Q&As

Comprehend the law and how it impacts your clients. Q&As shine a light on common issues
How is compensation assessed when an employee is found to have been unfairly dismissed for redundancy because of her pregnancy?

How is compensation assessed when an employee is found to have been unfairly dismissed for redundancy because of her pregnancy?

How is compensation assessed when an employee is found to have been unfairly dismissed for redundancy because of her pregnancy?An employee will be...

What principles apply when assessing loss of earnings in an unfair dismissal claim where the claimant has taken temporary employment at a salary higher than he had before?

What principles apply when assessing loss of earnings in an unfair dismissal claim where the claimant has taken temporary employment at a salary higher than he had before?

What principles apply when assessing loss of earnings in an unfair dismissal claim where the claimant has taken temporary employment at a salary...

Legal Guidance

Q&As

How is compensation assessed when an employee is found to have been unfairly dismissed for redundancy because of her pregnancy?

How is compensation assessed when an employee is found to have been unfairly dismissed for redundancy because of her pregnancy?An employee will be...
30th May
Q&As

What principles apply when assessing loss of earnings in an unfair dismissal claim where the claimant has taken temporary employment at a salary higher than he had before?

What principles apply when assessing loss of earnings in an unfair dismissal claim where the claimant has taken temporary employment at a salary...
30th May
Q&As

If an employer agrees to make lump sum payments in respect of unpaid holiday and sick pay, can the employee opt to have these paid by way of employer pension contributions?

If an employer agrees to make lump sum payments in respect of unpaid holiday and sick pay, can the employee opt to have these paid by way of employer...
28th May
Q&As

If there is a contractual provision giving the employer the right to lay off employees, can they use this to lay off employees but hire agency workers to do their work temporarily while the employees are laid off?

If there is a contractual provision giving the employer the right to lay off employees, can they use this to lay off employees but hire agency workers...
28th May
Q&As

Is it lawful for an employer to monitor communications between a trade union representative and trade union members?

Is it lawful for an employer to monitor communications between a trade union representative and trade union members?This Q&A considers:•communications...
28th May
Q&As

Coronavirus (COVID-19)—what are the potential tax consequences of working remotely, including cross-border employment tax issues?

Coronavirus (COVID-19)—what are the potential tax consequences of working remotely, including cross-border employment tax issues?As a result of...
Produced in partnership with Laura Allwright of Simmons & Simmons and Darren Oswick of Simmons & Simmons 27th May
tag iconCOVID-19
Q&As

Does one need explicit consent to share personal data?

Does one need explicit consent to share personal data?In answering this Q&A, we have assumed that all parties and data subjects are exclusively based...
27th May
Q&As

What is 'personal data' for the purposes of the Data Protection Act 1998?

What is 'personal data' for the purposes of the Data Protection Act 1998?For the purposes of the Data Protection Act 1998 (DPA 1998), 'personal data'...
27th May
Q&As

What is the impact of Brexit on international transfers of personal data?

What is the impact of Brexit on international transfers of personal data?This Q&A looks at the impact of Brexit on cross-border transfers of personal...
27th May
tag iconBrexit
Q&As

When should I delete personal data?

When should I delete personal data?Eight principles for handling personal information form the core of the Data Protection Act 1998 (DPA 1998) and any...
Produced in partnership with Ashley Roughton of Ipchambers.eu 27th May
Q&As

What is sensitive personal data for the purposes of the Data Protection Act 1998?

What is sensitive personal data for the purposes of the Data Protection Act 1998?Personal dataUnder section 1 of the Data Protection Act 1998 (DPA...
27th May
Q&As

When drafting agreements that have data processing implications, do you need to take into account the provisions of the General Data Protection Regulation even though the provisions of that Regulation will not come into force until May 2018?

When drafting agreements that have data processing implications, do you need to take into account the provisions of the General Data Protection...
27th May
Q&As

If an employee has a baby before 6 April 2024 and returns from maternity leave after 6 April 2024, will she have enhanced redundancy protection during the period of her maternity leave and for 18 months after her baby was born?

If an employee has a baby before 6 April 2024 and returns from maternity leave after 6 April 2024, will she have enhanced redundancy protection during...
27th May
Q&As

If a self-employed contractor wishes to bring a claim in the County Court on the basis that they are in fact a worker and should have been paid the national minimum wage (NMW); does the time limit for bringing a claim run in respect of each instance of failure to pay the NMW payment, or from the most recent instance?; if the parties did not classify or treat the individual as a worker and therefore not paid the NMW, is this a mistake of law or fact for the purposes of extending limitation under section 32(1)(c) of the Limitation Act 1980?

If a self-employed contractor wishes to bring a claim in the County Court on the basis that they are in fact a worker and should have been paid the...
27th May
Q&As

For there to be a workforce agreement under which employers and workers can agree to opt out of certain provisions of the Working Time Regulations 1998, must the elected representatives with whom the agreement be 'employees' or could they be 'workers'?

For there to be a workforce agreement under which employers and workers can agree to opt out of certain provisions of the Working Time Regulations...
27th May
Q&As

If an employee is made redundant and either works their notice or is paid in lieu of notice, and is then re-employed and pays back their statutory redundancy pay and any payment in lieu of notice payment, is their continuity of employment maintained and not broken?

If an employee is made redundant and either works their notice or is paid in lieu of notice, and is then re-employed and pays back their statutory...
21st May
Q&As

Can a claimant employee take evidence from their employer that is relevant to a prospective employment tribunal claim? In particular, can they rely on Article 9(2)(f) of Assimilated Regulation (EU) 2016/679, UK GDPR (or any other such provision) to retain the information in order to obtain legal advice and/or present their claim?

Can a claimant employee take evidence from their employer that is relevant to a prospective employment tribunal claim? In particular, can they rely on...
20th May
Q&As

Where an employer reduces an employee's working hours to remove a risk identified in a pregnancy risk assessment, must the employer pay the employee based on their normal working hours rather than the reduced hours?

Where an employer reduces an employee's working hours to remove a risk identified in a pregnancy risk assessment, must the employer pay the employee...
20th May
Q&As

If an employee with less than two years' service is dismissed during a TUPE transfer after raising with the transferor that they felt the transferor had failed to inform them of the transfer and any potential changes by the transferee, would they be able to bring a claim for automatic unfair dismissal for asserting a statutory right under section 104 of the Employment Rights Act 1996?

If an employee with less than two years' service is dismissed during a TUPE transfer after raising with the transferor that they felt the transferor...
15th May
Q&As

If an employee returns to work from unpaid sabbatical leave and is then on sick leave, having not received any pay during the eight weeks prior to their first day of sickness, are they entitled to statutory sick pay?

If an employee returns to work from unpaid sabbatical leave and is then on sick leave, having not received any pay during the eight weeks prior to...
15th May

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