The Employment Law implications of Louis Van Gaal’s sacking

If there is one thing that changes almost as much as employment law, it’s football managers. In April 2014, Manchester United parted company with David Moyes after less than a year on account of the club’s disappointing season, its first since the retirement of Sir Alex Ferguson. Now Moyes’ successor, Louis Van Gaal, has been dismissed two years into a three-year contract and Jose Morinho looks set to be named as his replacement. After [...]

Euro 2016 – Are you ready?

The 2016 UEFA European Championships are nearly upon us. Hopefully, Roy Hodgson has done what’s necessary to avoid a repeat of England’s performance at recent tournaments, but have you adequately prepared your own team members to ensure they keep their eyes on the ball?

The first of England’s three group matches (vs Russia) falls on a Saturday and so won’t greatly affect businesses who operate a standard Monday to Friday, 9-5 working pattern. The third [...]

Government consults on tipping

A consultation on tipping has been launched as part of the Government’s proposals to secure a fairer deal for workers, which include:


increasing transparency for consumers by clarifying that suggested tips are discretionary on their part;
stopping or capping all employer deductions from tips except those required under tax law;
reviewing / amending the existing voluntary code of practice and making it statutory in order to increase employer compliance.


The Government is also considering banning or [...]

How to conduct a disciplinary investigation

At EML, we are often called upon to chair disciplinary hearings. Even for complex issues, this should be a straightforward process. The investigation will have been conducted, the allegations set out in an appropriately worded notification letter and the evidence collated and presented to the employee. So why did we only say that chairing the subsequent hearing ‘should’ be a straightforward process? Because 9 times out of 10 it isn’t. All too often we [...]

Government investigates contractual non-compete clauses

As part of the Government’s pledge to make Britain the best place in Europe to innovate and start up a new business, Business Secretary Sajid Javid has announced plans by the Department of Business Innovation and Skills to look into restrictive covenants following suggestions (from whom exactly, we don’t know at this stage!) that they could be hindering start-up businesses from hiring the best and brightest talent.

The theory put forward is that contractual non-compete [...]

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|