Inclusion of overtime in calculation of holiday pay has its limits
On 4 November 2014 the Employment Appeal Tribunal (EAT) caused quite a stir when it handed down its judgment in Bear Scotland v Fulton (and conjoined cases). In that case the key points of note were as...
View ArticleNew this October – changes to employment law
While the extended spell of warm weather appears to have delayed the Autumn the scheduled changes in employment law for October 1 will arrive on time. The Government likes to introduce employment law...
View ArticleNo loopholes please
In June 2014 the Government, after an extensive consultation, announced its intention to ban exclusivity clauses in zero hours contracts. In response to the consultation 83% had supported a ban on...
View ArticleFlexibility is changing
As of 30 June 2014 there will be changes in the way flexible working requests are to be handled. There will no longer be a statutory process to be followed. Having said that, many flexible working...
View ArticleEarly update on early conciliation
Since 6 May 2014, early conciliation has been a compulsory requirement for all workplace disputes heading to the employment tribunal. The stated aim of early conciliation is to try and resolve the...
View ArticleWhat impact has the introduction of fees in the Employment Tribunal had?
According to the recently issued statistics that compared the period October to December 2012 with October to December 2013 the impact of fees has been huge. The headline figure showed that there had...
View ArticleAny news on Government’s consultation on zero-hours contracts?
The short answer is not yet. However, Parliament’s Scottish Affairs Committee has published and interim report on zero-hours contracts. You would think they may be more concerned with the independence...
View ArticleIncrease in penalties for failure to pay the National Minimum Wage
The National Minimum Wage appears to be the flavour of the month. George Osborne has called for it to be increased, even though it is not his decision, and Vince Cable has announced increased...
View ArticleNew ACAS guidance for something that is not all new
The Government has been running a campaign to reduce the amount of “red-tape” that business has to deal with. There is no definition of “red tape” but the thrust of the campaign is to get rid of...
View ArticleUnfair dismissal and the range of reasonable responses
When an Employment Tribunal is assessing whether an employer has dismissed someone fairly they must not think what they would have done. Instead they should look at whether the employer’s decision to...
View ArticleImpact of fees for employment tribunal claims
Since 29 July 2013 claimants have had to pay a fee to submit their claim. The cost depends on the type of claim. A type A claim (e.g. for an unlawful deduction of wages) has an initial issue fee of...
View ArticleWhat can make an ill-health dismissal fair?
Employers are often nervous about dismissing employees because of long term sickness absence. The temptation can be there but the worry is that they may be seen to be kicking the employee while they...
View ArticleChange to ACAS Code of Practice
ACAS (the government’s Advisory, Conciliation and Arbitration Service) has announced that it is to amend its Code of Practice on Disciplinary and Grievance Procedures. They feel that the change should...
View ArticleZero hour contracts – what’s all the fuss about?
“Zero hours”, or “nil hours” or “casual” or “bank” contracts are colloquial terms for an employment contract under which the employee is not guaranteed work and is paid only for the work they actually...
View ArticleWith October comes a few changes
As the government was in a hurry to introduce changes to employment law in the summer we have had a lot to get used to; the introduction of fees to make a tribunal claim being the major change. Now we...
View ArticleA new deal: shares in exchange for rights
Usually with an act of Parliament the title gives a clue as to what it is about. That being so, there should be great excitement at the introduction of the Growth and Infrastructure Act 2013. If the...
View ArticleWhat the frack
In my formative years there was tremendous excitement about the development of North Sea: the first drop of “black gold” being pumped to land and our conversion to natural gas from the old dirty town...
View ArticleHow the introduction of fees are meant to work in practice:
How much is payable? From this Monday 29th July 2013, fees will officially be introduced into the employment tribunals. The fee will vary depending on whether it is a type A claim, such as unlawful...
View ArticleIntroduction of fees into the Employment Tribunals
On the 29th July 2013, fees are due to be introduced into the Employment Tribunals. This has been challenged however, in both Scotland and England. In Scotland a petition for judicial review has been...
View ArticleWhy were the bins not being collected in Brighton & Hove?
If you want to know the answer then you will need to read all the way to the end of this article. The situation all stems back to the often complex matter of equal pay claims, and in particular, a big...
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