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Employee liability information

A transferor did not breach TUPE when it incorrectly told the transferee that its annual bonus scheme was non-contractual whereas it was in fact a contractual entitlement of the transferring staff. Regulation 11 of TUPE obliges a transferor to provide...

Big jump in February 2017 inflation measures

The UK inflation rate, as measured by the Consumer Prices Index (CPI), jumped to 2.3% in February (Index - 102.1), up from 1.8% in January. Other measures also saw significant increases: Inflation as measured by the Retail Prices Index (RPI) was 3.2% in...

Can religious headscarves be banned?

Sometimes, says the European Court of Justice ('ECJ'). However, one thing the decision has definitely not done is given the green light to any employer to ban headscarves in the workplace. The ECJ has handed down this important decision and...

Sickness absence in 2016

The rate of sickness absence in the UK workforce in 2016 was 4.3 days per worker, the lowest it’s been since the Office of National Statistics began collecting this data in 1993 (when it was 7.2 days per worker). Some headlines from the ONS data...

Sunday working and enhanced rights for shop workers where are they?

Despite the government’s plans to give local authorities the power to alter Sunday trading rules being defeated last year, provisions strengthening shop workers’ rights (contained in the Enterprise Act 2016) did get the go ahead. So what’s...

Preparing for an ageing workforce

Employers need to up their game when it comes to dealing with older workers according to a CIPD study which shows that half of the over-55s think they’ll be working well past retirement age. The CIPD’s survey of more than 1,600 employees says...

Immigration Skills Charge

Further details about the Immigration Skills Charge have been published by the Home Office. The ISC is expected to come into force on 6 April 2017. The latest guidance confirms that a charge of up to £1,000 per year will be payable by sponsors when...

Holiday pay and commission British Gas's flame is finally extinguished

British Gas has been refused permission to appeal to the Supreme Court in its long-running dispute with Mr Lock and whether his holiday pay should include his results-based commission. The case now returns to the tribunal for it to work out how much Mr Lock...

Pay deals clustered around 2%

Despite rising inflation there is, as yet, no sign of a ramping up of pay deals according to research data on January settlements, the second most common month for pay awards to take effect ahead of April. Most settlements are at or around a 2% benchmark. ...

Two codes of practice finalised

The final versions of the following codes of practice, which have been updated to reflect the provisions of the Trade Union Act 2016, have been published: Code of Practice: Picketing – see ...

Final version of gender pay gap regulations published

The final version of the regulations which require private and voluntary sector organisations with 250 or more employees to report on their gender pay gap have been published – the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017. They...

New compensation limits

The following compensation limits and minimum awards will apply from 6 April 2017: The maximum compensatory award increases to £80,541 (from £78,962). The limit on a week’s pay increases to £489 (from £479). This is used to...

Religion and holidays

An employer did not indirectly discriminate (on the grounds of religion or belief) against one of its employees when it refused him permission to take five weeks’ holiday to attend religious festivals with his family. Mr Gareddu is a Roman Catholic...

Mobility clauses and redundancy

An employer can rely on a mobility clause in its employees’ contracts where there is a potential redundancy situation – but it must be very careful when it does so, as this decision usefully illustrates. Mr Ewer and Mr Fitton had worked for KB...

New inflation measure

It used to be the RPI, currently it’s the CPI but soon it’ll be the CPIH. What are we talking about? The way inflation is measured by the official statistics. RPI – the Retail Prices Index – was for a long while the official measure...

Skills shortages, Brexit and pay data

The latest Labour Market Outlook (LMO) from the CIPD provides some interesting insights into the predicted effect of Brexit on the labour market and employers’ intentions regarding pay awards. Skills shortages are ‘starting to bite’ in UK...

New trade union laws 1 March 2017

1 March 2017 is start date for significant trade union law changes The headline changes in the Trade Union Act 2016 will come into force on 1 March 2017. These cover tougher thresholds for ballots (particularly for important public services), a time limit...

Plumber Confirmed As 'Worker'

A plumber engaged by a London firm, Pimlico Plumbers and described as ‘self-employed’ was in fact a ‘worker’ says the Court of Appeal, upholding the original judgment of the employment tribunal. The plumber, Mr Smith, was obliged to...

National minimum/living wage increases

The following increases to the National Living Wage and the National Minimum Wage will take effect from 1 April 2017: The National Living Wage (for workers aged over 25) will increase from £7.20 to £7.50 . The National Minimum Wage (NMW)...

