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How much holiday pay should a part-year worker get?

How much holiday pay should a part-year worker get?
A common formula for calculating pro-rata holiday pay has been ruled as incorrect by the Court of Appeal, meaning that employers must review their methods and contracts. UNISON intervened in the case, which has wide-ranging impact on British businesses that employ part-year workers.The Court of Appeal last week ruled that a teacher's holiday pay ha...
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Supreme Court Case Sparks Changes to Competition Clauses

Supreme Court Case Sparks Changes to Competition Clauses
The Supreme Court has recently overturned century-old guidance on employee competition clauses when an employee's appeal was reversed after she initially argued that a clause's broad phrasing made the restrictions unenforceable. The case has sparked reviews of restrictive covenants within companies across the UK. What does this mean for employ...
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Further Promotions at Pinney Talfourd

Kim--Alex

Kim Huggins (Clinical Negligence solicitor) and Alex Pearce (Employment solicitor) have both been promoted to Senior Associate at Pinney Talfourd on 1st December 2017.

Kim and Alex were both recently recognised by Legal 500 UK 2017 as a “Next Generation Lawyer”.  Alex was described by the Legal 500 as “efficient, knowledgeable and communicative.” Kim was defined as a “first-class lawyer”. Both have been recognised for their dedication and outstanding results in their work to date.

Philip Cockram, Managing Partner, says “We are delighted to be able to recognise Kim and Alex’s contribution to the firm over the last few years. They have both proved themselves to be great assets to the firm and great advocates of our culture or service and expertise generally.  Congratulations to them both and we look forward to watching them continue to progress and assist in the development of the firm over the years to come”.

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758 Hits

What WILL The Election Mean For Employment Law?

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With the general election just over 2 weeks away, we have a brief look at the three main parties’ manifestos with regards to how they might impact employment law.

 

Conservatives 

  • National Living Wage to be increased to 60% of median earnings by 2020
  • Ensure people working in the 'gig' economy are properly protected
  • Listed companies to be requirement by law to nominate a director from the workforce
  • Introduce a right for employees to request information relating to the future direction of the company.

 

Labour

  • To end zero-hours contracts
  • Introduce four extra public holidays each year
  • Those in the public sector, maximum pay ratios of 20:1
  • Increase in minimum wage to at least £10 per hour by 2020
  • A ban on unpaid internships
  • Extend rights of employees to all workers
  • A guaranteed right for trade unions access to workplaces
  • End the public sector pay cap
  • Repeal the Trade Union Act
  • Enforce all workers' rights to trade union representation at work
  • Abolish employment tribunal fees
  • To provide all workers equal rights from day one, whether part-time or full-time, temporary or permanent
  • A presumption that a worker is an employee unless the employer can prove otherwise.

 

Liberal Democrats

  • An additional month's paid paternity leave
  • Stamp out abuse of zero-hours contracts
  • Encourage employers to promote employee ownership
  • 40% of board members being women in FTSE 350 companies.

 

Whoever wins the general election, it is clear that employment matters will continue to be a fast-paced and evolving area of law. The legal world can be a complicated place and disputes with employees can take up valuable management time and resources. They can prove expensive to resolve, and early advice is always the key. 

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Care Worker Pay Woes After Minimum Wage Ruling

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It has been ruled that care workers who are required to sleep in a client’s home are entitled to be paid the national minimum wage for all hours worked – including hours spent asleep.

The decision, made by the employment appeal tribunal will have significant consequences for the social care industry, as the costs of providing staff to clients will increase massively and there may be claims for backdating pay. Care agencies that refuse to pay up as part of the new ruling could see penalties and fines assigned to them over the next 12 months for failure to provide the NMW.

In the case that brought this issue to light, the care worker was employed by the charity Mencap to sleep at a client’s home in order to be readily available for them if required. She was paid a flat rate of £29.05 for the nine hours she was on shift during the night and received £6.70 an hour during daylight working hours. It is stated as part of the NMW regulations that all workers must receive national minimum wage as an average for ALL hours worked. The employment tribunal ruled that the care worker was indeed entitled to be paid an amount equivalent to national minimum wage for the whole period that she was at work – including the periods in which she was asleep.

From a legal perspective, regulations surrounding NMW and care staff are far from clear; the judge in this specific case commented that there is no deciding factor in these cases, and employers will need to look at several issues regarding national minimum wage for their staff to determine if their pay structure may be considered unlawful.

If you are an employer at a care agency and are looking for advice on where you stand regarding NMW and your staff members, it is advised to seek expert legal advice in the first instance.

 

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April 2017 Employment Law Update

April 2017 Employment Law Update
Employment law is a fast-changing area and as an employer, you must stay up to date with developments to ensure that you are acting lawfully.

NATIONAL MINIMUM WAGE AND NATIONAL LIVING WAGE ALIGNED

The review date for the national minimum wage has moved to 1 April 2017 instead of 1 October 2017. This means that the next round of changes to the national minimum wage and national living wage will take effect on 1 April 2017:

From this date:

  • the national living wage for workers aged 25 and over will increase to £7.50;
  • the national minimum wage for 21 to 24-year-olds will increase to £7.05 an hour;
  • the rate for 18 to 20-year-olds will rise to £5.60 an hour;
  • the rate for 16 and 17-year-olds will rise to £4.05 an hour;
  • the minimum hourly rate for apprentices will be £3.50 an hour; and
  • the accommodation offset limit will be £6.40 an hour.

Employers should check that workers and employees are being paid the correct amounts, particularly those who have recently had a birthday that will take them from one hourly rate to another, for example, someone who has just turned 18. There are penalties of a fine of up to £20,000 for getting the national minimum or living wage wrong, or it could mean losing an unlawful deduction from wages claim.

STATUTORY PAYMENTS

Statutory sick pay will be £89.35 per week from 6 April 2017. 

Statutory maternity pay, maternity allowance, statutory paternity pay, statutory adoption pay and shared parental leave pay will be £140.98 per week from 2 April 2017.

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Ban on The Burka Confirmed - Breaking News

Burka-1
Europe's top court has ruled that employers are entitled to ban workers from the ‘visible wearing of any political, philosophical or religious sign’ - including headscarves.

The case was heard by the European Court of Justice (ECJ), Europe’s to court after a Belgian court sought clarification on what is banned by EU anti-discrimination laws.

In the Belgian case, a receptionist working for G4S in Belgium was fired for wearing a headscarf to work. Samira Achbita claimed she was being discriminated against on the grounds of her religion.

The ECJ have stated that a ban must be based on internal company rules requiring all employees to "dress neutrally". It cannot be based on the wishes of a customer, it said. National courts must make sure this policy of neutrality had been applied equally to all employees.

It is the court's first decision on the issue of Islamic headscarves at work.

What does this mean for employees?

Employees want or feel obliged to wear certain items for religious reasons however sometimes these wishes conflict with an employer's dress code.

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929 Hits

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