Fletcher Day to host Employment Seminar on 21 November 2017

Fletcher Day to host Employment Seminar on 21 November 2017

Published: 20 October 2017

Fletcher Day and Outer Temple Chambers are delighted to be holding their first joint Employment Law Seminar followed by drinks and canapes

Are non-compete restrictive covenants now, in fact, as useful as a chocolate tea pot?

Are non-compete restrictive covenants now, in fact, as useful as a chocolate tea pot?

Published: 3 October 2017

If a key or senior employee of your company jumps ship and wants to joins a competitor; that non-compete restrictive covenant in their Service Agreement or Employment Contract will prevent them from doing so, and protect your business, won’t it?

Hmmmmm.  Well, maybe not.

 The new Apprenticeship Levy; Other uses and potential issues?

The new Apprenticeship Levy; Other uses and potential issues?

Published: 9 August 2017

The government’s new Apprenticeship Levy came into effect this year; on 6 April 2017 and applies to employers operating in the UK who have a salary bill of more than £3 Million.  A levy-paying employer must pay a 0.5% levy on their salary bill each month and as a result is given an Apprenticeship Levy allowance of £15,000 per annum to use on “applicable training”.

Employment Tribunal Fees have been declared unlawful – So, what now?

Employment Tribunal Fees have been declared unlawful – So, what now?

Published: 26 July 2017

The Supreme Court has today – perhaps surprisingly - ruled that the current Employment Tribunal fees system is unlawful.  The claim was bought by Unison, who appealed to the Supreme Court, having lost in both the High Court and also the Court of Appeal.  Whilst a humiliation in no uncertain terms for the government, this is a seminal decision on the rule of law.  In addition, it could potentially open a whole slew of “other” issues not least the basic logistics and implications of repayment of several years’ worth of fees to the claimants who were required to pay them…

An Honest Wage for an Honest Days’ Work

An Honest Wage for an Honest Days’ Work

Published: 25 July 2017

What employers should know about the Taylor “Good Work” Report [July 2017]

Over the last few years we have seen an increasing number of companies in the modern economy move away from traditional employment models for their workforces.  As a result of new technology platforms, a need for cost efficiency and an increasing emphasis on flexibility in the workplace, businesses in the “gig economy” manage their staff on a wide variety of working patterns, or in new contractor-based structures.Companies such as Uber, CitySprint and Deliveroo use app technology platforms to purchase labour from their workforce of contractor-drivers or couriers “per gig” (i.e. a car journey or a delivery).Companies such as Sports Direct, and JD Wetherspoons are using “zero hours” contracts to maintain a bank of available workers without set working hours, ready to meet the fluctuating demands of the business when they arise.

Can TUPE apply on a SHARE ACQUISITION?

Can TUPE apply on a SHARE ACQUISITION?

Published: 5 July 2017

Possibly, in certain circumstances was the (slightly worrying) view of the High Court in the recent case of ICAP Management Services Ltd –v- Berry [2017]. 

Mr Berry was a senior executive in electronic broking with ICAP Management Services Ltd. He was placed in the garden (for his 12 month notice period) when he gave notice to join ICAPs main competitor; BGC.

April 2017 Employment Law Changes

April 2017 Employment Law Changes

Published: 24 April 2017

The month of April is usually an important and busy time for new employment law legislation and this month is no exception.  There are a number of significant changes which will have an impact upon employers who may need to plan and reorganise internal procedures in order to adapt to the new regulations and legislation. Employees should also be aware of the changes as they will have an impact upon their general employment rights.  The effect of some of the changes are considered below.

Fletcher Day expansion continues with the appointment of Employment specialist Andrea London

Fletcher Day expansion continues with the appointment of Employment specialist Andrea London

Published: 14 February 2017

Central London commercial law firm Fletcher Day has announced the appointment of Andrea London as a Partner to head up its burgeoning Employment department. The appointment takes effect from Tuesday, 7th February 2017.
What’s in a Word?

What’s in a Word?

Published: 27 January 2017

I have always been fascinated by the meaning of words, particularly their meaning in law. One of my great interests in this area are the words ‘Employee’, ’Worker’, ‘and Sub-Contractor’. I have acted in many cases for both sides on the meaning of these very words, including acting in a landmark case back in 2010 to the Court of Appeal on the meaning of ‘Sub-Contractor ’(Tilson -v- Alstrom).