Government review of tribunal fees

Tribunal fees remain but with tinkering at the edges A government review of the impact of tribunal fees has concluded that ‘while there is clear evidence that fees have discouraged people from bringing claims, there is no conclusive evidence that...

Law 'obviously not working in practice' to protect women against sexist dress codes

Tougher penalties and injunctions are just some of the recommendations made. In December 2015 Nicola Thorp arrived for work as a receptionist wearing flat shoes when the dress code for PwC's building required heels. She was sent home. She was...

Redundancy protections for new and expectant mums to be reviewed

The government is to look at what more can be done to protect pregnant women and new mothers from redundancy. But what is lacking at the moment are any real details. This move comes after the Women and Equalities Committee published its inquiry findings in...

Sexist comments still masquerading as office 'banter'

The continuing prevalence of gender discrimination revealed A depressing picture of the extent of discrimination which still exists in workplaces is painted by the latest research from the Chartered Management Institute which reveals that four in five...

Employers don't know if employees are carers

More than four in five employers admit they aren’t aware of which of their staff also act as carers when they’re not working. This is just one of the findings to emerge from the Jelf Employee Benefits Survey 2017  ...

Stress is unlikely to be a disabilty

The EAT holds that 'unhappiness with a decision or a colleague, a tendency to nurse grievances, or a refusal to compromise (if these or similar findings are made by an Employment Tribunal) are not of themselves mental impairments: they may simply reflect...

Talk Oxfordshire with guests Sasha and Alison Hargreaves

Join Beverley Sunderland and her guests Sasha and Alison Hargreaves​​​ on this week's show, as they look at the business world from the point of view of a mother and daughter and consider the views and concerns that they have about...

The way in which a redundancy process is conducted can affect the fairness of the dismissal

In Thomas v BNP Paribas Read Estate Advisory and Property Management UK a high-level reorganisation has highlighted how the manner in which a redundancy process is completed can affect the fairness of a resultant dismissal. Mr Thomas (C) had been...

Claimants who do not properly particularise their complaints risk costs

Liddington v 2Gether NHS Foundation Trust  will serve as a word of caution to some Claimants, but perhaps also as a reassurance to  employers. The EAT has upheld an order made for costs against a litigant in person. Whilst generally, a Tribunal...

Talk Oxfordshire on location with guest Eve Johnson Houghton

Join Beverley Sunderland on location with Eve Johnson Houghton, learning about her Oxfordshire business training horses. ...

Talk Oxfordshire with guests Debbie Miles and Katie Aldridge

Join Beverley Sunderland and her guests Debbie Miles and Katie Aldridge​​ on this week's show, as they talk about effective networking, what does it really mean, have workplace appraisals had their day, writing a testimonial, what should it...

Does a worker have to request a statutory rest break?

In Grange v Abellio London Limited the EAT confirms that it is the employer's obligation to ensure that workers take statutory rest breaks, it is not necessary for the worker to ask for a break before the Working Time Regulations are breached. This...

Talk Oxfordshire with guest Anthony Stiff

Join Beverley Sunderland and guest Anthony Stiff​​ on this week's show, which was filmed on location at Milton Park to discuss Anthony Stiff Associates, landscape architects. ...

Uber, employment status and the gig economy

As the London Employment Tribunal finds that Uber drivers are 'workers' and so entitled to paid holiday, minimum wage and other rights, what is the 'gig' economy and what is its future? The starting point is that the Uber case did not say...

Talk Oxfordshire with guests Jeremy Holt and Arabella Christian

Join Beverley Sunderland and her guests Jeremy Holt and Arabella Christian​​ on this week's show, as they talk about sexual harassment in the workplace, why people change jobs, how useful LinkedIn actually is, and whether men and women happy...

Talk Oxfordshire with guests with Julie Deadman and Jeremy Holt

Join Beverley Sunderland and her guests Julie Deadman and Jeremy Holt​​ on this week's show, as they talk about what you should be paying workers when they are on holiday and whether there are glass ceilings for women in business or whether...

Talk Oxfordshire with guests with Delia Zanatta and Teresa Fox October 2016

Join Beverley Sunderland and her guests Delia Zanatta & Teresa Fox​​ on this week's show, as they talk about working flexibly and whether you trust your employees, giving notice at the start of employment, dress codes and the happiness of...

