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Changes to watch out for in 2018

Changes to watch out for in 2018

30 November 2017 by Marianne Wright

It was announced the Autumn 2017 budget that: - The National Living Wage (for those aged 25 and over) is to increase by 4.4% from £7.50 per hour to £7.83 per hour from 1 April 2018. The other National Minimum Wage rates will also increase as set out below: 21 to 24 year olds: from £7.05... read more »

Burden of proof – already back to the way it was!

Burden of proof – already back to the way it was!

22 December 2017 by Nicola Brown

As employment lawyers, we are very used to keeping up to date with ever-changing case law. However even so, it is still fairly unusual for me to need to write an article in December about the reversal of a decision I wrote about only in August! My August article is here... read more »

Whistleblowing while you work

Whistleblowing while you work

22 December 2017 by Marianne Wright

Last July, we reported on the case of Ms Jhuti v Royal Mail. Ms Jhuti ‘blew the whistle’ to her line manager by making disclosures about suspected breaches of the Royal Mail’s rules and Ofcom’s rules. Ms Jhuti’s line manager put her on a performance plan and told HR they would need... read more »

A (data) chain is only as strong as its weakest link

A (data) chain is only as strong as its weakest link

13 December 2017 by Nicola Brown

One of the data protection principles under the Data Protection Act 1998 (“DPA”), states that data controllers must take "appropriate technical and organisational measures…against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, and damage to, personal data." What happens when a data controller does not take appropriate measures?... read more »

Headphone wearing employee largely to blame for his own unfair dismissal

Headphone wearing employee largely to blame for his own unfair dismissal

18 December 2017 by Peter Stevens

If an employee’s behaviour is such that the ordinary man in the street would say that they deserved to lose their job, would their dismissal be fair in law? Not necessarily. Employment law has developed a vast array of legislation and case law by which the question of whether a person was unfairly... read more »

Breaking News – Another important holiday pay case

Breaking News – Another important holiday pay case

30 November 2017 by Nicola Brown

Yesterday a judgment was issued by the European Court of Justice which could have very significant implications for all holiday pay cases in the UK, especially in the ‘gig economy’. The case of King v The Sash Windows Workshop Limited had been ongoing for some time through the UK courts, and relates... read more »

Taxi for Uber! – Part 2

Taxi for Uber! – Part 2

10 November 2017 by Marianne Wright

It’s been almost a year since we reported on the Employment Tribunal case brought by a number of Uber drivers, who successfully argued that they were ‘workers’ (as opposed to self-employed contractors) and therefore entitled to rights such as the right to be paid the National Minimum Wage and the right... read more »

Joint employers? – Outsourced workers attempt to change the status quo

Joint employers? – Outsourced workers attempt to change the status quo

30 November 2017 by Nicola Brown

Many employers in the UK outsource certain tasks such as facilities management, cleaning or security. Employers engage another company to provide the service, and it is that company which employs the individuals (either as workers or employees) to deliver the service. This often means that the individual engaged by the company has no direct employment relationship... read more »

A white lie doesn't matter - or does it?

A white lie doesn't matter - or does it?

27 November 2017 by Peter Stevens

If we have to deliver an unpleasant message to someone, it can be tempting to water it down a bit to make it a bit more palatable and to soften the blow for the recipient. For example, if you are dismissing an employee for poor performance who has only been with you for... read more »

How not to handle a flexible working request

How not to handle a flexible working request

30 November 2017 by Marianne Wright

Flexible working requests – the law Before we look at some lessons to be learned around dealing with flexible working requests from a recent case, here's a re-cap on the law: Employees with at least 26 weeks' service have a statutory right to make a request for flexible working. Employers should: deal with a request in a reasonable manner... read more »

Going mobile – what you need to know about mobility clauses

Going mobile – what you need to know about mobility clauses

23 October 2017 by Nicola Brown

Mobility clauses are often a standard part of contracts of employment. They generally say that an employer can require an employee to work at a different location on a temporary or permanent basis, and will usually specify a geographical area to which the clause applies. I am sure you will agree that they can... read more »

The new right to parental bereavement leave – what you need to know

The new right to parental bereavement leave – what you need to know

27 October 2017 by Nicola Brown

Currently, when an employee suffers a bereavement the only statutory right is to unpaid time off for dependents, which is limited to ‘reasonable’ time off for emergencies relating to dependents and making arrangements following a death. As I have written about previously here, although most employers do offer some form of... read more »

Exhibit A: the importance of evidence in disciplinary proceedings

Exhibit A: the importance of evidence in disciplinary proceedings

30 October 2017 by Marianne Wright

We consider two recent tales from the Tribunal, which highlight important issues around evidence when taking employees through a disciplinary procedure. Vorajee v Royal Mail Group Limited (2017)  Mr Vorajee booked a flight to Mumbai, with the intention of booking time off work at short notice. However, his wife had an accident and so... read more »

New teeth for HMRC – offence of failure to prevent the facilitation of tax evasion

New teeth for HMRC – offence of failure to prevent the facilitation of tax evasion

23 October 2017 by Nicola Brown

The Criminal Finance Act 2017 has created a new corporate offence of failing to prevent the facilitation of tax evasion. The new offence means that companies can be prosecuted if they have failed to prevent tax evasion in the UK, and anywhere else in the world, committed by an ‘associated person’ of the... read more »

Every little helps - or does it?

Every little helps - or does it?

23 October 2017 by Peter Stevens

It’s pretty obvious really, but if an employee is dismissed and feels that they have been treated unjustly, they are likely to feel bitter towards their former employer. For those who have the required 2 years’ service to bring a claim for unfair dismissal, they potentially have a remedy through the Employment Tribunal system. ... read more »

Employment Tribunal Workshop – how to avoid a Tribunal (and how to win if you do find yourself in one!)

12 October 2017 by Marianne Wright

**This event is now fully booked - if you are interested in coming we can add you to our reserve list in case another person drops out. Otherwise, we still have some spaces available for our evening workshops on 2 November and 9 November**  Join the solicitors at Pure Employment Law... read more »

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