Workers, employees and self-employed?

Overview Indicators of employment Indicators of a ’worker’ Indicators of self-employment OVERVIEW It is important to know if your staff member is an employee, a worker or genuinely self-employed because each category enjoy...

Whistleblowing and knowledge of the decision maker

Only the mind of the decision maker is relevant when determining an employer’s reasons for dismissing a whistleblower for the purpose of a claim for automatic unfair dismissal.

Whistleblowing 'in the public interest'

To base the test of whether a whistleblowing disclosure is ‘in the public interest’ purely on the numbers affected would be ‘too mechanistic’ says the Court of Appeal. The question of whether a disclosure is in the public interest depends on the character of the interest served by it, rather than simply on the numbers of people sharing that interest.

Wage growth expectations strengthen 'modestly'

Poor productivity growth is preventing employers from paying more, not their inability to find or retain staff according to CIPD research.

Voluntary redundancy - be careful what you promise

An employer who promised employees the right to apply for voluntary redundancy breached their contracts by instead making them compulsorily redundant.

Voluntary overtime and holiday pay

In the first binding authority to consider the issue, the EAT has held that entirely voluntary overtime counts as ‘normal remuneration’ for the purposes of calculating statutory holiday pay under reg. 13 of the Working Time Regulations (i.e. the 20 days’ leave provided for by the Working Time Directive).

Unpaid parental leave: widespread ignorance and the potential cost to parents

Over half (57%) of working parents could be spending up to £1,800 a year unnecessarily on childcare cover after our research found that a staggering 41% are unaware of their legal right to take unpaid parental leave to care for their children and a huge 75% admit to never having taken advantage of this entitlement.

Unite hails 'landmark' overtime tribunal win

The UK’s largest union, Unite, has called a recent tribunal ruling in favour of refuse workers whose holiday pay did not include overtime a ‘landmark’ decision.

Uber, employment status and the gig economy

As a 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?

Uber drivers are 'workers'

Drivers for Uber are ‘workers’ says the EAT. Dismissing Uber’s appeal, the EAT holds that the drivers worked for Uber as part of its business rather than there being any sort of agency relationship.

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:

Tribunal sets aside settlement agreement on grounds of mental capacity

Glasgow City Council v Dahhan

 

An employment tribunal can set aside a settlement agreement on the ground that it is invalid because the claimant did not have mental capacity at the time the agreement was concluded.

Tribunal refund scheme opens

A refund scheme for those who’ve paid employment tribunal fees has been launched.

Tribunal fees here to stay

Tribunal fees are here to remain - but with tinkering at the edges.

Tribunal fees and struck out claims

Tribunal claims which were struck out during the last four years because of non-payment of tribunal fees are to be reinstated.

Trans employees lack support

ACAS has published new guidance to help managers understand and reduce the chances of gender reassignment discrimination occurring at work.

Three-month rule on backdated holiday pay survives legal challenge

Fulton v Bear Scotland Ltd No. 2

 

The three-month rule which means that workers will lose the right to claim back pay for underpaid holidays where there has been three months or more between underpayments has been upheld on appeal.

Taylor Review recommends wide-ranging changes to employment law

Replacing the current ‘worker’ classification with a new concept of the ‘dependent contractor’ is one of the headline recommendations of Good Work: The Taylor Review of Modern Working Practices for dealing with the issues raised by the exponential growth of the gig economy.

Taxation of termination payments

A new tax treatment of payments made on termination of employment will come into effect from 6 April 2018.

Tax evasion: new corporate offence

A new criminal corporate offence of failing to prevent facilitation of tax evasion, which potentially imposes liability on employers as a result of their employees’ actions, comes into force on 30 September 2017.

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