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Latest Employment News

Compulsory training before a job starts may well attract national minimum wage (Opalkova v Acquire Care)

The following Employment news provides comprehensive and up to date legal information on Compulsory training before a job starts may well attract national minimum wage (Opalkova v Acquire Care)

Employment weekly highlights—29 July 2021

The following Employment news provides comprehensive and up to date legal information on Employment weekly highlights—29 July 2021

Constructive dismissal is capable of constituting section 26 EqA harassment (Driscoll v 1) V & P Global 2) Varela)

The following Employment news provides comprehensive and up to date legal information on Constructive dismissal is capable of constituting section 26 EqA harassment (Driscoll v 1) V & P Global 2) Varela)

The tax implications of hybrid working arrangements

The following Employment news provides comprehensive and up to date legal information on The tax implications of hybrid working arrangements

Featured Employment content

Indirect discrimination

Indirect discriminationThis Practice Note considers unlawful indirect discrimination under Equality Act 2010 (EqA 2010).There is a clear difference...

Guide to using the Lexis®PSL Employment Schedule of Loss application

Guide to using the Lexis®PSL Employment Schedule of Loss applicationThe automated unfair dismissal schedule of loss is designed to make the...

Checklist—immigration-related requirements on a TUPE transfer

This Checklist gives an overview of the immigration matters that should be considered on a relevant transfer under the Transfer of...

Preliminary hearings in the employment tribunal

Preliminary hearings in the employment tribunalCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during...

Practice notes

Discrimination arising from disability

Discrimination arising from disabilityThis Practice Note covers an Equality Act 2010 provision which had no equivalent under the law which applied...

19th May

Practice notes

The unfair dismissal compensatory award

The unfair dismissal compensatory awardCoronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations...

19th May

In-house

Practice notes

Interim relief in unfair dismissal

Interim relief in unfair dismissalCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the...

19th May

Practice notes

Equality of terms: definition of 'pay'

Equality of terms: definition of 'pay'IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period...

19th May

Practice notes

Definition of redundancy

Definition of redundancyIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into...

19th May

COVID-19

In-house

Practice notes

No response, rejected response or claim not contested: employment tribunals

No response, rejected response or claim not contested: employment tribunalsCoronavirus (COVID-19): All proceedings in employment tribunals in England,...

19th May

Q&As

How do you calculate the time limit for submitting an unfair dismissal claim to the employment tribunal?

How do you calculate the time limit for submitting an unfair dismissal claim to the employment tribunal?For information:•on time limits for the...

19th May

Q&As

Where an employee works compressed hours, ie the same number of hours as a ‘normal’ full-time employee over fewer days, how should the employer calculate holiday entitlement, and how should the employer treat bank holidays if they fall on a day when the ‘compressed hours’ employee does not usually work?

Where an employee works compressed hours, ie the same number of hours as a ‘normal’ full-time employee over fewer days, how should the employer...

19th May

Practice notes

Redundancy—fair procedure: individual consultation

Redundancy—fair procedure: individual consultationWhere there is no statutory obligation to consult with any existing employee representatives (see...

19th May

In-house

Practice notes

Continuity of employment

Continuity of employmentUPDATE: In its ‘Good Work Plan’ published in December 2018, the government has indicated that it will legislate to extend the...

19th May

In-house

Practice notes

Striking out and unless orders in employment tribunal proceedings

Striking out and unless orders in employment tribunal proceedingsCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and...

19th May

In-house

Practice notes

Dealing with stress and mental ill health in the workplace

Dealing with stress and mental ill health in the workplaceThe Health and Safety Executive (HSE) defines stress as ‘the adverse reaction people have to...

19th May

COVID-19

Precedents

Draft outline script for disciplinary hearing (misconduct)

1Introductions of those present if necessary. Confirm who is taking notes and that copies of the meeting notes will be made available to the...

