The Prime Minister’s ‘Business Taskforce’ of ‘six heavy-hitters from the UK business community’ has presented 30 recommendations for cutting EU ‘red tape’. The report makes recommendations in several areas, including employment law. Among other things, it proposes establishing a presumption that micro-enterprises will be exempt from new employment law proposals. The report states that the[…]
Zero Hours Employee Entitled to more than Token Sum to Compensate for Accrued but Untaken Holiday
LATEST NEWS Oct 03, 2013
News from IDS Brief – Token sum on termination for untaken holiday was not permissible In Podlasiak v Edinburgh Woollen Mill Limited an employment tribunal has held that the ECJ’s decision in Stringer and ors v Revenue and Customs Commissioners; Schultz-Hoff v Deutsche Rentenversicherung Bund (Brief 871) requires Reg 14 of the Working Time Regulations[…]
The Business Secretary Vince Cable has announced that the Government will launch a consultation on tackling abuse of zero-hour contracts, and will ask the Low Pay Commission (LPC) to consider how the national minimum wage (NMW) may be raised faster over the medium term. Zero-hours contracts (ZHC) The announcement of a consultation follows a BIS[…]
The government has produced guidance on employee shareholder status, which came into force yesterday (1st September 2013). https://www.gov.uk/employee-shareholders An interesting point is that the government states: “If an employee shareholder sells their shares, their employment status does not change. A change of employment status would require a change of employment contract to alter the employment[…]
The Government has now published a number of statutory instruments that make various changes to employment law, some of which were previously only available in draft form. A revised version of the EAT rules has also been published to reflect the introduction of fees and other changes to EAT procedure. Recent statutory instruments include: •[…]
The Court of Appeal in Shumba & others v Park Cakes Ltd confirmed that enhanced redundancy payments may become contractually binding through custom and practice. The Claimants, who had been subject to a TUPE transfer, were dismissed for redundancy. They claimed that they were unfairly dismissed and that they were entitled to enhanced redundancy pay[…]
Since the Coalition Government came to power in 2010, it has undertaken an intensive programme of employment law reform as part of its Parliament-long Employment Law Review and the employment-related aspects of its ‘Red Tape Challenge’. While we have already seen significant changes, such as the increase in the qualifying period for claiming unfair dismissal,[…]
In Neal v Freightliner Ltd an employment tribunal has held that a freight worker was entitled to have overtime payments and shift premia counted towards his holiday pay. The payments were intrinsically linked to the performance of the tasks he was required to carry out under his contract of employment. Consequently, they should be taken[…]
The Government has outlined a further raft of measures as part of its Parliament-long Review of Employment Law and the Red Tape Challenge. It has begun a call for evidence on current legislation on whistleblowing and published its responses to consultations on how early conciliation will work in practice and on changes to the rules[…]
The Government has published a consultation on proposals to strengthen and simplify the current civil penalty scheme, which is aimed at preventing illegal migrant working. Since 1997 employers have had a responsibility to check that their employees have the right to work in the United Kingdom and, since 2008, this has been underpinned by a[…]