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Employment

Holiday pay – must include overtime

The CA has considered a claim by various ambulance staff in relation to what the employees claimed was an unlawful deduction from their holiday pay. 
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Disability – when did the employer know?

The duty to make reasonable adjustments only applies when an employer has actual or constructive knowledge of disability. One requirement needed to satisfy the definition of disability is that the condition is long-term, which means that it has lasted or is likely to last for at least 12 months. In a recent case the EAT considered when the duty to make reasonable adjustments had been triggered.

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ET fees – £16m still owing

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.
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Law firms – employment failures

Two law firms have recently failed to carry out required procedures when making employees redundant. The ET heard that one firm did not give proper warning or notice to staff that they were due to lose their jobs. Section 188 TULRCA 1992 requires that employers are under a duty to consult when they propose to make 20 or more employees redundant within 90 days or less. There had been no such consultation and the employees heard via text message that they should come into the office for a meeting.

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April 2019 – statutory compensation rate changes

On 6 April 2019 the annual increase to the compensation limit in the ET took effect as follows:

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National minimum wage – increases

From 1 April 2019 the NMW increased to:

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Sickness absence policy – suggested content

A useful article outlines how to create and maintain a sickness absence policy. It should start with an initial purpose statement telling employees why it is in place, what it hopes to achieve and which parts are contractual. The policy should differentiate between genuine sickness absence and instances where absence will be a disciplinary matter, eg when employees are repeatedly late for work for reasons not linked to illness. The policy should cover the following topics:

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Suspending an employee – practical considerations

Before suspending an employee, employers and their advisers should bear in mind the following:

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Suspension – no breach of trust and confidence

The CA has held that when an employer has reasonable and proper cause to suspend an employee, it will not breach the implied term of trust and confidence. An employer does not also need to demonstrate that the suspension was necessary.

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Gender pay gap – guidance

From 2017, any organisation that has 250 or more employees must publish and report specific figures about their gender pay gap.

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Some practitioners were somewhat aghast to read para 8.9 in the new Code of Conduct for solicitors as follows: Read more...
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Wednesday, 12 February 2020
Under s1(1) LTA 1987 L shall not make a ‘relevant disposal affecting any premises to which at the time of the disposal this Part applies’ unless it has previously served notice in accordance with... Read more...
Oral trust for third party – not binding
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A recent CC decision is an important reminder to property practitioners to advise clients to ensure that any declaration of trust is in writing. Section 53(1)(b) LPA 1925 states that: Read more...
Civil partnerships – opposite sex
Wednesday, 12 February 2020
The Civil Partnership (Opposite-sex Couples) Regulations came into force on 2 December 2019 enabling mixed-sex couples to enter into a civil partnership, as an alternative to marriage or cohabitation. Read more...
Ethical veganism – a philosophical belief
Wednesday, 12 February 2020
A vegan is someone who does not eat or use animal products. 'Ethical' veganism is more than just not eating or using animal products – it goes beyond this in that ethical vegans try to exclude all... Read more...
Stalking – orders
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The perpetrators of stalking can now be banned from approaching and/or contacting their victims under police powers that came into force on 20 January 2020. Under the Stalking Protection Act 2019,... Read more...

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