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Employment

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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Pregnancy rights – from pregnancy

The Advocate General has given an opinion that the employment rights of pregnant women arise from the moment they become pregnant (ie even if the employee – let alone the employer – is unaware of the pregnancy!).

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Termination payments – tax

Major changes to the taxation of termination payments come into force on 6 April 2018:

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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...
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Knotweed – nuisance
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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
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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
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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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