Pay

View Employment by content type:

Practice notes

Precedents

Q&As

News

Latest Employment News

Hearings to decide interim relief applications are public hearings (Queensgate Investments LLP and others v Millet)

The following Employment news provides comprehensive and up to date legal information on Hearings to decide interim relief applications are public hearings (Queensgate Investments LLP and others v Millet)

Exploring the government’s response to the insolvency and corporate governance consultation

The following Banking & Finance news provides comprehensive and up to date legal information on Exploring the government’s response to the insolvency and corporate governance consultation

Government to proceed with measures to enhance TPR’s powers

The following Banking & Finance news provides comprehensive and up to date legal information on Government to proceed with measures to enhance TPR’s powers

Corporate Insolvency and Governance Bill—moratorium

The following Banking & Finance news provides comprehensive and up to date legal information on Corporate Insolvency and Governance Bill—moratorium

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...

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...

Letter—secondment letter (employer—employee)

BREXIT IMPACT: The drafting and enforcement of the applicable law (governing law) and jurisdiction clause in this Precedent may be affected by Brexit....

The duty of fidelity and fiduciary duties

All employees are under a duty of fidelity to their employer. The duty of fidelity is also known as the duty of good faith, or of loyalty.Fidelity is...

Precedents

Letter—from employer placing employee on garden leave

[To be typed on employer’s headed notepaper][Enter name and address of employee][Enter date]by handDear [enter name]Garden leaveI refer to [[enter...

9th Nov

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

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

Unfair dismissal time limit

Three months beginning with the effective date of terminationAn unfair dismissal claim must generally be submitted to the employment tribunal within...

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

Precedents

ET3 grounds of resistance—unfair dismissal: protected disclosure

1Paragraph 1 of the Grounds of Claim is admitted.2As to paragraph 2 of the Grounds of Claim, it is denied that the Claimant’s colleagues were...

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

Precedents

ET1 grounds of claim—direct sex discrimination, sexual harassment and constructive dismissal

[Insert in para 8.2 of claim form ET1:]1The Claimant was employed by the Respondent as a [job title]. She worked at the Respondent’s premises at...

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

Most recent Pay content

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...

5th Dec

Q&As

Can an employer simply confirm in writing that an employee is getting a pay rise and leave it to them to work out the amount from their pay slip?

Under sections 1 to 3 of the Employment Rights Act 1996 (ERA 1996), an employer is required, not later than two months after the beginning of...

5th Dec

Q&As

Does the lower apprentice rate of the national minimum wage apply from the commencement of (i) the relevant apprenticeship agreement/contract or (ii) the worker’s employment under a different contract, if earlier?

Whether the apprenticeship rate applies to a worker is determined in accordance with the National Minimum Wage Regulations 2015, SI 2015/621, reg...

5th Dec

Q&As

Is an employee entitled to be paid statutory sick pay for a qualifying day, even if it is not a day on which he usually works?

An employer is liable to pay statutory sick pay (SSP) to an employee in respect of a day of incapacity for work if:•the day forms part of a period of...

5th Dec

Q&As

Does travel the night before a training course or an overnight stay during a two day course count as paid time for national minimum wage purposes (for employees carrying out time work or salaried hours work)?

There are four categories of work for the purpose of identifying which hours count (and do not count) as working time for which the national minimum...

5th Dec

Q&As

Where the employee has to pay to park on the employer’s premises, if the employer makes a deduction from the employee’s wages in respect of those parking charges, what is the effect of the exclusion in ERA 1996, s 27(2)(b)?

Under section 13 of the Employment Rights Act 1996 (ERA 1996) an employer cannot make any deductions from the wages of a worker unless:•the deduction...

5th Dec

Q&As

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 of employment may contain provisions entitling him or her to be paid during any periods of sick absence, including the duration...

5th Dec

Q&As

In relation to a non-compete post-termination restriction issued to an employee on their last day of employment, can the employer withhold pay until the employee has signed consent to the restriction?