Court of Appeal rejects British Gas appeal in holiday pay claims

Holiday Pay Must Include Results Based Commission Says Court of Appeal In the long running litigation relating to what should and should not be paid to a worker when they are on holiday, British Gas went to the Court of Appeal to argue that this should...

New ability for judicial assessments by Employment Judges

President of the Employment Tribunals in England and Wales Issues Protocol on Confidential Judicial Assessments The President of the Employment Tribunals in England and Wales has issued guidance on a formal process for an Employment Judge to make a...

Tribunal Can Decide if Employee Had Mental Capacity to Enter into Settlement Agreement

A Tribunal Can Set Aside a Settlement Agreement Due to Lack Of Mental Capacity The EAT has held in  Glasgow City Council v Dahhan that the employment tribunal has jurisdiction to set aside a settlement agreement on the ground that it is invalid...

Talk Oxfordshire with guests with James Nathan and Alison Hargreaves

Join Beverley Sunderland and her guests James Nathan and Alison Hargreaves​ on this week's show, as they talk about what can we learn from the gold medal winning women's hockey team, what can we learn from Mary Berry's decision to stay...

Talk Oxfordshire with guests with Lisa Whiteside and Alison Hesketh

Join Beverley Sunderland and her guests Lisa Whiteside and Alison Hesketh​ on this week's show, as they talk about dressing for success, care of the elderly being a large risk to business and the things in our own minds that can be corrosive and...

Talk Oxfordshire with guests with Jackie Maguire and Nic Tinsley

Join Beverley Sunderland and her guests Lis Allen and Lorna Kennard on this week's show, as they talk about difficult conversations, whether small is still beautiful in the business world, pregnancy discrimination and snooping on employees. ...

Compensation For Shared Parental Leave Policy Discrimination

Employer Accepted That Shared Parental Leave Policy Discriminated Against Men In Snell v Network Rail Infrastructure Limited  Mr Snell argued that Network Rail's policy on shared parental leave and pay directly discriminated against men on...

Talk Oxfordshire with guests with Lis Allen and Lorna Kennard

Join Beverley Sunderland and her guests Lis Allen and Lorna Kennard on this week's show, as they talk about attractive personality traits that will help you to get a job, how to progress in business and are we our own worst enemies, how to make your team...

Easyjet Failed to Provide For Breastfeeding Mothers

Easyjet's Revised Policy on Breastfeeding Mothers Was Not Enough EasyJet employees have brought a claim in Bristol Employment Tribunal for its failure to provide them with flexible working hours to breastfeed their children, which had meant that...

Talk Oxfordshire with guests with Jeremy Holt and Mary Thomas

Join Beverley Sunderland and her guests Jeremy Holt and Mary Thomas on this week's show, as they talk about advice that has really helped to set you up in business, mistakes that businesses and individuals make on linkedin, why start ups fail to start up...

Talk Oxfordshire with guests with Rachael Wall and Gina Balarin

Join Beverley Sunderland and her guests Rachael Wall and Gina Balarin on this week's show, as they talk about nine ways to help your employees cope with change, ten ways to plan for happiness, health and safety and how far it goes and finally, whether we...

Talk Oxfordshire with guests with Diksha Chakravarti & Kevin Charles

Join Beverley Sunderland and her guests Diksha Chakravarti & Kevin Charles on this week's show, as they talk about stress at work, how it affects employees, what employers can do about it and some top tips on how to avoid it. ...

Talk Oxfordshire with guests with Julie Deadman & Derek Rodgers

Join Beverley Sunderland and her guests Julie Deadman & Derek Rodgers on this week's show, as they talk about whether you are defined by your job title, does stress shrink your brain, if you are an unsuccessful job applicant, is there a reason and...

EU Law Cannot Be Used By Serial Litigants for Claiming Compensation Only

EU law cannot be relied upon for abusive or fraudulent ends. This was the unsurprising finding reached by the ECJ in the case of Mr Katzer v R+V Allegemeine Versicherung AG, sending out a very clear deterrent message to any potential serial or opportunist...

Talk Oxfordshire with guests with Renee Watson & Nicola Winstone

Join Beverley Sunderland and her guests Renee Watson & Nicola Winstone on this week's show, as they talk about giving creative people a kick start, gamification, what it means and are HR departments losing out, resiliance at work - diet and lifestyle...