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Employment

Restrictive covenant – no signature

An employee started work in 2008, and was promoted in 2011, and 2016. The company sought to enforce restrictive covenants, and produced three contracts (2008, 2011 and 2012), none of which was signed.
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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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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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