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holiday pay entitlement

Pimlico Plumbers taken to the cleaners over holiday pay

Smith v Pimlico Plumbers Ltd [2021] CA The facts of the case Mr Smith worked for Pimlico Plumbers between 2005 and 2011. For much of that time he was considered “self-employed”. In line with this apparent status, he was informed that any leave taken would be unpaid. He did take leave from time to time, for which he received no remuneration. The relationship broke down in May 2011 and in August 2011 he submitted a claim for holiday pay. More

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14th February 2022
changes to the highway code employees of drivers should be aware of

Highway Code updates: Actions for employers

Employers that employ staff in a driving role, or employees who are expected to drive in the course of business, are being advised to take note of recent updates to the Highway Code, ensuring that the changes are communicated to relevant employees and that their Road Safety Policies are amended accordingly. The controversial Highway Code amendments, which were introduced on 29 January 2022, saw updates to nine sections of the code, with 50 rules added or changed. Significantly, the code

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9th February 2022

Don’t mention retirement! Employers warned to be more mindful

A recent case to hit the employment tribunal has highlighted the need for employers to take care in relation to discussions around retirement, after it was ruled that a 73-year-old Asda worker had been constructively unfairly dismissed. The employment tribunal upheld that Asda worker Mrs Hutchinson had been constructively unfairly dismissed and discriminated against on the basis of age and disability after she was repeatedly asked if she wanted to retire. What are the facts of the case? The case centres

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3rd February 2022

COVID: New year, same challenges

When we consider the likely HR and Employment Law developments for 2022, COVID is still top of the agenda and continues to present unprecedented challenges for people and the organisations they work for. HR and Employment Law developments linked to the pandemic have been coming thick and fast of late and show no signs of slowing down. As such, we thought we’d take stock and compile a quick-reference guide to some of the most common issues that we’ve been advising

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10th January 2022
employe assistance programme

Racial discrimination within the workplace and how you can eliminate it

Racism in the workplace was once again in the headlines last month following the accusations of harassment and bullying of cricketer Azeem Rafiq during his time at Yorkshire County Cricket Club due to his South Asian heritage. Rafiq stated that he was subject to “institutional racism” while playing for one of the top cricket clubs in Britain. Not only did Rafiq’s teammates refuse to call him by his real name and referred to him with racial slurs, he also reported

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20th December 2021

Déjà vu: What the latest instruction to work from home means for employers

On 8 December 2021, Boris Johnson announced that the guidance for office workers in England to work from home if they can was to be introduced from the following week. When is it effective? This instruction will be effective from 13 December 2021 and will run until at least mid-January 2022, with a review taking place early in the New Year. Why is it being introduced? The measure is part of England’s move to what the Government has christened ‘Plan

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9th December 2021

At what point is a person with cancer deemed to be disabled under the Equality Act 2010?

The Equality Act 2010 makes it unlawful to discriminate against someone on the grounds of a protected characteristic, one of which, is disability. Under the Act, a disability is a physical or mental impairment which has a substantial and long-term impact on the individual’s ability to carry out normal day-to-day activities. There are a handful of conditions, one of which is cancer, that are a disability regardless of that test. According to the statutory guidance (ref page 10), a person

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23rd November 2021

Calculating Deductions for National Minimum Wage

On the surface, the concept of a National Minimum Wage (NMW) may appear a simple one. For every hour worked an employee or worker aged 23 and over must receive a minimum of £8.91 (as from April 2021) with lower rates applicable to those aged between 16 and 22. However, the waters are somewhat muddied when an employer makes deductions from wages of payments which will need to then be accounted for as they ultimately reduce the amount of total

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16th November 2021

New Acas advice on “firing and rehiring”

Acas has just published advice aimed at dissuading employers from ”firing and rehiring” employees, with their Chief Executive, Susan Clews, stating: “Our new advice is clear that fire and rehire is an extreme step that can seriously damage working relations and has significant legal risks for organisations. Employers should thoroughly explore all other options first and make every effort to reach agreement with staff on any contract changes. Organisations that consult with their workforce in a genuine and meaningful way

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15th November 2021

One size doesn’t fit all

With restrictions easing and the rise in the number of people being double vaccinated, discussions around returning to the workplace have been high on the agenda for many business owners over the past few months. However, these discussions are not straightforward and can involve some quite divisive opinions. The thought of returning to the workplace and mingling with large crowds is making some people feel anxious and uncomfortable. However, on the opposite side there are many who feel it is

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4th November 2021

EML – Your True People Partner

At EML, we’re more than just your HR partner – we’re your people partner. Putting your people first is important to every aspect of HR. That’s why we offer specialist services in people management, development coaching and leadership mentoring. Your people are your most important asset So, invest in them wisely! Your teams now are the leaders of the future. By building stronger management teams within your business, you can count on your senior employees to be far more confident

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27th September 2021

Will a refusal to hold an appeal always render a dismissal unfair?

For those of you in HR, the answer may surprise you…because it’s “No”! In certain circumstances, a dismissal can still be fair even where the employer refuses to hear an appeal. Now, don’t get too excited! In the vast majority of circumstances, the right of appeal should still be offered and the appeal process followed. However, it’s not always essential to the fairness of a dismissal as confirmed in the recent EAT case: Moore v Phoenix Product Development Limited. The

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23rd September 2021

Temporary Adjustments to Right to Work Checks Extended

The Government has announced that temporary adjustments to the procedure for undertaking Right to Work checks which were introduced in June 2020, and which allow employers to check scanned copies of documents during a video call with the job applicant, will be extended until 5 April 2022. For further details of how to undertake this process, see the Government guidance for employers here.

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27th August 2021

Did sending a pregnant woman home during lockdown amount to discrimination?

That is the question the Tribunal had to answer in the recent case of Prosser v Community Gateway Association Ltd and they found, on the facts of this case, that it did not. Ms Prosser was employed by the Association on a zero hours contract, working an average of 4 shifts per month prior to the coronavirus pandemic. Having informed her Line Manager on 13 March 2020 that she was pregnant, she was forwarded a link to the government advice

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9th August 2021
holiday pay

We’re all going on a summer holiday……..or are we?

The sun is shining, school is out and the pubs are open, all great news for the popularity of the UK ‘staycation’, but many people are still thinking of booking/re-booking a long overdue foreign holiday. As an employer already dealing with the impact of increasing rates of infection and self-isolation, you may be confused about exactly what rules apply to foreign travel, and worried about the impact of constantly changing quarantine rules on your operation. In this article we provide

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22nd July 2021