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Employment

Holiday pay – calculation

Many workers are entitled to holiday pay but do not actually take the holiday (eg casuals, part-timers, zero-hour workers). 
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Whistleblowing – self-interest?

The whistleblowing legislation was amended in 2013 so the disclosure must now be ‘in the public interest’. This change was designed to reverse an EAT decision which had allowed a personal contractual dispute to come within the scope of the legislation.

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Morrisons’ data – vicarious liability

What is one to make of the decision that Morrisons is vicariously liable for an unauthorised data dump by a rogue employee (in which the personal data, including salaries, of 100,000 colleagues was posted online)?

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Sickness – on holiday

 A worker who falls ill during annual leave is entitled to take that holiday leave at a later date. This is so whether the sickness commenced before, or during, the holiday.

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PILONs – restrictive covenants

A PILON clause is a ‘payment in lieu of notice’ clause. Traditionally, many employers have deliberately not included such clauses in their standard contracts, because of the tax benefits on termination payments.

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Gross misconduct – omission

Failing to do something (ie an omission) can amount to gross misconduct.

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Protected conversations – termination date

ERA 1996 was amended in 2013 to give increased protection to pre-termination negotiations between employers and employees. Thus we now have the concept of the ‘protected conversation’, which means that negotiations can be carried out on a without prejudice basis (and therefore not disclosable at a later date).

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Gender pay gap – EHRC

Employers with 250 or more ‘employees’ should be reporting on their gender pay gap; this should be based on a pay data snapshot as at 5 April 2017, with the deadline for publication being 4 April 2018.

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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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Most-read articles

Constructive trusts – property
Wednesday, 12 September 2018
The author gives a helpful analysis of a ruling following a claim to establish a constructive trust or proprietary estoppel in respect of a domestic property. The deceased died intestate while living... Read more...
Professional negligence – adjudication
Wednesday, 12 September 2018
The Professional Negligence Adjudication Scheme is run by the Professional Negligence Bar Association. It offers a voluntary ADR procedure, modelled on the adjudication system in construction... Read more...
Waste – L’s liability
Wednesday, 12 September 2018
Ls should be aware of the environmental enforcement obligations that may be incurred as a result of T’s activities. Read more...
Part 36 – late acceptance
Wednesday, 12 September 2018
If a Part 36 offer is accepted out of time (ie outside the 21 day period) in a low value protocol case, then what are the costs consequences? In particular, does late acceptance mean a liability to... Read more...
HMOs – new rules
Wednesday, 12 September 2018
The definition of house in multiple occupation (HMO) changes on 1 October 2018. The new definition covers properties occupied by five or more people, comprising two or more separate households. Read more...
Energy efficiency – reassessment by T?
Wednesday, 12 September 2018
The Energy Efficiency (MEES) Regs mean it is no longer possible to grant new leases to properties with an EPC of F or G. Moreover, existing lettings of F and G properties will become unlawful from... Read more...
Knotweed – nuisance
Wednesday, 12 September 2018
Last year, we had county court claims in Cardiff and Truro in which it was held that the encroachment of Japanese knotweed would be actionable as a ‘private nuisance’. The Cardiff cases have now... Read more...
Procedure – expert witnesses
Wednesday, 12 September 2018
Expert witnesses must comply with court rules and related guidance appropriate to their area of expertise. New guidance for paediatric expert witnesses in family proceedings has now been issued. Read more...
Self-employed – or worker?
Wednesday, 12 September 2018
The Pimlico Plumbers case was seen as a victory for workers in the gig economy, with the Supreme Court looking at the reality of the relationship (rather than the legal labels attached). So, what... Read more...
Offences – mens rea
Wednesday, 12 September 2018
This was a pre-trial appeal of a ruling at a preparatory hearing. The two appellants (A) faced charges under s17 Terrorism Act 2000 of sending money overseas, or arranging to do so, knowing or having... Read more...

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