04 NOVEMBER 2019
Employers should note a recent ruling clarifying when a worker has ‘refused’ to comply with a requirement that breaches the working time rules - for example, the worker walks off a shift or does not turn up for work – because of the risk the employer may face a claim for detriment and/or unfair dismissal.
01 SEPTEMBER 2019
Employers with permanent workers who work for part of the time should review how they calculate their paid holiday entitlement, to ensure the UK working time rules are properly applied, following an important ruling.
01 SEPTEMBER 2019
Employers failing to comply with employment law in relation to employees who are in the UK illegally cannot expect to avoid legal claims simply because the employee is employed illegally, a recent ruling makes clear.
01 AUGUST 2019
Employers in Great Britain (GB) should be alert to the prospect of employees (and their unions) claiming for unpaid holiday pay on grounds that the ‘three-month rule’ should not apply, following a ruling in Northern Ireland (NI), allowing them to claim backdated holiday pay that they would not otherwise be entitled to.
01 JULY 2019
Employers should ensure voluntary overtime is taken into account when calculating holiday pay if that overtime is, over a sufficient period, broadly regular and/or recurring and predictable enough to qualify as normal remuneration, following a Court of Appeal ruling.
01 JULY 2019
Employers calculating redundancy, holiday or other pay-related compensation should take advice before reducing it if the employee has recently been on parental leave (or other leave during which they receive no or reduced pay), according to an EU ruling.
01 JULY 2019
Employers offering enhanced contractual maternity pay to mothers are not guilty of direct or indirect discrimination or of breaching equal pay rules, if they fail to give enhanced pay to fathers taking shared parental leave as well, the Court of Appeal has ruled.
01 JUNE 2019
Employers with employees on call should review what they are required to actually do at different times while on call, as this can affect whether or not they are treated as working in whole or in part during those periods and, therefore, affect their entitlement to the minimum wage, according to a recent ruling.
01 JUNE 2019
UK employers who do not already do so should start recording workers’ actual daily hours to ensure they comply with the EU Directive on working time, following a ruling of the Court of Justice of the European Union (CJEU).
01 MAY 2019
Employers should ensure workers are taking at least the minimum rest breaks required by law or risk being liable for any personal injuries suffered as a result, a recent ruling makes clear.
This chapter looks at various aspects of employee pay, including: deciding how much to pay; job evaluation; bonuses; National Minimum Wage; deductions from pay.
Working hours and holidays
This chapter looks at the Working Time Regulations 1998; annual holidays; parental leave; Sunday working; the employment of schoolchildren; and flexible working.
Handling organizational change
This chapter looks at organizational change and includes sections on: Changes in responsibilities; Changes to processes and procedures; Obtaining commitment to change; Relocation; and business transfers (Transfer of Undertakings [Protection of employment] Regulations or TUPE).
Advice, guidance and practical resources on a wide variety of recruitment topics for both employers and employees, produced by the Advisory, Conciliation and Arbitration Service, Acas. Acas is the employment relations service for England, Scotland and Wales offering practical, independent and impartial advice to employers, employees and their representatives.
Acas tool aimed at small firms and line and team managers in larger organisations. The steps cover how to prevent pay problems arising, from choosing a pay system to statutory pay during absences from work and factors affecting pay when employment ends.
Guidance from Acas on legal holiday entitlements, how holiday pay is calculated and when employees can take holiday.
Acas advice leaflet containing helpful information about holiday entitlement, the leave year, taking leave and holiday pay. Includes a quick guide to calculating holiday entitlement.
Why do we still have unpaid interns?
The article describes the continued prevalence of unpaid internships in Great Britain which affects social mobility and is considered illegal in many cases. It is estimated that between 70,000 and 100,000 unpaid internships take place in Great Britain each year. According to Her Majesty's Revenue and Customs, more than 550 warning letters have been sent to companies over the previous three months, as of April 2018. Interns classed as workers should be paid at least the national minimum wage.
Sick pay for 'flexible' workers
The article reports on the British government's launch of consultations relating to the rights of part-time and flexible workers including sick pay and holiday entitlements and clarification of their employment status.
Who needs the Working Time Regulations?
The article discusses the Working Time Regulations (WTR) related to employment of people in Great Britain marking its 20th anniversary as of 2018. Topics discussed include the regulations in practice such as workers not working more than 48 hours and right to paid annual leave of at least four weeks with public holidays.
Does work experience have to be paid?
The article discusses how the Pret A Manger Holdings Ltd. sandwich company has changed its policy regarding a plan to offer unpaid work experience (internships) to high school and college students between the ages of 16 and 18 in Great Britain, and it mentions criticism and boycotts, as well as the claim that an employer must pay anyone who meets the legal definition of the term worker. Great Britain's national minimum wage law and the problems associated with free labour are assessed.
She only makes tea and sweeps the floor
The article presents several excuses for employers failing to pay staff the national minimum wage in Great Britain that were published by HMRC, including the exemption of foreign workers from British wage laws, accountant's and employees speaking a different language, and employees still training or learning the job.
Will shared parental leave ever work?
Article looks at legislation passed in 2015 allowing shared parental leave in the UK. Topics covered include possible reform due to low uptake due to the structure and employment-related barriers for fathers.
Employers must be prepared to add commission
The article discusses the need for employers to consider adding commission to holiday pay following the British Court of Appeal's ruling on the case Lock vs. British Gas. Topics include the plaintiff's claim that the firm British Gas owed him additional holiday pay because what he received did not reflect the commission that he would possibly have earned, the implications of the ruling for various sectors such as retail, media and finance, and the recruitment industry's view on the ruling.
UK receives second lowest public holiday entitlement in the world
The article focuses on the study from Mercer's Worldwide Benefit and Employment Guidelines which shows that employees in Great Britain are the second lowest to receive public holiday allowance, with only eight days of holiday entitlement each year.
Is the national living wage a pay rise too far?
The article discusses the impact of Great Britain's national living wage (NLW) on future employment prospects as of 2016, and it mentions the British Office of Budget Responsibility's estimate that the NLW could result in the loss of 60,000 jobs by 2020. Low-wage workers in Great Britain are addressed, along with the British government's minimum wage policy, and a plan to tax larger employers to run apprenticeships.
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.
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