Employers still face uncertainty after the Supreme Court refused to hear an appeal of a ruling that holiday pay should include contractual, results-based commission.
Businesses which generate and pass work to third party individuals to carry out on a
self-employed basis should consider whether those individuals may in fact be 'workers' under UK law - and entitled to basic employment law rights - following a third important legal ruling.
Employers wishing to settle claims for statutory maternity pay (SMP) by pregnant employees should ensure any settlement agreement expressly mentions the SMP (including how it was calculated), or the employee may be able to claim SMP separately.
Businesses which generate and pass work onto third party individuals, but who currently treat those individuals as self-employed, should consider whether they may in fact be 'workers' under UK law and entitled to basic employment law rights, following a second important legal ruling.
Employers should ensure they do not behave improperly when having 'protected conversations' with an employee, or risk the employee being able to refer to those conversations in an unfair dismissal claim. This includes ensuring that any time limits the employer imposes on the employee are reasonable.
Employers should ensure it is clear when works events have ended, meaning that their liability for the safety and wellbeing of their workforce has also ended — otherwise they risk being found vicariously liable for post-event injuries, a recent case highlights.
Buyers negotiating to buy a business should carefully consider what non-compete, non-solicitation and other restrictions on the seller's future business activities to press for in the sale agreement, as such restrictions may be more widely drafted than comparable provisions in an employee's terms of employment, the court has made clear.
An employer could fairly dismiss an employee who refused to do overtime in its busiest period in breach of her employment contract, and whose behaviour could have incited colleagues to refuse to do overtime, with potentially disastrous consequences, an Employment Tribunal has ruled.
Businesses which generate and pass work to third party individuals and take a commission each time, should consider whether those third parties may be 'workers' and entitled to basic employment law rights under UK law (and not self employed), following an important ruling.
Employers should make sure they understand which preparatory steps a director may lawfully take before joining a competitor, which steps would be breaches of their directors' duties, and what compensation they can claim for breaches in such circumstances, when considering legal action against former directors.
Whether you need help developing your technology, want to improve your skills or are looking for new distribution channels, networking and forging the right alliances can give you the knowhow you need.
The internet is essential for doing business. However, it can also be a great way for employees to waste time, cause security issues, or give you legal headaches.
Good procedures enable you to deal with disciplinary and grievance issues consistently and fairly, with a view to sorting them out before they become serious. Fair and transparent procedures are also vital to help you avoid potential accusations of unfair dismissal.
A contract of employment exists as soon as an applicant accepts your offer of a job.
Business information can be an important contributor to your competitive advantage. Good filing and record-keeping systems make sure you have what you need, and avoid wasting time and effort looking for misfiled information and misplaced files.
Using the right advisers helps ensure that you deal with important financial, legal and other issues the right way. Advisers can also act as an excellent sounding board for your ideas, offering general guidance as well as specialist expertise.
Volunteers at community organisations are often surprised to discover that their legal responsibilities are little different from those of businesses run for profit. For example, a community organisation that fails to comply with health and safety regulations risks harming people in just the same way as a business does.
All businesses that keep any information on living and identifiable people must comply with the Data Protection Act. The Act applies to any computerised or manual records containing personal information about people.
On the horizon in 2017
A summary of the changes facing UK employment law in 2017, with recommendations for best practice.
Employment law changes in 2016: eight things employers should know
In 2016, employers will begin to feel the impact of several employment law reforms made by the UK government. Bar Huberman looks at some controversial decisions affecting a number of HR areas.
Employers not required to create ideal job for returning employee
Report on the UK Employment Appeal Tribunal's ruling that employers are not always required to create an 'ideal job' for an employee returning from sickness absence. The ruling was delivered in the case of Makuchova v Guoman Hotel Management.
Dispelling the myths about Fit for Work
An article busting five myths surrounding the UK government's new 'Fit for Work' scheme, due to launch in autumn 2015.
Adapting OH to strengthen an ageing workforce
Simone Lewis investigates how employers can use occupational health (OH) to provide a healthy working environment for older workers.
It's a thin line between obese and disabled
Employers should be aware that if severe obesity prevents an employee carrying out their job, it can be considered a disability.
When are "protected conversations" not protected?
Employers should be aware that there are exceptions to the rules surrounding protected conversations and there are instances in which using the 'without-prejudice' rule might be safer.
Membership of extreme political parties, criminal activity, football hooliganism, taking illegal substances: if your workers' leisure activities create problems with other colleagues or customers or could potentially damage your business' reputation – what can you do?
Stay on the right side of the law with our legal round-up of recruitment interview dos and don'ts.
You must comply with legal requirements on employees' working hours. Giving employees fair holidays and pay can also help to improve performance, reduce accidents and cut unauthorised absenteeism.
Asking relatives to lend a helping hand with your business is quite different from recruiting somebody from outside the business. What are the additional considerations when hiring kith and kin and is it wise to choose a family member?
Employers need to know what amounts to a disability and what they have to do if they have a disabled employee or job applicant. Our quick guide will make sure you have covered all the bases.
Gross misconduct is behaviour, on the part of an employee, which is so bad that it destroys the employer/employee relationship, and merits instant dismissal without notice or pay in lieu of notice. Get the procedure right with the help of this step-by-step guide.
When an employee leaves, for whatever reason, it is vital to get everything right, from reclaiming your property to ensuring your confidential information is kept secret after the employee leaves. Check out the key steps to take for a trouble-free termination.
Employees might like the sound of flexible working to give them a better work:life balance. But how flexible do employers really need to be?
Zero hours contracts have been in the news but what are they, and what are the pros and cons for employers?
Employment law covers a vast area – from employment contracts to dismissal and everything in between. Complying with employment law keeps your workforce happier and more productive, and saves you the cost and stress of employment tribunal claims. Read these 15 key employment rules to help you get started.
Employment Act 2008
Full text of the Act as enacted and revised, with explanatory notes.
Employment Rights Act 1996
Full text of the Act as enacted and revised, with explanatory notes.
This is not an exhaustive list of legislation relating to employment. The ICAEW Library holds numerous print publications on employment law and also subscribes to electronic databases with the complete text of UK legislation. For information on accessing these resources, please contact the Library.
Guidance from Gov.uk covering pay, contracts and recruitment.
Resources from the Chartered Institute of Personnel and Development (CIPD) include factsheets, international guidance and survey reports.
Code of practice on disciplinary and grievance procedures
Guide produced by Acas (Advisory, Conciliation and Arbitration Service). Last updated MArch 2015 .
Subscription employment law resource from DiscLaw Publishing with a range of free information sources. The site includes a directory of employment law abbreviations, employment law definitions, summarised cases and a subject based directory of information on current employment law.
Incorporated Council of Law Reporting (ICLR)
Free case summaries involving employment law, discrimination, competition and other subjects.
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