals a worrying trend in employers’ attitudes towards the rights of pregnant women and new mothers. The EHRC has published the results of a survey with the aim of trying to...
With heavy snowfall across the country following the arrival of the ‘Beast from the East’ and Storm Emma, we are told to expect continued travel disruptions along with school and office closures. But what do the adverse weather conditions mean...
Recent research published by YouGov has revealed that if workers had a choice they would prefer their working day to start and finish earlier, rather than work what has become the conventional ‘9 to 5’ pattern. This is not surprising in view of...
In response to last year's Taylor Review into working practices, the government has promised an overhaul of employment rights to improve conditions for those in the gig economy. The Business Secretary, Greg Clark, said the measures would "address...
In October 2017, the Department for Work and Pensions and the Department for Health published a review of mental health and employers. The review was written by Paul Farmer (the chief executive of Mind) and Dennis Stevenson (the former HBOS chair). They...
This week both Tesco and Sainsbury’s announced changes to their business models which included a high number of job cuts; but what does this mean for those employees who now face the potential prospect of losing their jobs? Given that the number of...
Businesses should protect themselves with a review of restrictive covenants regularly, to make sure they are appropriate to the role which the employee is carrying out. Businesses often put restrictive covenants and non-compete clauses in contracts of...
The Government is ramping up its visibility of this new law. Failure to comply with the General Data Protection Regulation could result in your business receiving a heavy fine. Businesses that deal with consumers need to: 1. Be aware that their...
Many claimants will have been put off from issuing a Tribunal claim because of the fee to be paid. Tribunal fees were abolished in July by the Supreme Court, which held that the imposition of fees was unlawful. It is highly likely that...
Public Health England (PHE) is an agency of the Department of Health, with a brief to advise and support government, local authorities and the NHS in a professionally independent manner. PHE is responsible for making the public healthier and reducing...
On 12 April the Transport Secretary, Chris Grayling, announced the long-awaited decision on the preferred route for the new Lower Thames Crossing, saying that it could create more than 6,000 jobs and boost the economy by more than £8 billion. The new...
The recent judgment of Achbita v G4S Secure Solutions NV C-157-15 on Tuesday 14 March 2017, saw the conclusion of the controversial case regarding prohibiting the wearing of headscarves for religious reasons in the workplace. Ms Samira Achbita was a...
Unfortunately for the mental health sector, the festive season is the busiest time of year. Sadly, with so many things reminding us of the ones we love, Christmas can be very challenging for those who have experienced loss. The Government were recently...
"A standout name in Essex" quoted by Legal 500 2016 for Birkett Long! This year has been a great success for Birkett Long, 3 of our partners have again been ranked as "Leading Individuals". These are Claire Read, Head of Wills, Trusts...
As Britain exceeds over 32c today a proposal has been made by MP’s to pass a law advising employers that if the temperatures should rise above 30c they should send their employees home. The proposal has been raised in a parliamentary motion lead by...
A recent television programme set out to demonstrate that employees who took their pets to work performed better. A recent survey undertaken by a pet insurance company found that 1 in 20 new pet owners were offered time off work to look after a sick or a...
“I‘m sure I was not the only one to take an interest in the recent news about Starbucks being successfully sued by one of its employees for disability discrimination. Meseret Kumulchew brought a claim against Starbucks alleging disability...
Sports direct has been branded a bad advert for British business in a debate in the House of Commons and MPs are calling on HMRC to investigate. A Guardian investigation into working practices showed some of the staff were earning less than the national...
The news today reported that the junior doctor dispute is to go to talks at ACAS. ACAS will broker talks between the junior doctors and the government over the junior doctors’ contracts. This will be something of a challenge for ACAS , probably...
The government has just published the draft Exclusivity Terms in Zero-Hours Contracts Regulations and Guidance on zero hours contracts aimed at employers. The main thrust of the Regulations to prevent the individual doing other work for a different...
Claims against the taxi hailing app operator Uber have recently been issued in the Central London Employment Tribunal. Supported by the GMB union Uber drivers are claiming protection including entitlement to National Minimum Wage and holiday pay. The claims...
It has been reported that Jose Mourinho and Chelsea FC are to be sued by Eva Carneiro for constructive dismissal and it seems sex discrimination. What is noteworthy about this case is that it is based on an incident where a football player, Eden Hazard, was...
The BBC reported that a worker was trapped in a walk-in refrigerator overnight for 8 hours . Her employers admitted breaching the Health & Safety at Work Act and was fined £4,000 and ordered to pay over £2,000 in court costs. It seems...
According to a BBC news article , pay is rising at its fastest rate since 2009 whilst unemployment has risen by 10,000. This might indicate a shift in the labour market with an increasing turnover of staff, whether driven by employer or...
I see in a recent school case which had to close down due to falling numbers that the employer was liable for the maximum protective award of 90 days pay per employee for failing to consult over collective redundancies – that is to say a minimum...
