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

Is it a United Kingdom? We thought we’d look in detail at the main differences in Employment Law between England, Wales, Scotland and Northern Ireland, and have updated this for July 2019. Generally there is very little difference in employment law between England and Wales, some differences in Scotland but there are some important differences

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.

Calculating holiday pay (updated 2017)

When calculating holiday pay Employers 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 also look at October’s 2014 Employment Appeal Tribunal (EAT) decision that says overtime should be included when calculating holiday pay (the combined

Can love and relationships in the office work?

It’s not uncommon for romance to blossom between work colleagues – generally, this causes few problems, but we thought we’d take a look at what can sometimes be a quagmire for employees, employers and freelancers.
The rules
It can be difficult for employers to object to workplace relationships, although many wish they could operate an

Deciphering your legal status and IR35

IR35 – Updated 2016.
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.
We give you more details

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

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) National

Employing young people/school leavers

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’ll 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 don’t speak English as their first language.
The most

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

EU 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

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

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 this

What would UK Employment Law be like without Europe?

Following the Referendum in June 2016 we look at what impact Europe has had on our existing UK employment laws; what laws are derived from Europe; where the Government has chosen to enhance EU regulations for workers; what laws are derived solely from the UK; and what may happen to these laws in the event

Important Agency Workers Regulations Tribunal cases

Updated 2019
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.
The Swedish Derogation model refers to Regulation 10 of the AWR that allows for temporary workers not to receive comparable pay (with ‘comparable’ permanent

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 several years 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. Religion or belief is a ‘protected characteristic’ that shouldn’t be discriminated against, as outlined

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.
Redundancy is a ‘fair’ means of dismissal by your employer, so long as the procedures the Employer follows and

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

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 – 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 often get bad press. Are they a beneficial experience for both Employers and graduates, or potentially unethical exploitation? Here we look at what they offer (and what they should offer!) in more detail.
You can read our Guide to Apprenticeships here.
Research by XpertHR in June 2011 showed that 44% of

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 SME's in the UK creative industries

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