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Employment

Minimum wage – dress code

Under the Minimum Wage Regs, if a worker is obliged to incur expenditure to do their job, then they cannot be expected to cover those costs out of the minimum wage. Instead, the employer has to reimburse the expenses on top of paying the minimum wage.

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Disability – constructive knowledge?

An employer can be held to have had constructive knowledge of an employee’s disability.

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Workers – holiday arrears

The ECJ has confirmed the Advocate General’s opinion that ‘workers’ can claim arrears of holiday pay (even if they did not ask to take the holiday at the time).

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Dismissal – expired warnings

ACAS recommends that an employee should be told how long a written warning will remain live, and the consequences of further misconduct during that period of time. Moreover, a decision to dismiss ‘should not be based on an expired warning, but the fact that there is an expired warning may explain why an employer does not substitute a lesser sanction’.

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Contract – probationary period

Apparently, almost one in five new employees fail to get past their probationary period. Hence, probationary period clauses in employment contracts can help manage expectations, focus the mind on performance, and facilitate a swift exit.

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Wages – NMW, NLW, RLW!

An explanation of these abbreviations:

NMW = National Minimum Wage. For those of 21 or more it is currently £7.05 (increasing in April 2018 as a result of the Budget.

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‘Worker’ – Uber/Deliveroo

There is no doubt that the definition of ‘worker’ is the key employment law issue of our time. The Pimlico Plumbers case is due to be heard by the Supreme Court, and there is a fair chance that the Uber dispute will leap-frog the CA and be heard at the same time by the Supreme Court.

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Restrictions – SPAs

There is a distinction to be made between restrictive covenants in an employment contract, as opposed to restrictive covenants in a shareholders agreement (often called an investment agreement) when a business is sold under a sale and purchase agreement (SPA).

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Collective consultation – overseas

If an overseas employee has a ‘sufficiently strong connection’ with GB (and British employment law) then that employee may be able to bring an ET claim in this country.

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Week’s pay – pension

The EAT has held that a ‘week’s pay’ must include employer pension contributions.

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