Clarkslegal LLP - Solicitors in Reading and London

Employment - Legal Updates

Search Legal Updates

Jul
17
2015

Sick employee can choose not to take holiday leave and postpone it, but not indefinitely.
#Employment

In relation to sickness and holiday leave, an issue which sometimes arises is whether an employee on sick leave has to demonstrate that he was unable by reason of illness to take holiday for it to be carried forward. Another question is whether there is an unlimited right to carry forward....

Jul
10
2015

National Living Wage - what are the implications?
#Employment

This week’s huge news is the announcement by the Chancellor of a new “National Living Wage” which will effectively replace the National Minimum Wage for workers over the age of 25....

Jul
10
2015

How much pay should be deducted from striking workers?
#Employment

If you have been one of the many commuters stuck this week because of the rail and tube strikes, you may be heartened to learn that in a recent case, the Court of Appeal took a robust approach on the issue of how much pay an employer can withhold from a salaried worker....

Jul
06
2015

Where are we on holiday pay?
#Employment

So, with the summer holiday season upon us, where are we now exactly on the issue of the calculation of holiday pay? Can employers move forward in implementing changes to how holiday pay is calculated in the knowledge that there is sufficient legal certainty on the issue?...

Jul
06
2015

Request for Information and Consultation Agreement from 28 employees fails
#Employment

The EAT has upheld a decision of the Central Arbitration Committee that for the purposes of the Information and Consultation of Employees Regulations 2004 (The ICE Regulations) an undertaking has to be a legal entity....

Jul
06
2015

Consultation on gender pay gap reporting
#Employment

The government has confirmed that a consultation will be launched in the coming weeks, with a view to making regulations under section 78 of the Equality Act 2010 (EqA 2010) to implement gender pay gap reporting....

Jun
26
2015

Employers continue to win battle in Geneva on right to strike
#Employment

Back in February of this year, we reported on the highly controversial issue of whether there is an internationally recognised legal standard guaranteeing a right to strike....

Jun
26
2015

When does the duty to consult arise in a collective redundancy?
#Employment

The issue of what is meant by “establishment” for the purpose of collective redundancy consultation having been dealt with recently by the European Court of Justice, the next vexed issue on collective consultation is at what point in the employer’s decision making processes does the obligation to consult arise?...

Jun
19
2015

"Nothing in principle" to prevent voluntary overtime being included in holiday pay
#Employment

A Northern Ireland appeal has been allowed on the decision in Patterson v Castlereagh NIIT/1793/13 after the employer’s legal representatives conceded that there is “nothing in principle” to prevent voluntary overtime being included in holiday pay....

Jun
18
2015

Non exclusivity meant GP was self employed, not a worker
#Employment

How relevant is it to worker/employee status that the individual in question works exclusively in that role for a single employer?...

Jun
18
2015

Can the client decide who transfers under TUPE?
#Employment

In Jakowlew v Saga Care, the client local authority issued an instruction to its contractor requiring it to remove the Claimant, a care worker, from the contract....

Jun
12
2015

Government announces review of its employment tribunal fees
#Employment

The government has announced a review of employment tribunal fees....

Jun
11
2015

'Vexatious' allegations of race dismissal can lead to fair dismissal
#Employment

‘Vexatious, malicious and frivolous’ allegations of race discrimination can lead to fair dismissal....

Jun
11
2015

Is it discriminatory to dismiss for offensive religious views?
#Employment

If one employee voices her religious views, and this causes upset or offence to another employee, would it be discriminatory to dismiss?...

Jun
11
2015

TUPE: Can a sub-contractors' employees transfer to the client when the work is taken back in-house?
#Employment

It is common for services to be contracted out to by a client a main contractor and then for that main contractor to then sub-contract some or all of the services to a sub-contractor....

Jun
11
2015

When does banning religious dress at work amount to religious discrimination?
#Employment

Can an employer insist that an employee does not wear specific religious dress for work? When would this be religious discrimination?...

Jun
04
2015

Inability to work on Saturdays leads to successful indirect discrimination claim
#Employment

A woman who observes Shabbat (the Jewish day of rest from sundown on Friday to sunset on Saturday) has won a claim of indirect discrimination on the grounds of her religion after she was refused employment....

Jun
04
2015

The correct way to calculate deductions following a strike
#Employment

If employees take strike action their pay is withheld for the time that they do not work. How should the amount of pay which is withheld be calculated?...

Jun
04
2015

Dismissal of Bus Driver seen using a mobile phone was fair
#Employment

It is illegal to drive whilst using a mobile phone, that is well known. However, if an employee is seen driving whilst using a mobile phone would that be grounds for a fair dismissal?...

May
29
2015

Zero-hours exclusivity clause ban and £20,000 national minimum wage fines in force
#Employment

Provisions in the Small Business, Enterprise and Employment Act 2015 (passed by the Coalition Government) that make exclusivity clauses in zero-hours contracts unenforceable came into force this week. Also now in force is the increase in the maximum financial penalty for underpayment of the national minimum wage to £20,000 per worker....

Page 26 of 78