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Dec
11
2015

Santa Claus gets paid twice as much as Mrs Claus in equal pay row
#Employment

Celtic Manor Resort in South Wales has inadvertently become the focus of media attention following its decision to recruit a Mr and Mrs Claus for its “Christmas Kingdom” attraction. The job advertisements stated that Father Christmas would be paid £12 per hour whilst Mrs Claus will receive the national minimum wage of £6.70 per hour, nearly half the rate paid to Father Christmas....

Dec
11
2015

Lock holiday pay appeal heard this week
#Employment

This is an update to our detailed report on holiday pay in July- Where are we on holiday pay?...

Dec
04
2015

New guidance on disability
#Employment

ACAS has released updated guidance on managing disability in the workplace 'Disability discrimination: key points for the workplace’. ACAS say that last year they had nearly 12,000 calls to the their helpline related to disability issues and received almost 3,000 disability discrimination employment tribunal cases....

Dec
04
2015

TUPE: guidance on tasks of short-term duration
#Employment

If a client decides to outsource certain services for the first time, reassign those services to another contractor or bring those services back “in-house,” there may be a service provision change under TUPE. If however the activities performed relate to a one off event or task of short-term duration, TUPE will not apply....

Nov
27
2015

Early Conciliation not required before applying to amend an existing ET claim
#Employment

In the recent case of Science Warehouse Ltd v Mills (UKEAT/0224/15), the Employment Appeal Tribunal (EAT) held that it is not necessary for a claimant to go through the Early Conciliation process (“EC process”) again in respect of a new claim arising out of a related set of facts after the EC process has concluded and an ET1 presented to the Tribunal....

Nov
27
2015

Government's announcement on the Apprenticeship Levy
#Employment

Earlier this year the Government announced that it would be introducing an apprenticeship levy on large employers as part of its pledge to create 3 million quality apprenticeships over the next five years....

Nov
23
2015

Ex-City Link Directors cleared of criminal offence for failing to notify BIS of large-scale redundancies
#Employment

City Link was placed into administration on 24 December 2014, resulting in the loss of over 2000 jobs. Employers planning to dismiss between 20 and 99 staff or more staff at one location must notify BIS in writing 30 days in advance. Employers planning to dismiss 100 or more staff at one location must give BIS 45 days’ written notice. Failure to notify BIS in this way is a criminal offence, for which the maximum fine is currently £5,000....

Nov
23
2015

Who will pay for the National Living Wage?
#Employment

Earlier this month we blogged about the National Living Wage (“NLW”), which is expected to come into force in April 2016 for all workers aged 25 and above. Minimum hourly pay for those workers will increase from £6.70 to £7.20 and it’s envisaged that the NLW will increase over the coming years to reach a target of £9.00 per hour by 2020....

Nov
13
2015

Work social: dismissal for punch to face was fair despite only final warning for colleague's extremely violent threats
#Employment

The recent case of MBNA Ltd v Jones demonstrates that differential treatment of employees in misconduct situations will not necessarily amount to an unfair dismissal. ...

Nov
13
2015

Government clamp down on "off-payroll" workers
#Employment

We reported on the Government’s proposal to clamp down on false self employment last year. Since that announcement, the Ministry of Defence was, earlier this year, fined £1m for failing to seek assurance from a number of workers on their tax arrangements. The Department of Health was also fined £470,740 because two of its board members were off-payroll for over a year....

Nov
06
2015

Government drops key proposed changes to strike and picketing laws in Trade Union Bill
#Employment

On 15 July 2015, the government published the Trade Union Bill 2015-16 and published a Consultation on tackling intimidation of non-striking workers to seek views on proposed reform of the law relating to picketing and protests in order to address intimidation and so-called "leverage tactics" by unions....

Nov
06
2015

Cap on public sector exit payments at £95,000 to go ahead - but not for unfair dismissal
#Employment

The response this week to the public sector exit payments consultation indicates that powers to introduce the cap will be included in the Enterprise Bill, with the details to be dealt with in subsequent regulations....

Nov
06
2015

National Living Wage will cost large employers an extra £11m each by 2020
#Employment

As the implementation of the mandatory National Living Wage in April 2016 looms nearer, employers are starting to assess the financial costs of this. However, despite the direct increased costs of salaries within the workforce, a number of benefits for employers may also result....

Oct
30
2015

Supply chain transparency: Modern Slavery statements now in force, check your year end date.
#Employment

Section 54 of the Modern Slavery Act requiring commercial organisations, with a certain minimum turnover, to prepare a slavery and human trafficking statement for each financial year came into force yesterday, 29 October 2015....

Oct
30
2015

Bonuses to be included in Gender Pay Gap reporting
#Employment

David Cameron has announced this week that gender pay gap reporting will be extended to include the public sector and bonuses....

Oct
30
2015

David Cameron launches "blind CV" initiative
#Employment #Public Sector

The Prime Minister has announced this week that private and public sector employers have signed up to recruit graduates on a “name blind” basis....

Oct
23
2015

Cleaners facing disciplinary action after asking the Government to consider paying the Living Wage
#Employment

14 cleaners allege that they are being subjected to disciplinary action over a letter they sent to Philip Hammond (Secretary of State for Foreign and Commonwealth Affairs) asking to discuss the Living Wage....

Oct
23
2015

Guidance on zero-hours contracts
#Employment

Back in May, we reported that the provisions in the Small Business, Enterprise and Employment Act 2015 that make exclusivity clauses in zero-hours contracts unenforceable had come into force....

Oct
16
2015

Sleeping time when on call and living on site not subject to minimum wage
#Employment

The EAT has confirmed that an on-call night worker who lives at his place of work is only entitled to the National Minimum Wage for the time he is actually awake and carrying out his employment duties....

Oct
16
2015

Failure to give notice of redundancies can lead to unlimited criminal fines and disqualification from office
#Employment

It has been reported this week that the Chief Executive of Sports Direct, Dave Forsey, is to face criminal charges for the failure on the part of a company of which he was company secretary, to inform the Department for Business, Innovation and Skills (BIS) of proposed redundancies. The case serves as a timely reminder of how the mishandling of collective redundancies, typically in an insolvency situation, can land company directors/secretaries and company insolvency practitioners with criminal fines and disqualification from office....

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