There are two main issues to be considered in these circumstances. The first has to do with introducing a post-termination restriction into the...

5th Dec

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?

For guidance on deductions from wages generally, see Practice Note: Deductions from wages.An employer may not make a deduction from the wages of any...

5th Dec

Q&As

How do I calculate statutory maternity pay and paid holiday entitlement during maternity leave for an employee who works irregular hours?

Statutory maternity pay (SMP)There are in general two rates of SMP: the higher rate and the lower rate.During the first six weeks of the maternity pay...

5th Dec

Q&As

Can an employer pay SMP in one lump sum and apply for a proportion of it back from the government?

Payment of SMPPayment of statutory maternity pay (SMP) may be made in a like manner and at the same time as the employee would normally be...

5th Dec

Q&As

Where holiday pay accrued during maternity leave is calculated by reference to the 12 weeks before the calculation date, should (a) weeks during which the employee was absent due to pregnancy-related sickness (b) weeks during which the employee was absent due to non-pregnancy-related sickness be excluded from the calculation?

For information on the accrual of paid holiday entitlement during maternity leave, see Practice Note: Maternity leave—Holiday entitlement during...

5th Dec

Q&As

How should an employer deal with overpayment or underpayment of an employee on annualised hours on termination of their contract?

An annualised hours contract is one in which the employee does not have any set daily or weekly working hours but is required to work not less than a...

5th Dec

Q&As

After agreeing to a reduction in salary in order to avoid a redundancy situation, can an employee later withdraw that consent if a redundancy situation subsequently arises, and what are the implications, including for any redundancy payment?

In relation to withdrawing consent, one would need to consider first whether the employee’s original consent to the proposed reduction in salary was...

5th Dec

Q&As

Does an employer have to pay statutory sick pay to a foreign national employed in Great Britain if she supplies a sick note from a doctor in her home country confirming that she is absent due to pregnancy-related sickness?

An employer is liable to pay statutory sick pay (SSP) to an employee in respect of a day of incapacity for work if:•the day forms part of a period of...

5th Dec

Q&As

Where an employee makes a phased return to work on reduced hours (a) should the employer pay him in full or pro-rata according to the reduced hours of work, (b) does the employee’s entitlement to contractual sick pay end, and (c) if the employee is entitled to be paid according to the reduced hours of work only, with the result that the employee would be financially better off remaining on sick leave and claiming their entitlement to contractual sick pay, is there a formal mechanism for the employer to ‘top up’ the employee’s pro-rated pay to the level of the contractual sick pay they would have received had they remained on sick leave?

Where an employee makes a phased return to work on reduced hours, should the employer pay him in full or pro-rata according to the reduced hours of...

5th Dec

Q&As

Where an employee who is entitled under a discretionary bonus scheme moves, before the end of a bonus period, to a different role within the same group of companies for which there is no bonus entitlement, is the employer in breach of contract if it withholds bonus in respect of that bonus period?

As to continuity of employment where an employee becomes employed by a new employer who is an associated employer, see Practice Note: Continuity of...

5th Dec

Q&As

Is the reference period for calculating a week's pay increased to 52 weeks for holiday pay only, or does it cover wages too?

The concept of ‘a week’s pay’, calculated in accordance with the Employment Rights Act 1996 (ERA 1996), is important for a number of statutory...

5th Dec

Q&As

Are employers obliged to maintain an employee’s benefits during a period of long-term sick leave, in particular where the benefit concerned is provided under a salary sacrifice arrangement?

We have assumed, for the purposes of this Q&A, that the employee’s salary has by this time either been suspended, or reduced.An employee's contract of...

5th Dec

Q&As

If a worker is paid a flat daily rate regardless of the number of hours worked in the day does their pay slip have to include the number of hours worked?

Up to 5 April 2019, an employee was entitled to be given a written itemised pay statement by their employer, at or before the time any wages were paid...

5th Dec