The ‘Gig Economy’ has hit headlines again with a further Employment Tribunal decision on the employment status of those working within it. In October 2016 an Employment Tribunal ruled that drivers at the taxi company, Uber, were ‘workers’ rather than self-employed drivers. This was significant because workers are entitled to certain minimum employment rights that… Read more »
Christmas is coming and so too is the highlight of the office social calendar – the Christmas party. Whilst it may be the season to be jolly, festive highjinks can land you in receipt of a very much unwanted gift – your P45! So what are the ‘rules’ at the Christmas party? Many people wrongly… Read more »
Local Governments and NHS Trusts have seen their fair share of equal pay claims. Now the first of the large claims against private sector employers are starting to progress, and the cost implications for them could be very high. The basis of these, and other, equal pay claims claims is that the mainly female group… Read more »
The ‘Gig Economy’ has not been far from the news lately, with a number of cases due to be heard by the Employment Tribunal in the coming months. Perhaps the most well-known are those involving the UBER and Deliveroo drivers. But how important is employment status? There are 3 main types of employment status: Employee… Read more »
Is it discriminatory to pay men and women differently during periods of shared parental leave? That was the question before the Tribunal in Snell v Network Rail Infrastructure Ltd ETS/4100178/2016. In this case Mr Snell argued that his employer’s family friendly policy amounted to sex discrimination, as it provided for enhanced parental pay for mothers… Read more »
In Kratzer v R+V Allgemeine Versicherung AG the Court of Justice of the European Union ruled that the Equal Treatment Directive does not apply to job applicants who are purely seeking compensation. It will only apply where the applicant is also seeking recruitment and employment. Mr Kratzer had applied for a role as a graduate… Read more »
Employment Tribunal fees were introduced on 29 July 2013. It was intended that fees would: Transfer the cost of litigation away from the tax payer and to those who can afford to pay Encourage alternative forms of dispute resolution Maintain access to justice But what is the real impact of their introduction? The most notable… Read more »
On 4 May 2016 the controversial Trade Union Bill received Royal Assent and became the Trade Union Act, 2016. It is not yet known when it will come into effect. But what does this mean for Union’s and their members? The main provisions of the act are: That at least a 50% turnout of those… Read more »
Travel time between sites that is required for ‘the purpose of duties carried out by the worker’ may be classed as working time under the time work provisions. The failure to pay such workers for travel time could result in them being paid less than the national minimum wage per hour, resulting in an unlawful… Read more »
The Employment Appeal Tribunal has now confirmed that employers do not have to continue salary sacrifice schemes, such as childcare vouchers, during maternity leave. This case hinged on whether salary sacrifice schemes were classed as “remuneration” or non-pay benefits. Women cease to be entitled to the former during periods of maternity leave, but it would… Read more »
On 1 April 2016 the Government are due to introduce a mandatory national living wage for all workers aged 25 and above. It is part of their commitment to make work pay. There are currently no proposals to introduce a mandatory national living wage for those workers who are under 25. Some employers may already… Read more »
The Employment Appeal Tribunal has now confirmed that commission should be included when calculating an employee’s holiday pay. In British Gas Trading Limited v Mr Z J Lock & Secretary of State for Business, Innovation and Skills, British Gas had appealed against the decision that commission should be paid as part of holiday pay. However,… Read more »
