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Annual holidays: employer’s rights v worker’s rights

Under the Working Time Regulations 1998 reg 15(1) a worker has the right to elect when he/she wants holidays by giving employer notice (unless the employment contract says otherwise, the notice given must be twice as long before the planned leave, as the length of planned annual leave itself).

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Coronavirus Job Retention Scheme: what does it mean for employers?

Coronavirus (COVID-19) has significantly impacted businesses in the UK, with whole industries - such as hospitality and travel - almost grounding to a halt, leaving many employers facing tough decisions when it comes to staff retention.

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How can I avoid making redundancies in the coronavirus crisis?

A recent People Management and CIPD survey revealed that a quarter of UK employers expect to make permanent redundancies in response to the coronavirus crisis. At the same time, more than half are predicted to furlough staff members.

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What are my rights to sick pay during the coronavirus (COVID-19) pandemic?

With the spread of coronavirus (COVID-19) in the UK, you might find yourself having to take time off work. During this time, it is important to know your rights to sick pay if you cannot work due to COVID-19.

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Coronavirus (COVID-19) and the implications for employment law

With the UK in lockdown, there’s no denying the impact this will have on businesses in the coming weeks and months. From sick pay to homeworking, for employees and employers, knowing your rights and obligations during this time is crucial.

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Constructive Dismissal

Dismissal from employment will normally be carried out by the employer. However, can an employee potentially treat the actions of an employer as amounting to a dismissal, resign and claim unfair dismissal?

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Calculation of holiday pay due to workers taking annual leave

Flowers v East of England Ambulance Trust is a recent English Court of Appeal case, concerning voluntary overtime and holiday pay and how this affects ambulance crews.

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Calculation of Holiday Pay for Workers

There has been much litigation in recent years regarding what pay is properly payable by employers to their workers when on holiday.  The current position is:-

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Constructive Dismissal

What is Constructive Dismissal?

An employee is entitled to pursue a claim for constructive dismissal if they resign from their employment as a direct result of a fundamental breach of contract by their employer. Such a breach of contract can occur in two main ways.

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What are my rights if bad weather affects how I get to work?

Hundreds of schools are closed and travel has been disrupted after wintry conditions have brought heavy snow and ice across the UK.

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Uber loses appeal as tribunal in the UK rules that it must treat its drivers as ‘workers’

Another important legal battle in the UK has been lost by Uber, after a London tribunal rejected its appeal against the verdict that it must treat all its drivers as ‘workers’. To do so would mean that all of Uber’s drivers in the UK would be entitled to minimum wage in addition to holiday pay, something which Uber, and the ‘gig economy’ as a whole is looking to avoid.

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Abolition of Employment Tribunal Fees

The introduction of Employment Tribunal fees in July 2013 was a highly controversial decision at the time. The Government and those in favour of the fees argued that the fees would help fund the system and would discourage vexatious and frivolous claims. Those against the fees argued that it would deter those with legitimate claims from pursuing them and so would prevent access to justice. They also argued that the fees were disproportionate.

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Gender Pay Gap Reporting

April has been a busy month in the employment world with a few material changes emerging from it, one being, employers of larger work forces (250 or more) being obliged to provide the Government with information regarding gender pay gap.

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Driver who Wins Unfair Dismissal Case Against Bus Firm, Faces Tax Bill

A Renton bus driver has won nearly £7000 in an unfair dismissal case brought against bus firm McColl’s travel, based in Dumbarton. As it has transpired, Steven Glover now faces a financial headache after the case has uncovered a tax black hole which has come around after years of incorrect salary deductions.

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Trade Union Act 2016

The much anticipated and highly controversial Trade Union Act 2016 came fully into force on 1st March 2017. Some of the provisions of the Act were already in place. During passage through Parliament, the initial Trade Union Bill was revised following intense criticism by opposing MPs, Peers and especially the Trade Union movement. The Government made a number of concessions such as abandoning its initial plan to have a ban on check-off in the public sector. The role of the Certification Officer (a type of Regulator for Trade Unions) was also revised.

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Employee, worker or self-employed? The Question is back in the courts

With the growth in the “gig economy”, more and more businesses are utilising innovative contractual arrangements to maintain their workforce. Big names like Uber and Deliveroo have been at the forefront of this development. In recent months though, persons working within the gig economy have been taking legal action with a view to enforcing employment rights for themselves and for their co-workers. Pimlico Plumbers v Smith represents the latest skirmish in this battle.

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Decrease in number of Employment Tribunals

There has been a 70% reduction in the number of employment cases which are brought to Tribunal.  This percentage is the same for multiple claims as for individual claims.  This trend is as a result of the requirement for fees to be paid in order for an individual to have their claim heard before an Employment Tribunal. 

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When is a resignation a resignation? Did Mark Warburton ‘resign’ from Rangers?

Once again, employment law is in the news  following the resignation of Mark Warburton from Rangers. There was initially some confusion regarding events, with Warburton and his team adamant they had not resigned from their position.

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Employment Status – when are you an employee or independent contractor?

Employment status is a subject that has been in the news recently following the much publicised decision in the case of Mr Yaseen Aslam and Mr James Farrar v UBER. In the UBER case, it was held that the individuals were workers and therefore were entitled to certain benefits. The Employment Judge was less than complimentary about the practices of UBER. That being said, UBER have announced that the decision is subject of appeal with a hearing likely to be fixed in the next few months.

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Employment Status – what the law says

Legal definition

Whether or not an individual is an “employee” is generally determined by reference to the contract under which he or she works.  The Employment Rights Act 1996 Section 230(1) defines an employee as:-

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