19th May

Precedents

Application—additional information (further and better particulars)

[Insert date][Insert] Employment Tribunal[Insert address]To the [insert] Employment Tribunal[Insert name of case, eg X v Y]Claim Number: [insert claim...

19th May

Practice notes

Applicable law—which system of law applies to the contract or employment relationship

Applicable law—which system of law applies to the contract or employment relationshipThis Practice Note examines how to determine which system of law...

Produced in partnership with Edward Kemp of Littleton Chambers 19th May

Practice notes

Calculating pension loss in employment tribunal claims

Calculating pension loss in employment tribunal claimsPension loss will generally only arise in cases where an individual has lost their job and the...

Produced in partnership with Keith Bryant QC of Outer Temple Chambers. 19th May

Most recent Benefits content

Q&As

Can a claim for unlawful deduction from wages be brought in respect of unpaid permanent health insurance or income protection payments? If not, can a breach of contract claim be brought instead?

Can a claim for unlawful deduction from wages be brought in respect of unpaid permanent health insurance or income protection payments? If not, can a...

1st Aug

Q&As

If an employee becomes ill during a period of pre-arranged unpaid leave, are they entitled to receive statutory sick pay (SSP)?

If an employee becomes ill during a period of pre-arranged unpaid leave, are they entitled to receive statutory sick pay (SSP)?An employee's contract...

1st Aug

Q&As

Where an employee is provided with a company car, is the employer permitted to withhold payment of a proportion of the employee’s final salary when the car is returned, pending an inspection of it, where there is a contractual provision enabling the employer to undertake the inspection and to make deductions from the employee’s salary for any damage revealed by the inspection?

Where an employee is provided with a company car, is the employer permitted to withhold payment of a proportion of the employee’s final salary when...

1st Aug

Q&As

How do you calculate holiday entitlement in the first year of employment?

How do you calculate holiday entitlement in the first year of employment?The statutory entitlement to holiday under the Working Time Regulations 1998,...

1st Aug

Q&As

Is there a right under the Working Time Regulations 1998 to carry forward some unused annual leave into a subsequent leave year?

Is there a right under the Working Time Regulations 1998 to carry forward some unused annual leave into a subsequent leave year?The right to annual...

1st Aug

Q&As

Does an employee on maternity leave accrue holiday in respect of (a) bank holidays that took place during their leave and (b) compulsory holiday days on which the office is shut over the Christmas period that took place during their leave?

Does an employee on maternity leave accrue holiday in respect of (a) bank holidays that took place during their leave and (b) compulsory holiday days...

1st Aug

Q&As

If a Permanent Health Insurance provider considers that an individual who has been receiving benefits under a PHI scheme is fit to return to work and therefore withdraws benefits, but the individual may appeal that decision, does the implied contractual term that the employer will not terminate the contract while the employee is incapacitated from work prevent the employer from terminating the employment until the appeal has been heard?

If a Permanent Health Insurance provider considers that an individual who has been receiving benefits under a PHI scheme is fit to return to work and...

1st Aug

Q&As

If an employer terminates an employee's contract by giving pay in lieu of notice and asks him to return his company car, how should the pay in lieu be calculated for the loss of the car for his notice period?

If an employer terminates an employee's contract by giving pay in lieu of notice and asks him to return his company car, how should the pay in lieu be...

1st Aug

Q&As

If an employee wishes to take holiday while they are on flexible furlough, how should the employer deal with that holiday, and how should holiday pay be calculated?

If an employee wishes to take holiday while they are on flexible furlough, how should the employer deal with that holiday, and how should holiday pay...

1st Aug

COVID-19

Q&As

Can an employee be made to take holiday during a period of suspension?

Can an employee be made to take holiday during a period of suspension?Where an employee is suspended from work, eg during an investigation into...

1st Aug

Q&As

How do you calculate the statutory holiday entitlement of an employee who works five days a week but who works 48 weeks and has four weeks unpaid leave every year?

How do you calculate the statutory holiday entitlement of an employee who works five days a week but who works 48 weeks and has four weeks unpaid...

