The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Employment

Zero-hours – holiday pay

Zero-hour contract ‘workers’ do have employment rights. These include the national minimum wage, holiday pay and statutory rest breaks.

Subscribers only...
 

Right to be accompanied – postponement

The right to be accompanied to a disciplinary hearing is set out in ERA 1999. In essence, a ‘worker’ has the right to choose any companion to attend a disciplinary hearing, as long as they are from within three categories of individuals:

Subscribers only...
 

Agency workers – ‘temporary’?

The effect of the Agency Workers Regs 2010 was seriously undermined by the EAT decision in Moran [2013].

Subscribers only...
 

SARs – GDPR

To what extent has GDPR changed the rules on subject access requests (SARs)?

Subscribers only...
 

Employer – distasteful conduct

An ET found that a manager’s conduct was ‘clearly distasteful’ when they binned a job applicant’s CV because she was ‘plain-looking’ and not slim enough.

Subscribers only...
 

Fair dismissal – no warning?

The general ‘rule of thumb’ is that dismissal without prior warning will be unfair (unless there has been ‘gross misconduct’).

Subscribers only...
 

Gig economy – implications

We looked at the Pimlico Plumbers case in the September 2018 issue (p8). In general terms, that 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).

Subscribers only...
 

Shared parental leave – take-up

Shared parental leave (SPL) was introduced in 2015. It allows parents to share up to 50 weeks of leave, with up to 37 weeks paid (subject to eligibility criteria), and they can choose to take the leave in blocks in order to provide greater flexibility.

Subscribers only...
 

HMRC – minimum wage

HMRC has significantly expanded its enforcement of the minimum wage. It is taking a far more proactive approach, which basically sees this as a way of raising revenue. In practice, HMRC will exhaustively examine employers’ working practices to check for technical breaches.

Subscribers only...
 

Holiday pay – overtime

There has been yet more litigation about the extent to which overtime should be included in holiday pay calculations.

Subscribers only...
 


Page 3 of 57

Most-read articles

Disputed will – guidance; procedure
Wednesday, 13 February 2019
What should you do if asked for correspondence and other documents in relation to a will you prepared for a client who has since died?  Read more...
MoJ – IT meltdown
Wednesday, 13 February 2019
Many litigators are no doubt all too aware of the Ministry of Justice (MoJ) January 2019 IT failures that hit the delivery of frontline legal services in some courts.  Read more...
Statutory notices – service
Wednesday, 13 February 2019
The SC has widened the scope of the service of statutory notices. Read more...
Part 36 offers – appropriate
Wednesday, 13 February 2019
Part 36 of the CPR allows a claimant or defendant to make an offer of settlement before trial. If the offer is not accepted and the opposing party does not meet the offer at trial, the court may... Read more...
Noise nuisance – liability?
Wednesday, 13 February 2019
A recent High Court decision has confirmed that L is not liable for nuisance caused by its T merely because L does not take steps available to prevent the cause of the nuisance, even when L knows... Read more...
RICS – service charges
Wednesday, 13 February 2019
We noted the RICS Code of Practice on service charges in our October 2018 issue, p19; the ‘Service Charges in Commercial Property (1st edition)’ comes into force on 1 April 2019. Read more...
Notice of severance – rectification?
Wednesday, 13 February 2019
A recent case reminds practitioners of the importance of ensuring that a notice of severance accurately records all of the titles intended to be severed. Read more...
Children – parental responsibility; removal of
Wednesday, 13 February 2019
In what circumstances might the court order the removal of PR from the father? The author comments on a recent case which involved a unique set of circumstances justifying the removal of PR.  Read more...
Incompetence – not discrimination
Wednesday, 13 February 2019
The CA has held that an incompetent process does not amount to discrimination. Read more...
Sentencing – contempt of court
Wednesday, 13 February 2019
The Court of Appeal has ordered a new trial in relation to a claimant remanded to prison overnight for discussing evidence in a civil case.  Read more...

Resources

IAG International
www.totallylegal.com
Join the IBA now!
MSI Global Alliance
In House Lawyer