Preparing for the apprenticeship levy

As part of the Government’s commitment to increase the quantity and quality of apprenticeships, the Chancellor, George Osborne, announced in November 2015 that the Government intended to introduce an apprenticeship levy on large employers which would raise £3billion a year in order to fund 3 million new apprenticeships by 2020. Following consultation, the Government published draft legislation on the introduction of this levy earlier this year.

The draft legislation confirms that the levy will come [...]

By |April 21st, 2016|HR / Employment Law News|

Unlawful religious discrimination or reasonable actions of an employer?

In a recent Employment Appeal Tribunal (EAT) it was found that an employer had acted reasonably when taking a manager to task in relation to her conduct.

The manager in question, Ms Wasteney, is a Christian who had taken it upon herself to engage a junior colleague, of Muslim faith, in discussions regarding Christianity. The actions had gone so far as to include praying with the junior colleague, laying on of hands, giving the junior [...]

By |April 11th, 2016|Uncategorized|

Home care providers may face Tribunal claims following recent reports

It has long been the legal position that the time that a worker spends travelling between work-related assignments (except the time spent travelling from home to the first assignment) will constitute working time under the National Minimum Wage Regulations  unless it is so long as to enable the employee to return home.  This was determined by the EAT in Whittlestone v BJP Home Support, 2013, which dealt with the case of a care worker [...]

By |March 18th, 2016|Uncategorized|

How will the outcome of the EU referendum affect UK employment law?

It won’t have escaped your notice that an in-out referendum is to take on 23 June 2016 in order to determine whether or not the UK remains a member of the European Union (EU). But what could this mean for employment law?

If the UK votes to leave the EU, the Government would be free to contemplate deviating from current European requirements, e.g. in relation to working time and holiday entitlement, TUPE transfers, collective redundancy [...]

By |March 11th, 2016|HR / Employment Law News|

EAT finds that Childcare Vouchers are not payable during Statutory Maternity Leave

Employers who operate Childcare Vouchers under Salary Sacrifice Schemes may or may not be aware of published HMRC guidance which indicates that such vouchers must continue to be paid to the employee during periods of statutory maternity leave, even though the employee is not entitled to their normal remuneration (and the cost of such benefits cannot be deducted from any statutory maternity pay).  This means that the employer pays more during maternity leave to [...]

By |March 11th, 2016|HR / Employment Law News|

Awards for redundancy and unfair dismissal to increase

From 6 April 2016, the limit on the amount employment tribunals can award for unfair dismissal and statutory redundancy pay increase under The Employment Rights (Increase of Limits) Order 2016.

The limit on a week’s pay for the purposes of calculating statutory redundancy pay will increase from £475 to £479, meaning the maximum basic award for unfair dismissal will increase from £14,250 to £14,370.

The limit on unfair dismissal compensatory awards will also be subject to [...]

By |March 11th, 2016|HR / Employment Law News|

Are you responsible for your employees’ criminal acts?

Yes, says the Supreme Court in considering the case of Mohamud v WM Morrison Supermarkets plc.

Mr Mohamud was attacked in March 2008 as he was on his way to London to take part in a demonstration against the war in Somalia. Court documents say he asked Mr Khan, an employee of Morrison’s, to print some documents he had stored on a USB memory stick as a “favour”. Mr Khan responded by being abusive and [...]

EAT upholds tribunal decision on holiday pay and commission

Further to our newsflash on Monday regarding the EAT judgment in Lock v British Gas Trading in which we revealed that the employee had succeeded in his argument that holiday pay should incorporate an element reflecting the commission he would receive if he were at work, we have now had time to digest the detail and give a more substantial account of this long-awaited decision.

British Gas’ appeal was against the decision reached by Leicester [...]

By |February 25th, 2016|HR / Employment Law News|

Newsflash – British Gas lose holiday pay appeal

It is being reported that the long-awaited EAT decision in the Lock v British Gas Trading case has gone the way of the employee.

A press release has just been published on the Unison website indicating that Mr Lock has succeeded in his argument that holiday pay should incorporate an element reflecting the commission he would receive if he were at work.

British Gas’ appeal was based on the following grounds:

 

commission and non-guaranteed overtime are dealt [...]

By |February 22nd, 2016|HR / Employment Law News|

Director given suspended prison sentence for health & safety failures

A scrap metal firm has been fined after a Manchester-based employee suffered severe injuries to his left arm when it became stuck in a forklift truck and was trapped for more than two hours.

The boss of Ultimate Traders was handed a suspended jail term and fined £750 after he and the business were prosecuted by the Health & Safety Executive (HSE). The unnamed worker, aged 30, remained trapped for over two hours while the [...]

By |February 19th, 2016|Health & Safety News|