Calculating holiday pay (updated 2017)

Holiday pay must now include payments for regular overtime and contractual results-based commission.
Updated to look at October 2016’s Court of Appeal decision in Lock vs British Gas and we look at October’s 2014 Employment Appeal Tribunal (EAT) decision that says overtime should be included when calculating holiday pay (the combined cases of Bear Scotland

Government funded Occupational Health Service for SMEs

In early 2013, the government unveiled details of an occupational health scheme aimed to save Employers money and help tackle long-term sickness absence in the workplace.  Figures from 2011 estimated that sickness costs UK Employers £9 billion a year.
This summer the Government announced the new scheme – the Health and Work Service – would

Can love and relationships in the office work?

It is not uncommon for romances to blossom between work colleagues – generally this causes little problems but with several cases hitting the news recently, we thought we’d take a look at what can sometimes be a quagmire for employees, employers and freelancers. It can be difficult for employers to object to workplace relationships, although

Consultation starts on exclusivity clause ban in zero hour contracts

The Government last week announced the start of a consultation on banning exclusivity clauses in zero-hours contracts, and how to identify and close any loopholes in the way they implement this future ban.
Exclusivity clauses in zero-hours contracts effectively ban people on such contracts from taking jobs elsewhere, even if they are offered no hours

Deciphering your legal status and IR35

Many new freelancers and contractors may be vaguely aware of IR35, but not know when and where it applies. Before getting too intimate with the ins and outs of the IR35 legislation, the first step is to know if IR35 is even relevant to your situation.
Broadly speaking, there are three different legal structures under

How to check a person’s legal right to work in the UK

All employers have a legal obligation to check that all their staff have a legal right to work in the UK before they can employ them, as it is illegal to employ a person who does not have permission to live and work in the UK (the Company can be prosecuted and fined if they

Changes to the Rehabilitation of Offenders Act 1974

The Rehabilitation of Offenders Act 1974 supports reformed offenders entering the workplace.  Following a specified period of time – which varies according to the sentence – an offender’s cautions and convictions become ‘spent’ and the offender is regarded as rehabilitated.
This means the Act treats a rehabilitated person as if he or she had never

What happens if I’m injured at a client’s premises?

While the latest figures from the HSE (Health and Safety Executive) show that the total numbers of accidents at work fell compared to the previous year, serious incidents, injuries and accidents unfortunately still happen and the rate of fatalities at work hovers between 0.45 to 0.5 per 100,000 workers.
The HSE oversees the implementation and

Statutory Sick Pay changes could affect small employers

A major change to Statutory Sick Pay (SSP) comes into force on 6th April 2014, which will affect all employers.
Currently, under the Percentage Threshold Scheme (PTS), employers can recover SSP costs for their employees’ sickness if the total SSP paid in a tax month is more than 13% of their gross Employers’ (Class 1)

Keep your staff happy, they cost £30,000 to replace

A recent study by economics consultancy Oxford Economics found that the average cost of replacing a member of staff when they leave is more than £30,000. You need to keep your staff happy!
The survey was carried out in the legal, retail, accountancy, media, advertising, IT and technology sectors and found that the overall financial

Employing school leavers – a change in the law for young people

From the start of the 2013/14 Academic year the Government changed the law on how long young people are required to stay in education or training.
Raising the Participation Age‘ (RPA) means that young people must now stay in education or training longer.
‘Raising the Participation Age‘ (RPA) means that young people must now stay

What languages should be spoken at work

With the diversity of workforces in the UK today, there will inevitably be many workers of different nationalities and with different languages and cultures.  This will mean that employers may need to deal with issues regarding what language is used in the workplace, particularly if many workers do not have English as their first language.

Should employers fear the office Christmas party?

Your Christmas Party is normally pretty lively and good fun, but employers need to consider various factors beforehand, so there are no problems (yawn – but bear with us here!).
Unfortunately, because of various pieces of legislation, employers need to have a policy in place setting out the standards of acceptable behaviour for their workers

European Union decides surrogate mothers can take maternity leave

The European Court of Justice in 2013 advised that a British woman who had a child through a surrogate mother is entitled to paid maternity leave.
Women who adopt a child in the UK are entitled to the same statutory adoption pay as pregnant mothers, but families who choose to use a surrogate mother to

‘Without Prejudice’ rules explained (and Settlement Agreements)

‘Without Prejudice’ Rules have existed for a long time and are used by an employer when they and an employee have a dispute in their working relationship which they are trying to resolve in the most amicable way. We look at what this means and how it can be used here.
The ‘Without Prejudice’ Rules

RIDDOR changes from 1st October 2013

RIDDOR stands for the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations and is one of the important pieces of UK Health and Safety legislation.
Some major revisions to the Regulations were made on 1st October 2013, which we summarise here.
Including…. RIDDOR requires employers (and freelancers) to report and keep records of work-related accidents which

Employee Shareholder Contracts now in force!

A new type of employment contract – the Employee Shareholder Contract – came to life on 1st September 2013 (as part of the Growth and Infrastructure Bill). UPDATED 2016.
Under this new contract employees give away some of their employment rights in exchange for receiving shares between £2,000 – £50,000 in their company (and benefiting from tax advantages on these shares).

