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Latest Employment News

Holiday taken but unpaid cannot be carried forward for holiday pay claim (Smith v Pimlico Plumbers)

The following Employment news provides comprehensive and up to date legal information on Holiday taken but unpaid cannot be carried forward for holiday pay claim (Smith v Pimlico Plumbers)

Employment weekly highlights—8 April 2021

The following Employment news provides comprehensive and up to date legal information on Employment weekly highlights—8 April 2021

Route map for retained EU law—a new Court of Appeal judgment (Lipton v BA City Flyer Ltd)

The following Banking & Finance news provides comprehensive and up to date legal information on Route map for retained EU law—a new Court of Appeal judgment (Lipton v BA City Flyer Ltd)

Employment weekly highlights—1 April 2021

The following Employment news provides comprehensive and up to date legal information on Employment weekly highlights—1 April 2021

Featured Employment content

Payment in lieu of notice (PILON)

The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will...

Contractual redundancy payments

An employee is entitled to a statutory redundancy payment when:•he has been continuously employed for not less than two years•he has been dismissed,...

Unfair dismissal remedies—general

Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020),...

The term of trust and confidence

Every contract of employment is treated as containing an imposed term of trust and confidence. This requires employers and employees not to conduct...

Precedents

Letter—TUPE (9) from employee objecting to transfer

[Strictly private and confidential][Address][Date]Dear [enter name(s) of relevant individual(s) at the transferor],Proposed transfer of [enter...

9th Nov

Practice notes

Qualifying period for unfair dismissal

For employees starting fresh employment on or after 6 April 2012, the right not to be unfairly dismissed generally only arises when the employee, by...

9th Nov

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...

9th Nov

Practice notes

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

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

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...

9th Nov

Precedents

Letter—TUPE (3) letter from transferee to transferor to inform of proposed measures

[To be typed on headed notepaper of transferee][Strictly private and confidential][Address][Date]Dear [enter name(s) of relevant individual(s) at the...

9th Nov

Practice notes

Definition of dismissal in unfair dismissal

To succeed in a claim of unfair dismissal, the claimant must establish that they were dismissed by the employer. A contract of employment may...

9th Nov

In-house

Precedents

Letter—long-term sickness absence (6): to employee confirming dismissal on notice (following final written warning)

[To be typed on headed notepaper of employer][Date]Dear [insert name of employee],Re: [insert name of employer] (the Company)Following our most recent...

9th Nov

Practice notes

Employment tribunal case management

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

Practice notes

The basic award

Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020),...

9th Nov

Practice notes

Striking out and unless orders in employment tribunal proceedings

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

In-house

Precedents

Costs warning letter (employment tribunal)

[ON YOUR LETTERHEAD][Name and address of other party, or other party’s solicitor]Dear [insert contact name][Insert subject of letter, eg names of...

9th Nov

Practice notes

Calculating pension loss in employment tribunal claims

Pension loss will generally only arise in cases where an individual has lost their job and the pension provision that went with that job. An...

Produced in partnership with Keith Bryant QC of Outer Temple Chambers. 12th Jan

Precedents

Application—postponement or adjournment of hearing

[Insert date][Insert] Employment Tribunal[insert address]To the [insert] Employment Tribunal[Insert case name]Case No: [Insert case number]...

9th Nov

Practice notes

Collective agreements

Collective agreements are agreements negotiated between one or more trade unions and employers or employers' associations and which relate to one or...

9th Nov

Precedents

Letter—employer acknowledgement of notification of maternity leave

Date: [insert date]Dear [insert name of employee]Congratulations and thank you for telling me about your pregnancy and the date that your baby is due....

9th Nov

Most recent Pay content

Q&As

Where an employee has been medically suspended from work, how does an employer calculate their rate of pay if they are working on a zero hours contract, and for how long would the suspension last?

An employer may suspend an employee from work on medical grounds in certain circumstances. Such suspensions must be in consequence of a requirement...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 9th Apr

Practice notes

Medical suspension pay

An employee is entitled, under section 64 of the Employment Rights Act 1996 (ERA 1996) to be paid for up to 26 weeks while suspended from normal...

9th Apr

Practice notes

Tax implications of salary sacrifice

Coronavirus (COVID-19): As part of a series of measures put in place to stop the spread of coronavirus (COVID-19), HMRC announced the Coronavirus job...

Produced in partnership with Lewin Higgins-Green of FTI Consulting and Philip Swinburn of Macfarlanes 9th Apr

Practice notes

Implementing a salary sacrifice

Coronavirus (COVID-19): As part of a series of measures put in place to stop the spread of coronavirus (COVID-19), HMRC announced the Coronavirus job...

Produced in partnership with Judith Hogarth of Excello Law 9th Apr

Practice notes

Coronavirus (COVID-19)—sickness and other absence

STOP PRESS (6/4/21): The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No 11) Regulations 2021, SI 2021/442, made on 1...

8th Apr

COVID-19

Practice notes

Coronavirus (COVID-19)—holiday and holiday pay

This Practice Note considers issues relating to the right to holiday and holiday pay during the Coronavirus (COVID-19) pandemic. It:•summarises the...

8th Apr

COVID-19

Q&As

If bank staff are contracted to work four hours per week but are in fact scheduled to work 30 hours (and required to work those hours), even though there is nothing in their contract about overtime, is holiday pay calculated on the basis of the total hours worked, or the agreed four hours per week?

A worker has the right under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833 to a total of 5.6 weeks’ annual leave each year, made up of:•a...

7th Apr

Practice notes

Sick pay

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

7th Apr

COVID-19

In-house

Practice notes

Bonus schemes

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

7th Apr

Practice notes

Calculating a week's pay

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

7th Apr

Practice notes

Pay and wages

The essence of employment is pay in return for work.There is a duty to pay wages whenever an employee is ready, willing and able to work. Generally,...

7th Apr

Practice notes

Holiday pay

Coronavirus (COVID-19): Issues relating to holiday and holiday pay during the coronavirus (COVID-19) pandemic are considered in Practice Note:...

7th Apr

In-house

Practice notes

Commission

Some employers, typically those with employees engaged in sales roles, operate commission schemes. Under commission schemes, part or sometimes all of...

Produced in partnership with Keith Bryant QC of Outer Temple Chambers 7th Apr

Practice notes

Coronavirus Statutory Sick Pay Rebate Scheme (CSSPRS)

This Practice Note considers the Coronavirus Statutory Sick Pay Rebate Scheme (CSSPRS), under the Statutory Sick Pay (Coronavirus) (Funding of...

1st Apr

COVID-19

Practice notes

National minimum wage

Statute guarantees a minimum hourly rate of pay to almost all adult workers.EligibilityMost 'workers' who work in the UK are entitled to be paid the...

31st Mar

In-house

Practice notes

Shared parental pay (birth)

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

30th Mar

Practice notes

Maternity pay

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

30th Mar

In-house

Practice notes

Shared parental pay (adoption)

Coronavirus (COVID-19): The Maternity Allowance, Statutory Maternity Pay, Statutory Paternity Pay, Statutory Adoption Pay, Statutory Shared Parental...

30th Mar

Practice notes

Parental bereavement leave and pay

Coronavirus (COVID-19): The Maternity Allowance, Statutory Maternity Pay, Statutory Paternity Pay, Statutory Adoption Pay, Statutory Shared Parental...

30th Mar

In-house

Practice notes