The Practical Lawyer


Restaurant tips – cash or card?

If you leave a tip in a restaurant, does it go the individual who served you, or does it go to the employer (perhaps to be paid into a tronc, with a percentage being distributed to all staff)?
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Termination payments – NI

From 6 April 2019, employers will have to pay NI on any part of a termination payment that exceeds £30,000. Note that this is employer NI (it is not payable on employee NI).

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Zero-hours – holiday pay

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

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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:

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Agency workers – ‘temporary’?

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

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

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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.

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Fair dismissal – no warning?

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

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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).

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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.

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Page 5 of 59

Most-read articles

Probate fees – increase delayed
Thursday, 09 May 2019
We reported in the April 2019 edition (p34) on the increase of probate fees which was due to come into effect in April 2019. Read more...
VAT Order – construction services
Thursday, 09 May 2019
The VAT (s55A) (Specified Services and Excepted Supplies) Order 2019 comes into effect in relation to supplies made on or after 1 October 2019. Read more...
Brexit – impact on solicitors
Thursday, 09 May 2019
The Law Society has issued guidance for solicitors on the impact of the postponement of the UK’s departure from the EU. Read more...
RTA claims – no lawyers
Thursday, 09 May 2019
The Gazette reports that the MoJ has issued a consultation as to how to create an IT platform to enable unrepresented litigants to progress their own claim. Read more...
CFAs – no automatic 100% success fee
Thursday, 09 May 2019
In RTA claims, may firms routinely set a 100% success fee and claim the maximum limit of 25% of total damages. Read more...
T’s failure to respond – not a refusal of access
Thursday, 09 May 2019
The UT has held that T’s failure to reply to a letter from L requesting access to the property did not amount to a refusal of access. Read more...
MEES non-domestic rentals – reminder
Thursday, 09 May 2019
The MEES regulations are designed to tackle the least energy efficient properties in England and Wales and the Regs establish a minimum standard of EPC band E for domestic and non-domestic private... Read more...
‘Highway’ – no single meaning
Thursday, 09 May 2019
The SC has recently clarified the meaning of a highway. Read more...
Procedure – divorce
Thursday, 09 May 2019
Divorce practitioners may be particularly interested in the background to a recent case setting out the administrative processes and procedures by which errors in divorce proceedings are picked up... Read more...
EU citizens – right to work checks
Thursday, 09 May 2019
The government has issued guidance on employing EU, EEA and Swiss citizens, and their family members, after Brexit. Read more...


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