The way in which an employer should check to see whether what it is paying to a worker complies with the national minimum wage provisions is discussed in particular in the section of Practice Note: National minimum wage headed National minimum wage — Checking pay against the minimum. Normally, when calculating whether the national minimum wage has been paid or not, any sort

There is no statutory right for an employee to take time off to breastfeed, whether paid or unpaid. If an employer is notified that an employee is breastfeeding, they should bear in mind: • the need for a risk assessment • the possible risk of discrimination or other prohibited conduct claims under the Equality Act 2010 (EqA 2010), eg for direct discrimination Risk assessments In addition to the duty under the Management of Health and Safety at Work Regulations 1999 (MHSW Regs 1999), SI 1999/3242, reg 16(1) to carry out a general risk assessment of health and safety issues where women of child-bearing age are employed, where an employee notifies the employer that they are breastfeeding, the employer has a specific duty under MHSW Regs 1999, SI 1999/3242, regs 16(2)–(3) and 18 to carry out an individual risk assessment in respect of that employee. Where the assessment identifies a risk, employers must (among other

A relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 does not terminate the contract of employment of any person employed by the transferor and assigned to the organised grouping that is subject to the transfer. Instead, the contract of employment has effect after the transfer as if originally made between the employee and the transferee (TUPE 2006, SI 2006/246, reg 4(1)). The transferee acquires: • all rights, powers, duties and liabilities under or in connection with the contracts of employment of transferring employees • liability for all pre-transfer acts and omissions of or in relation to the transferor in respect of transferring employees or their contracts of employment The

Working Time Regulations—48 hour weekly working limit across multiple employers Under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, reg 4(1), a worker's working time must not exceed a weekly average of 48 hours (including overtime) for each seven days in any ‘reference period’, unless the employer has first obtained the worker’s agreement in writing to perform such work. The wording of this proviso reflects that it is usually the employer who wishes the worker to ‘opt-out’ of the maximum working week, rather than it being sought by the worker. In relation to young workers (as defined in WTR 1998, SI 1998/1833, reg 2(1)), an employer must also take ‘all reasonable steps’ (to protect the health and safety of workers) to ensure that, in the case of each young worker employed by the employer, the average

A relevant transfer within the meaning of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, may be a business transfer or a service provision change. Whether the transfer is to a buyer who is a limited company (owned by the single employee employed in the business) or to a buyer who is, in fact, the single employee themselves, the approach in determining whether there is a business transfer within the meaning of TUPE 2006, SI 2006/246, and whether that has the effect of transferring the employee’s employment to the buyer will be broadly the same. Is there a transfer of a business? A business transfer is the transfer of a business or undertaking (or part) situated in the UK to another person where there

The Equality Act 2010 (EqA 2010) contains provisions designed to achieve equality between men and women in pay and other terms of employment where the work of an employee and their comparator (a person of the opposite sex) is equal. It does so by providing for a sex equality clause to be read into the employee’s contract of employment. This is designed to ensure parity of terms between the employee and their comparator. EqA 2010, ss 64–66 impose an equality clause into a person's (A's) terms of work, or an equality rule into an occupational pension scheme,

A service occupancy licence or tenancy is a licence or tenancy granted to an employee to occupy accommodation where the employment contract expressly requires that they live at the property for the better performance of their duties, or it is essential for the performance of those duties: Northern Ireland Commissioner of Valuation v Fermanagh Protestant Board of Education [1969] 1 WLR 1708. As to the contractual requirement, this must be established as a matter of fact and not merely by way of a term included in the contract, but it is sufficient to satisfy the condition if it can be shown that the

In this situation the employer should ensure that the employee receives the same amount that he would receive if he were to bring a claim for damages for breach of contract. Those damages would equate to the value of the loss that he would suffer. In a claim for breach of contract, the valuation of the benefit of a company car will depend upon the contractual entitlement which the employee had before he was dismissed:

If the employer gives shorter notice of termination than they are required to give under the employment contract (or no notice), the employer will have dismissed the employee in breach of the contract of employment, ie this will be a wrongful dismissal. For information: • on contractual notice generally, see Practice Note: Contractual notice • on wrongful dismissal, see: Wrongful dismissal—overview For the purposes of an unlawful deductions claim under section 27 of the Employment Rights Act 1996 (ERA 1996), wages are essentially payments in respect of services rendered, so that

The JCT Design and Build Contract 2016 (JCT DB) defines a Statutory Undertaker in clause 1.1 as: ‘any local authority or statutory undertaker where executing work solely in pursuance of its statutory obligations, including any persons employed, engaged or authorised by it upon or in connection with that work.’ Clause 2.26 of the JCT DB sets out the ‘Relevant Events’ which may entitle the Contractor to claim an extension of time to complete the works. For more on extensions

When processing personal data or information in a given situation, the controller will need to consider whether that processing is lawful under what is now Assimilated Regulation (EU) 2016/679, UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018). The key obligations falling on controllers under the UK GDPR (among others) include ensuring that: • the data protection principles set out in Article 5 of Assimilated Regulation (EU) 2016/679, UK GDPR are complied with • where personal data are processed, a lawful condition under Article 6(1) of Assimilated Regulation (EU) 2016/679, UK GDPR applies • where special categories of personal data (special category data) are processed, in addition to an Article 6(1) condition, a specific condition for processing under Article

Where a company is wound up by the court, any disposition of that company's property (including the transfer of shares) made after the presentation of the winding-up petition is void under section 127 of the Insolvency Act 1986 (IA 1986) unless ratified by the court by the making of a validation order. The aim of IA 1986, s 127 is to ensure that the company's property is divided equally between its creditors and to ensure that its assets are not depleted prior to its liquidation. The court can validate any transactions that are caught under IA 1986, s 127 on an application