The Rights of Workers in the “Gig” Economy

The Rights of Workers in the “Gig” Economy

Published: 12 December 2016

There has been much talk and publicity recently about the “Gig” economy which is becoming widely popular. This type of arrangement consists of a working environment where temporary positions are common place and workers are paid for separate pieces of work.  Often companies will contract with independent workers to carry out these short term engagements.  

Impact of Brexit in the workplace

Impact of Brexit in the workplace

Published: 6 September 2016

From both an employer and employee perspective, it is important to be aware of the implications of certain types of behaviour within the workplace following the result of the EU Referendum.

How are Employers protected against false claims of discrimination at the Recruitment stage?

How are Employers protected against false claims of discrimination at the Recruitment stage?

Published: 6 September 2016

The impact of the Brexit is still resonating in peoples ears, and many in the employment field are saying that EC Rules and Directives that currently apply, will have no place in the UK, once we formally leave the EU, however, we are a long way off that date, and for now all rulings from the European Court of Justice (ECJ) will continue to have direct effect on our domestic employment law. 

Tribunal’s power to increase awards for injury to feelings in line with inflation

Tribunal’s power to increase awards for injury to feelings in line with inflation

Published: 6 September 2016

The case of AA Solicitors Limited v Majid [2016] UKEAT/0217/1 concerned the question as to whether the Employment Tribunal were  able to take into account the effect of inflation when making awards for injury to feelings, without having to wait for further guidance from the Employment Appeal Tribunal (EAT).

Employers can read your Private Emails at Work..

Employers can read your Private Emails at Work..

Published: 27 February 2016

There has been a lot of panic among employees recently over a judgment by the European Court of Human Rights (ECHR), given that it is not uncommon for employees at every level to send personal emails to friends and relatives during working hours.

What is in Store for Employment Law

What is in Store for Employment Law

Published: 21 December 2015

As we near the closure of another year in the world of employment law, we thought we would give you a flavour of the varied types of cases and regulations that have helped shape this year, and are likely to create more twists and turns as we roll into 2016.

What the General Election means for Employment Law

What the General Election means for Employment Law

Published: 30 July 2015

Following the General Election, the new Government has set out  proposed plans which could affect both Employers and Employees.

What's New: Employment Law 2015

What's New: Employment Law 2015

Published: 29 January 2015

UK employment law continues to develop at an unabated pace. With January almost at an end, the coming year promises several major changes in the legal landscape

Settlement Agreements

Published: 17 December 2014

Settlement Agreements – a guide for employers Whilst Christmas is traditionally a time for "glad tidings of comfort and joy", it is potentially also a difficult time of year for both employers and employees. 

Employment Law Changes

Published: 16 December 2014

Happy New Employment Year! 2014 promises to be another year of substantial change in UK employment law. Whilst the timetable is subject to amendment, currently the Government is intending to make the following changes in 2014:

Christmas Parties

Christmas Parties

Published: 16 December 2014

The Employer’s Survival Guide

The New Parental Leave Rules

The New Parental Leave Rules

Published: 14 December 2014

The New Parental Leave rules - what they mean for the workplace

Rise in UK Living Wage Good News for Low Paid Workers

Rise in UK Living Wage Good News for Low Paid Workers

Published: 8 November 2014

A rise in the  "living wage" rate has been announced this week meaning more than 30,000 low paid workers will receive a pay rise worth up to £400 a year.

Settle Your Differences

Settle Your Differences

Published: 1 November 2014

Employers should be aware that important changes have been made regarding the circumstances in which a compromise agreement (now called settlement agreement) may be offered to an employee when considering a parting of ways. 

All Change: New Employment Rules of Procedure & Introduction of Fees

All Change: New Employment Rules of Procedure & Introduction of Fees

Published: 30 October 2014

On 29 July 2013, the UK employment tribunal system saw substantial change. Following the Government consultation,  Resolving Workplace Disputes , and a Fundamental Review of the Rules of Procedure for Employment Tribunals led by Mr Justice.

Employment Law Round Up

Employment Law Round Up

Published: 18 June 2014

UK employment law continues to develop at a rapid pace. The last few months have brought about several important employment law changes.

Employment Health Check

Employment Health Check

Published: 27 October 2013

With UK employment law continuing to develop at a rapid pace, it is important to ensure that your employment contracts and procedures are fully compliant and up to date so as to avoid unanticipated liabilities for your business...

Managing Absenteeism in the Work Place

Published: 27 October 2013

The London 2012  Olympic and Paralympic Games have come and gone and are becoming a distant memory.