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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.

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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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SARs – GDPR

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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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.

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Holiday pay – overtime

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

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Power of attorney – validity
Wednesday, 12 June 2019
The powers of attorney in a recent case were granted in the context of a share sale, but private client practitioners will benefit from the clarity given by the court on the validity and execution of... Read more...
LeO – VAT and costs information
Wednesday, 12 June 2019
We have reported above that LeO has issued updated costs guidance. Costs complaints often involve disputes above whether VAT was included in the price. The updated guidance states that VAT is often... Read more...
Firm reprimanded – poor language
Wednesday, 12 June 2019
Solicitors are reminded that they are officers of the court at all times and are expected to maintain an appropriate level of courtesy throughout their professional dealings. Read more...
Group action – stays in Liverpool
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It is interesting to note that the High Court has refused to transfer a multibillion-pound class action from Liverpool to London. The action involves some 200,000 claimants who are suing a mining... Read more...
Fixed recoverable costs – payable if £25k limit exceeded
Wednesday, 12 June 2019
Fixed recoverable costs (FRC) prescribe the amount of damages that can be claimed back from a losing party in civil litigation; they are a way of controlling the legal costs by giving certainty in... Read more...
Section 21 notice – amended form introduced
Wednesday, 12 June 2019
Under Housing Act 1988 an s21 notice gives L an automatic right of possession without having to give any grounds once the fixed term has expired. The notice cannot be used to gain possession during... Read more...
RV – can demand be assumed?
Wednesday, 12 June 2019
To calculate the rateable value (RV) of a property, a valuation officer (VO) must work out what the open market rent would be for the property by applying the rating hypothesis. The purpose is to... Read more...
Proprietary estoppel – successful claim
Wednesday, 12 June 2019
Proprietary estoppel is a remedy which prevents the legal owner of a property from asserting their strict legal right in relation to that property when it would be unconscionable to allow him to do... Read more...
Children – care plans
Wednesday, 12 June 2019
What is the court’s approach where there is an impasse with the LA regarding an important element in a care plan? In this case, the CA found that the trial judge’s invitation to the LA to... Read more...
ET fees – £16m still owing
Wednesday, 12 June 2019
In 2017 the SC ruled that ET fees, introduced by the government in 2013, were unlawful. This was on the basis that they were a barrier to access to the ET, particularly for employees on low incomes. Read more...

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