The Practical Lawyer

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Employment

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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Self-employed – or worker?

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 happens on the ground is more important than the wording of the contract.

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Apprenticeship – two types

A ‘contract of apprenticeship‘ is different to an ‘apprenticeship agreement‘. Indeed, from an employment law point of view they are fundamentally different.

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Pimlico Plumbers – ‘worker’?

Under ERA 1996 a ‘worker’ includes an individual who contracts ‘to perform personally’ work or services for someone who is not ‘a client or customer’.

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Disability – menopause

Can the menopause be a ‘disability’?

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Constructive dismissal – salary cut

Constructive dismissal claims are often based around a breach of ‘trust and confidence’.

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GDPR – references

GDPR impacts on the giving of references:

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References – disciplinary action?

Cases on negligent statements in employment references are few and far between.

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