Published: 1 December 2017
Until yesterday, there were only a handful of “worker” cases. As an eminent employment QC has just stated about the case of King –v- Sash Windows in the press, this may be the decision to turn that trickle of cases into a flood.
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
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.
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”.
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…
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.
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 .
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.
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.
Published: 14 February 2017
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).
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.
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.
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.
Published: 6 September 2016
The case of AA Solicitors Limited v Majid  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).
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.
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.
Published: 30 July 2015
Following the General Election, the new Government has set out proposed plans which could affect both Employers and Employees.
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
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.
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:
Published: 14 December 2014
The New Parental Leave rules - what they mean for the workplace
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.
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.
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.
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.
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...