Holiday pay on termination of employment
Holiday pay on termination of employment will be one of the elements when calculating an employee’s final salary. The following guide for employers sets out the rules on holiday pay when an employee leaves your organisation, helping to minimise the possibility of any errors or complaints. What are the rules on holiday pay on termination […]
Suitable alternative employment: HR help!
One aspect of the redundancy process that employers can find challenging in practice is the requirement to offer suitable alternative employment to employees at risk of being made redundant. An employer undergoing a redundancy exercise must offer suitable alternative employment to any employees who are at risk of redundancy if such a position is available […]
Termination of employment: how to dismiss?
By law, to fairly dismiss an employee you must show that you have a valid reason that you can justify and that you acted reasonably in all the circumstances. Under section 98 of the Employment Rights Act 1996 (the 1996 Act) there are various valid reasons for terminating employment. These include: Redundancy Conduct or Capability […]
Last in first out: fair redundancy?
When making redundancies, part of the requirements on employers is to ensure fair selection criteria are identified and used so as to avoid acting unfairly and unlawfully. The ‘last in first out’ method was once one of the most common ways of selecting employees for redundancy, but does it remain a valid and lawful way […]
Consumers Struggle to Get Refunds for Holiday Bookings
With flights, accommodation, tours and holiday plans disrupted due to the coronavirus pandemic, consumers are expressing increasing frustration as holiday companies appear to flout consumer protection laws by refusing to offer refunds. While some airlines, hotels and tour operators are approving refunds, albeit reluctantly, others are making it difficult to request refunds, with some refusing […]
Ventilator Manufacturers to be Protected from IP & PI Claims
UK manufacturers of ventilators being used to treat coronavirus patients are to be given specific legal protection in the event of any breaches of IP rules or personal injury claims, the Government has confirmed. Where new kit malfunctions, or is found to be defective or to infringe intellectual property rights, the Government has pledged to […]
Redundancy consultation period: HR advice
Specific processes and rules apply if your business is having to make employees redundant. These determine how you should consult with workers that may be affected and how long the redundancy consultation period needs to be. Get the process wrong, and as an employer, you could face costly tribunal claims for unfair dismissal. What is […]
Collective bargaining: employer guidance
The following guide examines the process of collective bargaining from an employer’s perspective, from the different types of collective bargaining and union recognition within the workplace, to how best to approach collective bargaining negotiations with a recognised trade union. What is collective bargaining? Collective bargaining is the official process by which representatives of trade unions […]
CPS Told to Downgrade “Less Serious” Cases
Prosecutors in England and Wales have been advised to take the current issues resulting from the COVID-19 crisis into account when deciding whether to press charges, under new guidance issued by the Crown Prosecution Service. The new guidelines state that serious cases should be prioritised and all options should be explored for less serious offences, […]
Overlooking is Not a Private Nuisance, Court of Appeal Rules
Loss of privacy as a result of overlooking by neighbours does not qualify as a form of nuisance, the Court of Appeal has ruled in a landmark judgment. The ruling confirms that, while noise, dust, noxious smells and vibrations inflicted by neighbours are among the types of nuisance offering legal protections to aggrieved parties, overlooking […]
ACAS shared parental leave: employer guide
Eligible employees are entitled to take time off work as shared parental leave (SPL). As an employer you will need to understand the statutory rights and responsibilities of your employees in relation to SPL and what this means for your business in practice when handling a request for SPL. Further, in accordance with best practice, […]
Mobility clause: advice for employers
Mobility clauses can be a blessing and a curse. If drafted carefully and with thought, they can assist an employer to maintain its workforce if the workplace has to change location and so provide certainty in this regard. However, if the wording is drafted too widely, is unreasonable or the employer fails to adequately consider […]
Working from home policy: HR guidelines
Permitting employees to work from home is by no means a new concept for many companies and organisations, but the number of employees working from home in consequence of the coronavirus outbreak is unprecedented. For employers where homeworking has not previously been used, or at least not on such a large scale, it has become […]
Consumer Rights: Faulty Goods under Warranty
If an item you have purchased develops a fault, should you rely on your legal rights or make a claim under the warranty? What is a warranty? A warranty is, in essence, an insurance policy for your purchase. It is in addition to your statutory legal rights. It may be provided by the retailer or […]
ID1 Form Land Registry (How to Complete it!)
The ID1 form is used to provide evidence of identity to the Land Registry for a private individual in respect of certain property-related applications. The ID1 form is required when making one of the following applications: a) a transfer of land or a transfer of a mortgage b) an amendment to a deed or […]
Employment case law update April 2020
A number of key employment law cases of significance for employers have recently been decided. Vicarious liability WM Morrisons Supermarkets plc v Various Claimants [2020] UKSC 12 and Barclays v Various Claimants [2020] UKSC 13 On 1 April 2020 the Supreme Court handed down two judgments in Barclays Bank Plc v Various Claimants [2020] UKSC […]
Statutory layoff pay: guide for employers
In the current climate, where the coronavirus crisis has forced the closure of many UK businesses, or resulted in a significant downturn in profits, employers may be looking to temporarily suspend workers’ employment. To avoid use of layoffs and redundancies, the Government has introduced the Coronavirus Job Retention Scheme, which reimburses employers employment costs such […]
Home working: employer guidance
Given the current work from home requirements due to the COVID-19 outbreak and the phased return to work post-lockdown, home working is expected to become more widely adopted. For employers, this means giving full consideration as to how home working will work on a longer term basis, and what this means in terms of assessing […]
MOTs Extended Due to Coronavirus
MOT expiry dates are being pushed back for some cars, motorcycles, light vans, lorries, buses and trailers in response to the COVID-19 outbreak. MOTs for cars, vans and motorcycles MOTs due on or after 30 March 2020 For cars, vans and motorcycles with MOTs due on or after 30 March 2020, the MOT expiry date […]
Compulsory redundancy: employer guidance
To ensure the survival of your business you may find yourself forced to make financial cuts, including reducing your payroll liabilities. Alternatively, your organisation may have undergone a complete restructure, or you may have invested in new technology, making certain roles obsolete. Whatever the business driver behind redundancy, employers must in all cases follow a […]