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Managing Employee Sickness Absence
/in Uncategorised/by Meredith HurstEmployee sickness absence is something which nearly every employer, no matter what its size, may encounter at some point. It can become a serious problem for an organisation if not properly managed and it is essential that employers know what their legal rights and obligations when dealing with sickness absence. Two recent Court decisions have […]
HMRC consults on tackling false self-employment
/in Uncategorised/by Meredith HurstIn order to obtain the preferential tax treatment of being self employed, an agency worker will often set up their own limited company (often referred to as a ‘personal service company’). They are commonly the only employee of the company. By providing a service through a limited company an individual can avoid paying national insurance […]
TUPE: Single employee can amount to an organised grouping
/in Employment Law/by Meredith HurstIn Rynda (UK) Ltd v Rhijnsburger [2015], the Court of Appeal considered whether a single employee could amount to an ‘organised grouping of employees’ for the purposes of TUPE. TUPE applies to a ‘relevant transfer’. This can be either, a transfer of a business, or, a service provision change – i.e. outsourcing. In Rynda, a […]
Unfair dismissal and investigations
/in Employment Law, Employment Tribunal, Unfair Dismissal/by Julie GoodwayHow much investigation into misconduct allegations does an employer need to do? This was the question considered by the Court of Appeal in the recent case of Rajendra Shreshtha -v- Genesis Housing Association Limited. Background Mr Shreshtha was employed by the Housing Association as a support worker. As part of his role, he travelled by […]
Upcoming seminars / workshops in 2015
/in Uncategorised/by Meredith HurstDon’t miss out on our forthcoming seminars / workshops! 17 April 2015 – Seminar on New Family Friendly Rights and Average Holiday Pay End May 2015 – Workshop on Sickness / Disability issues in the workplace End September 2015 – Workshop on TUPE and Misconduct specifically tailored for companies in the transport sector End November […]
The perks of old age?
/in Equality Act 2010/by Meredith HurstCan the removal of perks amount to indirect age discrimination? If so, can it be justified? Solicitor Julie Goodway has the answers. According to the recent decision of the Employment Appeal Tribunal in the two claims against HCL Insurance BPO Services Limited, the answer to both questions is ‘yes’. Background Many of the staff at […]
Holiday Pay
/in Breach of Contract, Employment Law, Right to time off/by Neill ThomasEmployment law cases have recently been heard on the calculation of average holiday pay. These cases have changed the way employers calculate holiday pay because whereas previously, holiday pay was simply a matter of paying basic pay, the courts have now ruled that in addition to basic pay, certain overtime payments, commission, allowances and bonuses […]
Are the obese protected from disability discrimination?
/in Employment Legislation, Equality/by Meredith HurstThe Equality Act 2010 codified equality legislation affording protection to those with particular protected characteristics including race, sex, disability, sexual orientation and religion and belief. More recently, there has been a flurry of debate about another group where important protections do not automatically bite, namely the obese. Should an individual derive protection by reason of […]
THE NATIONAL MINIMUM WAGE – SOME MYTHS AND MISCONCEPTIONS
/in Uncategorised/by Meredith HurstThe National Minimum Wage has been in force for a number of years now. The current rate is £6.50 per hour (for workers older than 21). It has recently featured in the news, with the Labour Party promising to raise it if it gains office after next year’s general election. Prior to this the government […]