Military Reservists get more employment protection

At the beginning of July 2013 the Ministry of Defence published a whitepaper aimed at helping them plan their resourcing requirements when reserve forces are deployed on operations.  The whitepaper made several suggestions relating to reservists normal employment and made a commitment to provide employers with fewer than 250 staff “more notice [of when their

Confidential pre-termination negotiations and Settlement Agreements

Many employers, if a relationship with an employee is not going well, for whatever reason, may consider ending that relationship and will hope to start a conversation with an employee to end their employment by mutual agreement (which usually comes with an appropriate sum of money as compensation), rather than pursue a dismissal in other ways.
From 29th July 2013

New Employment Tribunal rules from 29th July

Several important changes will happen to Employment Tribunals at the end of July. Firstly, and most importantly, Tribunal fees are being introduced. In addition, some Employment Tribunal Rules are changing and Compensatory Award limits are changing. Here we’ll run through the changes.
The new rules:

A claim from an applicant will be rejected if it is

New Equal Pay ruling regarding comparators is good news for female workers

A ruling by the Supreme Court at the end of June has effectively handed women the legal right to demand the same pay as male colleagues doing a different job of ‘equal value’.  (for more info on this see our article here about Equality issues).
The Supreme Court ruled in favour of more than 200 female

Agency Workers have discrimination rights under the AWR

In September 2012 an Employment Tribunal found that an agency worker had discrimination rights and awarded her a large sum of money for disability discrimination and unfair dismissal against the Company she was employed to work at. We look at the details of the case here.

In Pegg v Camden Council, the Tribunal heard

Interrupted breaks can still count as rest under the WTR

An important case about compensatory rest and rest breaks took place recently. The case of Hughes v Corps of Commissionaires Management Ltd concerned a security guard who worked 12-hour shifts on his own (other security guards employed there worked other shifts) and who regularly had interrupted breaks. We look at the details and what

What would UK Employment Law be like without Europe?

Following the Referendum in June 2016 we have updated our article that looks at what impact Europe has had on our existing UK employment laws in our article here, what laws are derived from Europe and where the Government has chosen to enhance EU regulations, what laws are derived solely from the UK and what

Important AWR case gets to Tribunal

Finally at the end of 2012, over a year after the Agency Workers Regulations were introduced in October 2011, a case about the Swedish Derogation model came to Tribunal. We look at this case and subsequent cases regarding the AWR in our article here.
This case found Recruitment Agency Monarch Personnel Refuelling defending a claim

Hours and rest breaks for UK goods vehicle drivers – Part 2

(This post is from our Workline article base, which is now on the Crunch website).
There are different rules for drivers depending on what they drive. All the rules in our article here only apply to vehicles that are used for the ‘carriage of goods by road’. This is defined as any journey made entirely or

Hours and rest breaks for UK goods vehicle drivers – Part 1

(This post is from our Workline article base, which is now on the Crunch website).
There are different rules for drivers depending on what they drive. All the rules in our article here only apply to vehicles that are used for the ‘carriage of goods by road’. This is defined as any journey made

Workplace surveillance: can your employer spy on you at work?

With CCTV cameras everywhere you go these days, how likely is it that your employer or client will be keeping an eye on you? Basically, quite likely. Employers can monitor staff through a variety of methods  – but it must do so in a way that is consistent with several legal requirements and we take a

What is religious discrimination?

Religious discrimination employment law cases have been in the news for most of the last year and with four important UK cases going to the European Court of Human Rights in September 2012, we thought we’d have a look at this in more detail here. Religion or belief is a ‘protected characteristic’ that should

Your employer is making you redundant but has offered you another job – must you accept it?

Your job is at risk of redundancy, and your employer has offered you redeployment to another job in the same company – are you obliged to take it? We look at the details in our article here.
Redeployment
Employers need to consider the following factors when deciding if an alternative role will be ‘suitable’

Taking on an apprentice – the full details

Apprenticeship schemes are often in the news (and not always for the right reasons), so we’ve had a look at what they are about and where you can find out more details about taking on an apprentice.
Many UK businesses consider skills shortages and recruitment difficulties a big problem. Apprenticeships can be an answer

Employment Law in the United Kingdom – what differences are there?

United Kingdom? We thought we’d look in detail at the main differences in Employment Law between England, Wales, Scotland and Northern Ireland. Generally there is very little difference in employment law between England and Wales, some differences in Scotland but there are some important differences for employees and employers in Northern Ireland.
Here we summarise

Pensions Auto-Enrolment – the full details

From October 2012 most workers will start being auto-enrolled into a pension plan by their Employer (under the Pensions Bill that also abolished the Default Retirement Age during 2011) – here we give you the full details of the Scheme.
This will apply to all workers aged 22 and over (but who have not yet

Disciplinary procedures: common mistakes made by employers

In unfair dismissal claims, employment tribunals take the “Acas code of practice on disciplinary and grievance procedures” that was introduced in 2009, into account where relevant..However, many Employers make mistakes when handling disciplinaries and this can result in you having a claim for unfair dismissal if you have one years continuous service (which will increase to 2 years for employment starting after April 2012). Here we look at the common mistakes Employers make.

Small Business owners – how to work well with freelancers

With the ongoing shift towards employers using freelancers / contractors instead of employing PAYE workers and employees in the current uncertain climate, we look at how small business owners can get the best out of their relationship with freelancers, for the benefit of both parties.

Small Business Owners – the documents you need to employ staff!

We recently highlighted how red tape is putting off small businesses taking on staff. Another area of huge concern and confusion is what paperwork you need to give your staff to ensure your working relationship is clear and unambiguous. We give you the low-down here!

Internships – a good opportunity or a waste of time?

Internships and work placements have been getting some bad press lately. Are they an extremely good experience for both Employers and graduates or potentially unethical exploitation?

How your Employment can come to an end

There are various ways your Employment can come to and – but if you are an Employee you have the right not to be unfairly dismissed. Read this article for comprehensive information – updated for 2012.

The Human Resources Consultancy service for small and medium sized, creative, UK businesses

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