April 29, 2014

Does overtime qualify for holiday pay purposes?

Recent months have seen a procession of scary holiday pay judgements. It has been ten years since the Court of Appeal set out useful rules. In the well quoted precedent case of Bamsey v Albon Engineering, it held that “applicants were entitled to holiday pay calculated only on their contractual 39 hour basic working week,…

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How to get sued: Give poor employment references

Employers should proceed with caution when providing a reference for a former employee or else they may be liable to pay compensation. There is a duty of care on the part of the employer to ensure that all the information it provides in a reference is accurate. Even though a reference does not have to…

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April 22, 2014

Penalty! (For Employers in Tribunals)

Judges can now issue financial penalties against employers who lose at Employment Tribunal and are found to have committed foul play – thanks to new powers awarded by the government. There has been much hullaballoo of late about the introduction of fees for Claimants to issue a Tribunal claim in the first place and then proceed to a hearing…

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March 28, 2014

Early Conciliation: In depth

Early Conciliation is being introduced under the Enterprise and Regulatory Reform Act 2013. The Act contains a range of measures which will hopefully provide the right conditions to encourage long term growth and support business success. It address one of the fears that businesses have reported of having to defend an employment tribunal claim. These…

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How personal prosecution works

Ever wondered how personal prosecution works? What are your rights and your employees rights and what needs to be proven in order to prosecute someone? Here’s a brief look at the process. The Executive’s Enforcement Policy Statement (EPS) requires inspectors to identify and prosecute (or recommend prosecution of) individuals if they consider that prosecution is…

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New for 2014: Early Conciliation launching soon

The New Year has brought many changes to employment law and now one of the biggest developments is about to take place… the introduction of Early Conciliation. From the 6th April 2014, no prospective employee, employee or former employee can bring a claim to an Employment Tribunal without first obtaining, via ACAS,* an Early Conciliation…

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March 25, 2014

Do employees have to speak English at work?

An employer recently warned its foreign employees that if they did not speak English in the workplace they would be dismissed. On the face of it this may seem a relatively straight-forward issue and not at all unreasonable…but is it? There are many employers around the country that employ foreign workers which inevitably leads to…

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February 28, 2014

Confused about new Early Conciliation laws?

Workers with employment disputes will soon be required to fill out an ‘Early conciliation form’ – with basic details of the claimant and the company – before they can submit an employment claim to an Employment Tribunal. The mandatory early conciliation form, proposed to come into force on 6th April 2014,  will not require details…

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February 27, 2014

Employment Tribunal Fees to stay…for now

Employments Tribunal fees were introduced last year, requiring claimants to pay fees up front. In reaction, UNISON challenged the validity of the imposition of fees, but was eventually unsuccessful. UNISON said that the fees are “unjust and discriminatory” and had been widely criticised as having denied people access to justice. Given that the majority of people who…

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Extending the right to request flexible working

The right to request flexible working is soon to be extended to all employees with 26 weeks’ service – not just those caring for a child or dependant adult. Although the extension was expected to come into force this April, the changes have been delayed until 30th June 2014. What will change? The current “right…

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January 30, 2014

TUPE changes are now in force

The latest shake up to employment law has now come into force. ‘TUPE’ is an acronym for the Transfer of Undertakings (Protection of Employment) Regulations 2006. There are currently between 25,000 and 50,000 TUPE transfers in the UK each year. The Government believes that the provisions set out in the 2006 Regulations “gold plate” the…

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Shared parental leave is on the horizon

Parents can soon share the responsibility of raising newborns when a new law comes into force that allows ‘shared parental leave’. ‘Shared Parental Leave’ is a new system which will replace the current schemes for maternity, adoption, paternity and additional paternity leave from April 2015.  The government has recently released more details about how the…

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