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Breaking news on backdating holiday pay claims

Breaking news on backdating holiday pay claims

23 December 2014 by Nicola Brown

On 18 December 2014 the Government published a press release stating the action it intends to take to reduce potential costs to employers and give certainty to workers on their rights on holiday pay. Last month we reported on the controversial and widely publicised judgment of the Employment Appeal Tribunal in the... read more »

Shared parental leave - regulations issued

Shared parental leave - regulations issued

23 December 2014 by Nicola Brown

As we hope you are already aware from our previous articles, the new right to take shared parental leave applies for employees who are expecting a baby or adopting on or after 5 April 2015. The regulations to deal with how the new right will work in practice were published at the end... read more »

Do new restrictive covenants require fresh consideration?

Do new restrictive covenants require fresh consideration?

23 December 2014 by Peter Stevens

Many employers find that they have employees on old contracts of employment with unenforceable, inappropriate or even no restrictive covenants.  Can an employer simply get an employee to sign a new contract with fresh restrictive covenants and expect them to be enforceable?  This was the question raised in the High Court in the... read more »

What is the new Fit for Work service?

What is the new Fit for Work service?

23 December 2014 by Nicola Brown

A recent review of sickness absence in Great Britain identified that a lack of access to occupational health services, particularly for small and medium-sized businesses, was a significant issue in preventing employees from returning to work. As we mentioned in our article earlier this year, the Government has responded by introducing the... read more »

Don’t be a twit – watch what you tweet!

Don’t be a twit – watch what you tweet!

23 December 2014 by Nicola Brown

As many of you will be aware, social media in the workplace is one of my particular areas of interest, and although it is something we are increasingly being asked to advise on, there is relatively little binding case law guidance (as most cases have not progressed to appeal). The case of Game... read more »

Agency Workers Regulations -  a cautionary tale for employers

Agency Workers Regulations - a cautionary tale for employers

23 November 2014 by Peter Stevens

Under the Agency Worker Regulations which came into force in 2011, agency workers have the right to equal pay and other basic working conditions as comparable permanent employees after a 12 week qualifying period.  If they are not offered this, liability will normally fall on the recruitment agency, but if the agency which... read more »

Early conciliation - is it working?

Early conciliation - is it working?

23 November 2014 by Peter Stevens

As we have previously reported, people who want to bring a claim in the Employment Tribunal have, since May this year, had to go through ACAS early conciliation.  The idea behind the scheme is that cases which would otherwise go to Tribunal can be settled between the parties at an early stage.  It... read more »

Getting Christmas cover all wrapped up

Getting Christmas cover all wrapped up

23 November 2014 by Alexander Bishop

Every year it seems the Christmas decorations and the adverts on television appear earlier. As soon as we have packed away our Halloween costumes and the last of the fireworks disperse in our skies, the Coca-Cola advert announces that “holidays are coming” and from that moment on the build up to Christmas begins.... read more »

Evening Workshop - Help with Holiday Headaches

17 November 2014 by Nicola Brown

As detailed in our recent article, the latest development in the linked cases of Bear Scotland v Fulton (and others) has potentially very significant implications for employers and employees. In order to help you understand what this could mean for your organisation, we are running two workshops to help with your holiday... read more »

Breakfast Workshop - Help with Holiday Headaches

17 November 2014 by Nicola Brown

** Please note that this event is now fully booked -  however we are still taking bookings for the evening workshop on 4 December ** As detailed in our recent article, the latest development in the linked cases of Bear Scotland v Fulton (and others) has potentially very significant implications for employers and... read more »

Top Chambers ranking again for Pure Employment Law

12 November 2014 by Nicola Brown

We're highly delighted to say that yet again we have been ranked as a top firm in our region in the legal directory Chambers & Partners, with Peter and Nicola both again ranked as 'Leaders in the Field'. Chambers and Partners rankings matter in the legal world because they are independent and cannot... read more »

Time to panic about holiday pay?

Time to panic about holiday pay?

7 November 2014 by Nicola Brown

It is not very often that you see Employment Appeal Tribunal (EAT) cases as widely reported as we did with the Bear Scotland case this week, which is a measure of how far-reaching the implications of the case could be. Our article dealing with the points found in the case can be found read more »

Overtime to count in holiday pay

Overtime to count in holiday pay

4 November 2014 by Alexander Bishop

In a very significant case, the Employment Appeal Tribunal in the case of Bear Scotland v Fulton (and others) has this week ruled that overtime should be included as part of workers’ annual leave payments. The key points from the ruling are: - A payment for both compulsory and non-guaranteed overtime should be included within... read more »

Equal pay for shared parental leave?

Equal pay for shared parental leave?

21 October 2014 by Nicola Brown

As we covered in our article last month, the new family friendly rights are beginning to come into force in preparation for 6 April 2015, when eligible parents will be able to take the new shared parental leave for the first time. We have already received a number of enquiries from employers asking... read more »

Q&A - Checking parental leave entitlement

Q&A - Checking parental leave entitlement

21 October 2014 by Nicola Brown

One of my employees has told me that his girlfriend is expecting a baby in late April next year and that he wants to take shared parental leave. I am concerned by this, as I will have no way of knowing whether his girlfriend has gone back to work or not and therefore... read more »

Polkey - Reducing compensation in unfair dismissal claims

Polkey - Reducing compensation in unfair dismissal claims

21 October 2014 by Peter Stevens

If an employee is dismissed, the normal remedy for them awarded by an Employment Tribunal is compensation.  Tribunals do have the power to order the employer to take the employee back on, but in practice this very rarely happens. We look at the factors taken into account in assessing compensation, and in particular... read more »

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