1st Aug

Q&As

How is holiday leave and pay treated for term-time only staff who take a period of maternity or adoption leave which extends over school holidays?

How is holiday leave and pay treated for term-time only staff who take a period of maternity or adoption leave which extends over school holidays?The...

1st Aug

Q&As

On a TUPE transfer, does a loan by the employer to the employee (eg a cycle to work or season ticket loan) transfer to the transferee? Can the transferor deduct outstanding loan repayments from its final (pre-transfer) wage payment to the employee or does the transferor, absent an agreement between the transferor and transferee, lose the right to repayment? If the employer offers non-contractual flexible benefits (including loans), can the transferor withdraw these during the period immediately prior to the TUPE transfer, to prevent new loans being granted?

On a TUPE transfer, does a loan by the employer to the employee (eg a cycle to work or season ticket loan) transfer to the transferee? Can the...

1st Aug

Q&As

Where an employee, as part of his in-job training, is required to attend a college course, and one of his college days fall on a bank holiday, is he entitled to a day off in lieu?

Where an employee, as part of his in-job training, is required to attend a college course, and one of his college days fall on a bank holiday, is he...

1st Aug

Q&As

Can bank holidays count towards the first 20 days of an employee's holiday entitlement?

Can bank holidays count towards the first 20 days of an employee's holiday entitlement?The answer to this question requires looking at what...

1st Aug

Practice notes

Coronavirus (COVID-19) impact on share schemes

Coronavirus (COVID-19) impact on share schemesThe government has announced a number of measures in response to the coronavirus (COVID-19) crisis...

1st Aug

COVID-19

Q&As

Under the Working Time Regulations 1998, where an employer wishes to give notice to a worker whose annual leave entitlement is expressed as a number of hours, rather than days, how much notice is the employer required to give, eg if they want the worker to take a specified number of hours’ holiday?

Under the Working Time Regulations 1998, where an employer wishes to give notice to a worker whose annual leave entitlement is expressed as a number...

1st Aug

Q&As

Can an employer tell an employee when their annual leave must be taken?

Can an employer tell an employee when their annual leave must be taken?See Practice Notes:•Holiday•Remedies for breach of working time rights.See also...

31st Jul

Q&As

Following Harpur Trust v Brazel, if an employer provides full-time workers with contractual holiday entitlement in excess of the 5.6 weeks’ statutory entitlement (which may or may not be linked to length of service), does the employer also have to provide the same ‘enhanced’ contractual entitlement to part-year workers, pro-rated?

Following Harpur Trust v Brazel, if an employer provides full-time workers with contractual holiday entitlement in excess of the 5.6 weeks’ statutory...

31st Jul

Q&As

Where there is no express or implied contractual payment in lieu of notice (PILON) clause in an employee’s contract, if, as part of a settlement agreement, the employee receives a one-off PILON in the amount of that employee’s basic pay for the notice period and also continues to benefit from health insurance cover paid for by the employer for the duration of the notice period, should the value of the health insurance cover be included in the post-employment notice pay (PENP) calculation?

Where there is no express or implied contractual payment in lieu of notice (PILON) clause in an employee’s contract, if, as part of a settlement...

31st Jul

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Benefits

View Employment by content type:

Latest Employment News

Compulsory training before a job starts may well attract national minimum wage (Opalkova v Acquire Care)

Employment weekly highlights—29 July 2021

Constructive dismissal is capable of constituting section 26 EqA harassment (Driscoll v 1) V & P Global 2) Varela)

The tax implications of hybrid working arrangements

Featured Employment content

Indirect discrimination

Guide to using the Lexis®PSL Employment Schedule of Loss application

Checklist—immigration-related requirements on a TUPE transfer

Preliminary hearings in the employment tribunal

Most recent Benefits content

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Scotland: the Accountant in Bankruptcy

Fraud by false representation

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Enforcing a warrant of control

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