The National Minimum Wage (NMW) does not apply to those who live in their employer`s family home, are treated as a member of the family and are not charged for food or accommodation....
The Department for Business, Innovation and Skills has recently announced that the publication of the government`s response to the Consultation on Modern Workplaces will be delayed. The have stated that "due to ongoing discussions within Government, there will be a delay in publishing the Government`s response to the Modern Workplaces Consultation. The Government response will be...
In the recent case of PC Harrington Contractors Limited v Tyroddy Construction Limited, the Technology and Construction Court (Mr Justice Akenhead) had to decide whether an Adjudicator`s decision was in breach of the rules of natural justice in failing to consider the defence to the claim for payment of retention or did the defence amount to a new dispute outside of the dispute referred....
With the Christmas season now upon us, what gifts can employers expect to receive from the Government in 2012 and beyond?...
The EAT held in Dunn v Insititute of Cemetry and Crematorium Management that where an employer treats a married person less favourably because of whom they are married to, this can amount to unlawful discrimination....
In cases involving whistleblowing and discrimination claims, a tribunal may make awards for injury to feelings and aggravated damages to the successful claimant. Aggravated damages are damages which are awarded in the most serious of cases where the behaviour of a respondent has aggravated the claimant`s injury. Case law suggests that aggravated damages can be awarded where the respondent h...
The Department of Work and Pensions (DWP) has confirmed that staging dates for small businesses (with fewer than 50 employees) will be delayed by at least a year....
The EAT in Dundee City Council v Sharp UKEATS/0009/11 has held that an employee`s length of service is not relevant to the reasonableness of an employer`s investigation in determining whether an employee should be dismissed for capability....
174 female ex-employees of Birmingham City Council have won a landmark Court of Appeal case, which ruled that their claims for equal pay could proceed in the High Court, despite being time barred in the Employment Tribunal....
Clarkslegal recently acted for the selling shareholders of Sonar Equipment Services (Holding Company) Limited in a multi-million pound disposal of the Sonar Equipment Services Group, which specialises in the supply of Geophysical, Oceanographic, ROV and Hydrographic marine survey equipment....
Public sector workers are planning to go on strike tomorrow (30 November), in response to planned pension reforms. This is likely to have an impact on your staff, particularly those with children. What do you need to be aware of?...
National rules (such as those in Germany) limiting carry-over of statutory holiday by workers on long-term sick leave, after the end of the relevant leave year, are lawful under the European Working Time Directive...
The Birmingham Employment Tribunal is being asked to rule whether vicar Reverend Sharp is entitled to bring an unfair dismissal claim against the Diocese of Worcester. After moving to the idyllic rural parish of Teme Valley South in January 2005, Reverend Sharpe alleges that he was subjected to a campaign of ‘intimidation from toxic parishioners’ which led to him developing stress-re...
A controversial ruling by an employment tribunal has seen more than 1000 former employees of Ethel Austin miss out on redundancy pay...
The Government has announced today proposals for radical employment law reforms. Some of the key proposals include:...
As reported in our previous blog, Scottish worker, Mark Lynch, sued his former employer for racial discrimiation and constructive unfair dismissal following alleged taunts about his Scottish nationality, including "sweaty sock"....
Last week, the Government published its sickness absence review report...
The Court of Appeal in Dean &Dean v Dionissou-Moussaoui has ruled that a tribunal should not necessarily award costs where "scandalous and vexatious" claims are withdrawn or struck out at a PHR on jurisdictional grounds if the claims are contested and the evidence has not been tested....
In the case of City of Edinburgh v Wilkinson, the Court of Session has held that claimants in an equal pay claim, who were employed in a variety of posts within the Council, including: schools, hostels and libraries, could utilise comparators working for the Council in different locations and posts....
In Copple & others v Littlewoods Plc & others the employer`s pension scheme had historically been closed to part- time employees...