Unison’s Tribunal Fee Appeal Rejected

The Court of Appeal has rejected Unison’s appeals in its two judicial review applications claiming that the fee charging system in the employment tribunal and employment appeal tribunal is unlawful. It upheld the decisions by the High Court that the introduction of the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 did not breach the principle of effectiveness, was not indirectly discriminatory and did not involve a breach of the public sector [...]

By |September 2nd, 2015|Uncategorized|

Increased penalties for failure to provide new national living wage

Employment Minister Nick Boles has announced that tougher penalties will be enforced on employers failing to provide the new national living wage of £7.20per hour for those aged 25 and over from April 2016.

Penalties for non-payment will be doubled, from 100% of arrears owed to 200%, although these will be halved if paid within 14 days. The maximum penalty will remain £20,000 per worker.

Whilst there is some speculation that the imposed increase from the [...]

By |September 1st, 2015|Uncategorized|

Safer Lorries Scheme in London

A quick reminder to our logistics clients and those with lorries and construction vehicles over 3.5 tonnes in the London area.

From 1st September 2015 new laws are being introduced in a bid to make London safer for cyclists. In the Scheme vehicles over 3.5 tonnes will be required to:

Be fitted with Class V and Class VI mirrors giving the driver a better view of cyclists and pedestrians around their vehicles
Be fitted with side [...]

By |August 6th, 2015|Uncategorized|

Introduction of National Living Wage

Many of you will have seen the recently published Government plans in relation to the introduction of a National Living Wage (NLW).

The new NLW is set to commence in April 2016 and will introduce a premium of 50p per hour on top of the National Minimum Wage (NMW) introducing an hourly rate of £7.20phr for all employee’s over the age of 25. The same penalties/liabilities will apply for any organisation who does not meet these minimum [...]

By |August 6th, 2015|Uncategorized|

Labour candidate proposes radical employment law reforms

The Labour leadership candidate, Jeremy Corbyn, has published a ‘Working With Women’ document in which he makes several employment law pledges as part of his campaign, the most eye-catching of which are ‘all workers given protection against unfair dismissal from day one’ and ‘no fees at employment tribunals’.

A qualifying service requirement has applied to the right to claim unfair dismissal since it was introduced in 1971, although it has varied in length from six [...]

By |July 29th, 2015|HR / Employment Law News|

Tribunal fees inquiry launched by select committee

Following the Government’s announcement of its long-awaited review of employment tribunal fees in June this year, a select committee of MPs has launched an inquiry into whether court and tribunal fees has affected access to justice.

The opening of the inquiry was accompanied by the following statement:

 
“Over the course of the last Parliament the coalition Government pursued policies aimed at decreasing the cost of Her Majesty’s Courts and Tribunals Service (HMCTS) to the public [...]

By |July 23rd, 2015|HR / Employment Law News|

A cap on holiday accrual during long term absence

Many organisations find it frustrating when an individual on long term sickness is able to access their paid annual leave entitlement despite not having attended work in that year. However, previous tribunal cases such as HMRC v Stringer have made it very clear that absent employees are still entitled to access their paid annual leave. In some cases, employers have faced hefty demands for payment where individuals have not taken annual leave whilst off and [...]

By |July 21st, 2015|Uncategorized|

Director sent to prison for health and safety offences

Two engineering company bosses and a recruitment agency have been sentenced for health and safety offences that resulted in the death of a 16-year-old apprentice.

A director was jailed for eight months and disqualified from working in that capacity for 10 years. His son was given a suspended sentence of four months in prison, was ordered to carry out 200 hours of unpaid community work and received a £3,000 fine. The Company was found guilty [...]

By |July 17th, 2015|Health & Safety News|

Government publishes draft Trade Union Bill

Consultation on the Government’s controversial reforms of strike balloting laws commenced this week and the proposals have been met with widespread trade union condemnation.

Currently, all that’s needed for lawful strike action to take place is a simple majority of those that vote in a ballot, regardless of turnout. This means that a small minority can exert their will over the majority of the workforce. In its manifesto, the Conservative Party promised legislation to curb [...]

By |July 16th, 2015|HR / Employment Law News|

Two-year cap on holiday pay claims takes effect

From today, workers lodging tribunal claims for unpaid wages relating to historical underpayment of holiday pay will only be able to go back 2 years.

Employers will welcome the introduction of new regulations significantly limiting their exposure to back-dated claims, following a series of recent rulings regarding what elements of pay should be included in the calculation of holiday pay.

Whilst the recent decision in the case of Bear Scotland v Fulton appeared to limit the scope [...]