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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...
The government will shortly set up an online service employers can use to reclaim Statutory Sick Pay (SSP). HMRC will announce when the service is available and SSP guidance will be updated. The Coronavirus Statutory Sick Pay Rebate Scheme will repay...
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...
The Chancellor announced on 26 March 2020 direct cash grants to the self-employed. This is 80% of the average monthly trading profit over the last three years and up to £2,500 per month for at least 3 months. About the Self-Employed Income...
Entitlement to pay and sick pay If you are ready, willing and able to work but for whatever reason are not provided with work or are sent home you are, in principle, entitled to full pay. If you are unwell you will be entitled to Statutory Sick Pay (SSP)...
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...
Entitlement to pay and sick pay If an employee is ready, willing and able to work, but for whatever reason the employer does not provide them with work or sends them home they are, in principle, entitled to full pay. If they are unwell they are...
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...
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...
McDonalds have come out and defended their use of zero hours contracts (ZHCs), saying that their staff appreciate the flexibility since they are given two weeks notice of their work schedules and are allowed to work elsewhere. If this is indeed the...
Elite firms 'exclude bright working class' A recent news item – covered by BBC news – pointed out that the five of the elite London law firms showed a clear bias towards the privately educated at their partner/associate/trainee...
From a recent BBC article http://www.bbc.co.uk/news/business-33405579 it seems that, before a Chinese real estate company’s board makes important decisions they pray to God; the chairman saying that it is not him but God who is running the...
The recent decision to close the Carcraft second hand car company and to suspend operations at Whistl, the postal delivery business, reminded me that trading conditions in some industries continue to be difficult and that in the circumstances redundancies...
http://www.bbc.co.uk/news/uk-32705376 With the dust of the recent election nowhere near settled, the new Conservative government is already promising to follow through on one of its manifesto commitments. It is not unusual for employment legislation...
Original news item – http://www.bbc.co.uk/news/uk-england-essex-32509850 I see that the London 2012 Olympic mountain bike track is opening to the public. That’s great, but you won’t see me there I’m afraid. I can only watch...
‘Christian health worker says the NHS made her look crazy’ A Christian health worker has said she was made to look “a bit crazy” when an NHS trust disciplined her for allegedly trying to convert a Muslim colleague. Miss Wasteney...
I was disappointed to read on BBC news that Deben Transport has been put into administration with about 200 staff to be made redundant. That will trigger the minimum 45 day redundancy collective consultation obligations (once 90 days) and hopefully those...
Zero hours contracts (ZHC) have become something of a political football. They are either unfair and oppressive, exploiting vulnerable employees, or a necessary part of a flexible and market driven economy, depending on your political shade. I am an...
The announcement today by Kingfisher that it is to close about 60 stores brings into timely focus the collective redundancy provisions, which require employers proposing to dismiss as redundant 20 or more employees at one location within a 90 day period to...
In reply to BBC News article – Office workers ‘too sedentary’ Apparently, all us office workers are spending far too much time sitting down at desks at work and it is “one of the biggest” challenges in health today, risking...
1. Was he employed by the BBC? 2. Assuming he was, the non renewal of a fixed term contract is a dismissal in law and therefore a sacking it was. 3. If the facts widely reported are true then a dismissal is, legally at least, not a surprising result, and...
The joys of holiday pay and calculating it have taken another step today with an employment tribunal’s decision that holiday pay should include an element for an employee’s commission. This is done by inserting new words into the Working...
I have been a Leeds fan since the glory days of Harvey, Madeley, Reaney, Charlton, Lorimer, Clarke, the Gray brothers, Giles etc in the 1970s so was delighted to hear of their victory in the High Court recently. The court held that the club was entitled to...
During my first week here in Weymouth at the National Championships Hurricane Bertha decided to storm through Portland for most of the week so I was very reluctant to use my brand new spinnaker so that it wouldn’t get damaged. It turned out to be a...
