Preventing Illegal Working – Revised Government Guidance for Employers

The law on preventing illegal working in the UK means that employers can be liable for civil penalties if they employ staff who do not have the right to work here.  Furthermore there are criminal liabilities if an employer knows or has reasonable cause to believe that they are employing an illegal worker. Employers can establish a statutory defence against liability for a civil penalty if…

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Gender Reassignment

ACAS has published new guidance for employers on gender reassignment discrimination. It gives a useful overview of the law, and best practice recommendations for employers.  It covers a range of issues such as how to support transitioning employees, and respecting gender identity at work.   The guidance can be found here: http://www.acas.org.uk/index.aspx?articleid=2064

Burden of Proof in Discrimination Claims

In the case of Efobi v. Royal Mail Group Ltd, the Employment Appeal Tribunal departed from accepted wisdom and practice, and held that claimants do not bear the initial burden of proof in discrimination claims.   Instead it is for the Tribunal to consider all of the evidence, from all sources, to decide whether there are facts from which it can…

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Time to check up on your Restrictive Covenants

At Julian Taylor Solicitors we have seen a recent upturn in employers seeking to enforce restrictive covenants to restrain the activities of departing employees.  This sort of clause, usually entered into as part of an employment contract, can be a vital way of protecting key business interests when staff move on, but the Courts can take a fairly tough line…

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Employment Tribunal Fees – Abolished

Fees were introduced in the Employment Tribunal on 29th July 2013. Claims were divided into two types: Type A (for example, claims for statutory redundancy payments, unlawful deductions from wages and breach of contract) and Type B (for example, unfair dismissal, discrimination and whistleblowing). For a single claimant, the issue fee for a Type A claim was £160 and the…

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On the Horizon – Paid Parental Bereavement Leave

The Parental Bereavement (Pay and Leave) Bill was introduced into Parliament last month  The bill is supported by the Government, and assuming it is passed, will entitle employed parents who have lost a child to have statutory paid leave to allow time to grieve.  We do not yet have details of the pay and period of leave envisaged, and should know more…

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Overtime and Holiday Pay

In Dudley Metropolitan Borough Council v. Willetts the Employment Appeal Tribunal has clarified that voluntary overtime, standby allowances and call out payments count towards statutory holiday pay if sufficiently regular.  Over the past few years there have been a number of high profile cases regarding the calculation of statutory holiday pay , and the extent to which employers should take…

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Employment Status

The Taylor Review into Modern Working Practices was published in July. The review examined new methods of working, particularly those associated with the so called gig economy. The review made numerous recommendations. In particular, it called for greater clarity to be provided on employment status. It argued that the current definition of worker (which is halfway between an employee and…

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Shared Parental Leave – The Pay Problem

It has been two years since the concept of shared parental leave was introduced into law but Courts and Employment Tribunals are still considering the way that it should operate in practice. The issue which is causing the most difficulty is shared parental pay. In particular, if an employer chooses to enhance maternity pay for female employees, is it an…

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