In Salmon v Castlebeck Care (Teesdale) Ltd and ors, the EAT has held that where an employee successfully appeals against dismissal under a contractual appeal procedure, the contract of employment is revived automatically, without need for the employer to make a specific decision that the employee should be reinstated. The EAT also held that the[…]
The EAT has recently clarified in McKinney v London Borough of Newham that where an employer takes a detrimental decision against an employee, allegedly on the ground that the employee has done a protected act under the Employment Rights Act 1996, the time limit for making a claim starts running on the date of the[…]
As we all try to assess the continuing impact of the Employment Tribunal fee regime – see the Hard Labour Blog for some excellent analysis of that – Acas have published the latest figures on their early conciliation scheme. Acas have always offered conciliation in Employment Tribunal cases and a very good service it is[…]
The EAT has given judgment in the joined cases of Bear Scotland Ltd and ors v Fulton and ors; Hertel (UK) Ltd v Woods and ors; Amec Group Ltd v Law and ors. Its decision confirms that all elements of a worker’s normal remuneration – including payments in respect of non-guaranteed overtime – must be[…]
Were actors working under a profit share agreement ‘workers’ for the purposes of employment legislation? Not necessarily, held the EAT on the facts in MacAlinden v Lazarov and others . Five actors were hired to appear in a play. They were recruited on an ‘actor’s contract’ which remunerated them by way of a profit share.[…]
Shared Parental Leave is a new right that will enable eligible mothers, fathers, partners and adopters to choose how to share time off work after their child is born or placed. This could mean that the mother or adopter shares some of the leave with her partner, perhaps returning to work for part of the[…]
Employers could be liable to pay pension contributions to employees that are found to have been unfairly dismissed and have lost out on pension rights as a result. However, in such cases, employers must also be aware of the types of tribunal guidance on which such calculations can be based, the Court of Appeal has[…]
1. National minimum wage reform The government is to propose to the Low Pay Commission that there should be a single national minimum wage rate for apprentices and 16-17 year olds, with the apprenticeship rate rising by just over £1 to match the rate for 16-17 year olds. 2. Employment status The government has launched[…]
National Minimum Wage: adult rate increases to £6.50; 18-20-year-old rate increases to £5.13; 16-17-year-old rate increases to £3.79; apprentice rate increases to £2.73. HMRC’s publicity surrounding the 2014 increases stresses that employers who fail to meet their obligations to pay the national minimum wage will face fines of up to £20,000 per employee. The Labour[…]
The Ministry of Justice has today published statistics on tribunal claims for the period April-June 2014. The figures show that the total number of single claims in the employment tribunal was down 70% on the same period last year. The Tribunals Statistics Quarterly also notes that the number of single claims received in April-June this[…]