Employers should take voluntary overtime into account when calculating holiday pay if it is paid 'over a sufficient period' – even if the overtime is irregular - a ruling has confirmed.
Legal Alert - August 2018
A monthly checklist from Atom Content Marketing highlighting new and pending laws, regulations, codes of practice and rulings that could have an impact on your business.
Trustees should consider whether and which information about the trust to disclose if asked for it by the trust beneficiaries, as they must disclose information if it is 'proper' to do so, even if there is no real suspicion of wrongdoing.
Case law: Monitoring disabled employees' work and workflow can be a reasonable adjustment for the purposes of discrimination law
Employers should consider monitoring disabled employees' work and workflows as part of the process of considering 'reasonable adjustments' at work, a recent ruling makes clear.
Case law: Contractual clause saying tenant did not rely on landlord's pre-contractual misrepresentations is subject to reasonableness test
Landlords should be very caution when responding to pre-contractual enquiries, even where a clause in the subsequent contract states that the tenant has not relied on any prior statement or representation, as this will be ineffective except to the extent that the clause is reasonable, the Court of Appeal has ruled.
Landlords need to make changes to their processes, and obtain necessary certificates, in view of new assured shorthold tenancy (AST) rules coming into force from 1 October 2018.Landlords need to make changes to their processes, and obtain necessary certificates, in view of new assured shorthold tenancy (AST) rules coming into force from 1 October 2018.
People making wills should ensure they are worded clearly and unambiguously, or risk that in the event of a dispute, the courts will interpret it by applying an objective test of what the will-maker must have intended the words to mean.
A seller or supplier of goods to a business of roughly equal bargaining power, without any obligation to maintain those goods and where insurance is available to cover the risk, may be able to rely on their standard terms excluding their liability for the failure of their goods a recent ruling makes clear.
Case law: Employee can be summarily dismissed for gross misconduct following a series of acts, even if none amounted to gross misconduct on its own
Employers will welcome confirmation that a dismissal for gross misconduct can be lawful if there is no one act that amounts to gross misconduct on its own, provided there is a cumulative series of acts which, taken together, undermine the duty of mutual trust and confidence between employees and employers.
Case law: Employees with no specific duties are not working while asleep, when calculating whether minimum wage being paid
Employers should count only the hours that sleep-in employees - with no specific duties to perform during their shift - are awake, when calculating whether they are being paid the national minimum or living wage, following a shock ruling from the Court of Appeal.
Case law: Court clarifies when employer's discriminatory practice is lawful because it is a proportionate means of achieving a legitimate aim
An employer arguing that an otherwise discriminatory practice is a proportionate means of achieving a legitimate aim, and therefore lawful, should ensure they have compared its effect on the relevant employees against the importance of their legitimate aim, a recent ruling makes clear.
Disclaimer: These publications from Atom Content Marketing are for general guidance only, for businesses in the United Kingdom governed by the laws of England. Atom Content Marketing, expert contributors and ICAEW (as distributor) disclaim all liability for any errors or omissions.