Day 2 Didn’t go as well as yesterday as the tail end of hurricane Bertha came through and as Amy and I are quite light, we struggled and we finished with a 15th and 36th putting us down to 12th place. Day 3 Today saw the wind at 10 to 12 knots,...
With the Tour de France fast approaching, and the UK experiencing hot weather and sunny days, cyclists can be spotted out and about taking full advantage of the glorious weather. The temptation to get on your bike without a safety helmet seems to be high...
It was announced on Wednesday that, from 30 June 2014, any employee with 26 weeks service can make an application to work flexibly. Currently only parents of children under 17, or 18 if disabled, can make such an application. The basic right...
In a development which I have been warning my large employer clients about for some years, it seems that employees in the private sector are finally waking up to the potential to bring Equal Pay Act claims against their private sector employers. Over 400...
I see today that there is Twitter talk about a Labour government abolishing employment tribunal fees… This has been something of a contentious part of the government’s recent tribunal reforms, with detractors saying that they are a barrier to...
Pursuant to provisions of the Licensing Act 2003 the Secretary of State has issued SI 2014/1294 for the special occasion of Brazil hosting the FIFA World Cup. Many of the games kick off late in the evening and finish after 11pm. It is likely many pubs and...
If you look carefully, you will see some of the tougher members of the BL team, about to take on the Nuclear Rush at Kelvedon Hatch, Brentwood on Sunday. We chose either the 6 or 12 km run, through the mud, water and 55 obstacles that lay ahead of us, in...
In some combative language, to say the least, Matthew Hancock, the Minister for Education and Business, has commented on the recent drop in the total number of tribunal cases. Recent figures show a 79% fall in the number of tribunal cases for the last three...
I see that David Moyes has finally been dismissed. I suspect that the ACAS code of practice won’t come into play on this one and that he will be richly paid off, with one report quoting as much as £10m. That’s £1m per month…...
A frequent sporting irritation of mine is sloppy football commentating. How many times will a commentator say “..and he beat the keeper but it went narrowly wide..”? Well, the fact is, it didn’t beat the keeper, as it didn’t, and...
So far 2014 has been good to me – I am gradually getting in the shape I’ve wanted to be in! I started 2014 with a County cross country win and I saw myself flying off to Seville to claim my second England cross country vest this winter! I began...
The Ministry of Justice has just published its latest quarterly employment tribunal statistics for the three month period ended 31 December 2013, which confirms our suspicions that there has been a massive drop in the number of claims presented by employees...
When will this stop being an issue? Why can’t the UK lead the way? When will the rest of the World catch up? In a way, I feel that by writing this I’m contributing to the problem as, ultimately, we all want to get to a place where there...
The Employment Tribunal Compulsory Conciliation rules have been published, confirming that early conciliation will come into force on 6th April 2014. Under the new rules, claimants will need to contact Acas before issuing a tribunal claim, albeit there is...
Unison’s challenge to the lawfulness of the introduction of tribunal fees is rejected by the High Court. The Court said that proceedings will be expensive but not to the extent that bringing claims will be virtually impossible or excessively difficult....
The government has launched a consultation on zero hours contracts. It seeks evidence on the use of such contracts and views on possible options. The consultation identifies the two main concerns posed by zero hours contracts as exclusivity clauses and a...
It is good to see that unemployment in our region has fallen by 23,000. The government will no doubt say that this is due to the growth stimulus measures that have put in place recently, designed to encourage employers to take employees on without the fear...
Zero hours contracts just can’t get out of the news! – although this time the nature of the contract is largely irrelevant to the point in issue which regards holiday pay, and whether a ‘relevant agreement’ can specify a token sum to...
I see that following the BIS’s information gathering on zero hours contracts, Vince Cable, the Business Secretary, has announced that the Government will launch a consultation on tackling suspected abuse, to ensure that employees get ‘a fair...
