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A recent Employment Tribunal case involving a well-known High Street store has highlighted a problem that many employers may not have addressed regarding overtime pay. In Mr J Fitz v Holland and Barrett Retail Limited (HB), Mr Fitz successfully claimed that time he spent opening and closing the Holland &…

It is often said that the area of law which changes the most is employment law. Well, at the moment that certainly seems to be the case. Typically the month of April brings with it a raft of updates to current regulations and revisions to rates of statutory payments. If …

The Low Pay Commission (LPC) has recently published its report entitled 'Non-compliance and the enforcement of the National Minimum Wage' (NMW) in which it considers the most recent figures relating to non-compliance with NMW regulations whilst making conclusions and recommendations for the Government to improve compliance by employers. …

Recent statistics published by Fox & Partners show that there were more than 6,500 disability discrimination claims made in the Employment Tribunals in 2018. This represents a significant 37% increase in the number of disability discrimination claims from 2017. Indeed, the percentage increase in numbers is around eight times …

The so-called 'gig economy' is a term used to describe a labour market where workers are paid for each 'gig' or piece of work they do. They are engaged to work on self-employed, flexible terms, apparently with little commitment, which allow them to work when they want. Trade …

You may recall the Northern Irish case of Lee v Ashers Bakery Co Ltd last year where the Supreme Court found that the bakery did not discriminate against Mr Lee by refusing to bake him a cake with a slogan, which supported gay marriage. In Lee, it was found that …

We often advise employers in relation to employees who are on long-term sickness absence. The most common issue that arises is whether the employee’s illness amounts to a disability. But there are sometimes other issues hidden deep within the case that determine the advice that we give. For …

Staying with the topic of the gig economy, the Court of Appeal has given its widely anticipated judgment in the case of Uber BV v Aslam and others [2018]. A quick reminder of the background to this case: Uber presents itself as a software platform (an app) which is used …

In addition to making arrangements for legislation arising out of the Good Work Plan, employers should be thinking about a number of upcoming employment law changes in 2019. Employment Tribunals Most employers may not be aware that the Employment Tribunal has the power to impose a penalty upon employers (in …

Many employers now apply drug and alcohol policies to their workforces. Misuse of drugs or alcohol at work can lead a number of serious issues including health and safety, absenteeism and poor performance. However, even where there is an established policy in place, it must still be applied in a …

The Government has recently published its Good Work Plan which, it says, presents the 'Government's vision for the future of the UK labour market'. The Good Work Plan primarily sets out the Government's response to the Taylor Review, a 2017 report on UK working practices. That report was …

In a hugely significant decision which will see many employers breathing a huge sigh of relief, the Court of Appeal has held that employees sleeping in at their employers’ premises while ‘on call’ are not entitled to be paid the National Minimum Wage for their entire shift. Based on the …

It is unlikely that the UK's decision to leave the EU will dramatically transform UK employment law, although we can expect some changes. What form those changes may take is unknown, as it will depend upon which party is in power following the EU exit. Jonathan Dale, head of …

To help businesses - large and small - prepare for a number of imminent changes to employment law, our head of employment law, Jonathan Dale, has highlighted five key areas that ought to be on an employer's radar. 1. Living and Minimum Wage From April this year, the Living Wage, which …

A growing number of companies are using self-employed workers to help fill gaps in the workforce and to cover different shift patterns. Whilst these workers offer a great degree of flexibility to suit the needs of the company, it is important not to blur the lines on self-employment. …