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Important employment law changes in April

Important employment law changes in April
April is a busy month for both businesses and employment lawyers. There are a number of employment law changes HR Directors and employers need to prepare for. Employment Tribunal Compensation Limit Change The limit on the amount of compensation awarded by the Employment Tribunal for unfair dismissal will increase to £89,493. The upper limit which c...
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Understanding the changes to off payroll working: IR35 what the new rules mean

Understanding the changes to off payroll working: IR35 what the new rules mean
Off payroll working rules, commonly referred to as IR35, are changing from 6th April 2021, but what does this mean for you? What is IR35?The IR35 rules originally aimed to ensure that contractors doing work for companies, and the companies themselves, paid the correct level of tax. They also sought to restrict tax avoidance through "disguised emplo...
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Workers who “sleep-in” not entitled to national minimum wage for whole shift

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The Supreme Court recently handed down its judgment in the cases of Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersand and another (T/A Clifton House Residential Home) [2021] UKSC 8. In this landmark decision, the Court found that a worker is only entitled to the National Minimum Wage (NMW) for periods during a "sleep-in" shift when th...
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Supreme Court Uber judgment: A change for the gig economy?

Supreme Court Uber judgment: A change for the gig economy?
On Friday, 19 February 2021, the Supreme Court handed down its decision in Uber v Aslam, reaching the same conclusion as earlier courts that Uber drivers are 'workers'. The appeal concerned the employment status of private hire vehicle drivers who provide their services through the Uber smartphone application. The main question raised is whether an...
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Be careful what you post, it could get you fired!

Be careful what you post, it could get you fired!
After being dropped by Leicester's Curve Theatre from a stage performance of The Color Purple, actress Seyi Omooba (26), sued both her agents and the theatre for £128,000, claiming discrimination, harassment, and breach of contract. Ms Omooba, due to play the lead character Celie, who is portrayed as being in a same sex relationship, was dismissed ...
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Restrictive Covenants in Employment Law

Restrictive Covenants in Employment Law
The success of a business relies on certain information that is considered both invaluable and integral and, to protect the business, it is important to restrict the use of it when an employee leaves the company. A competitor might consider an ex-employee an attractive asset because of the knowledge that they have about your business. However, ther...
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Managing COVID-19 risks in the workplace

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Who should be working from home, and what should employers be doing to minimise transmission risk in the workplace? The COVID-19/Coronavirus pandemic has severely affected working practices through 2020. While the furlough scheme is wrapping up at the end of this month, it is clear that the national situation is still evolving – and so, therefore, ...
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mitigate risk work from home back to work Furlough COVID 19: Coronavirus Employment Law
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Chancellor announces new Jobs Support Scheme

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Following the Governments' tightening of restrictions following an increase in the number of COVID-19 infections, the Chancellor, Rishi Sunak has unveiled new measures which will replace the furlough scheme when it comes to an end on 31 October 2020. The furlough scheme was rolled out prevent a major rise in unemployment when the UK went into lockd...
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Coronavirus: furlough FAQ

Coronavirus: furlough FAQ
What you need to know about flexible furlough and extended furlough through September and October 2020 The Coronavirus Job Retention Scheme (JRS), more commonly called the furlough scheme, allows businesses to claim for 80% of their employees' wages if it puts them on furlough because of Covid-19. This money goes to the employees. The Government an...
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Redundancy and unfair dismissal claims advice for employees

Redundancy and unfair dismissal claims advice for employees
As the country continues to ease its way out of lockdown, businesses up and down the country are having to make difficult decisions regarding their businesses and staffing levels. In this article we look at the topics of redundancy and unfair dismissal. Redundancy Redundancy is a potentially fair reason to dismiss an employee. An employee is d...
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Coronavirus’ impact on Employment Law

Coronavirus’ impact on Employment Law
There can be no denying the effect that COVID-19 is having on all of our daily lives and the work which each of us does. The effect COVID-19 is unprecedented for both employers and employees. The Government has taken drastic action to limit the damage on employers and employees. We have a brief look at some of those steps below. Statutory Sick Pay ...
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Employment Law and Coronavirus – FAQs

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To assist employers and employees alike we have produced a list of FAQ's dealing with some of the most common questions which our Employment Team is being asked.Q. Can I furlough an employee who is already on long term sick? ​Furlough would usually apply only if the employee is fit for work.Q. If someone is within the 1.5 million vulnerable people ...
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Hiring for Growth; Free Employment Workshop

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Pinney Talfourd are delighted to be presenting at the Hiring for Growth Employment Workshop hosted by Brentwood Borough Council on 14 January 2020.​Whether you're taking on your first employee or expanding your existing team, our panel of speakers will show you how to grow your company by making smart recruitment decisions, developing cle...
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Employment Tribunal rules ethical veganism is philosophical belief

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An Employment Tribunal has ruled that ethical veganism constitutes a belief worthy of protection under the Equality Act 2010. A former employee claimed that he was unfairly dismissed was on the basis of discrimination and the court has agreed that ethical veganism can be considered under the protected characterist...
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The perils of the Christmas party season for employers

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​In the lead up to December and the party season, it can be easy to get carried away with the merry festivities. At this time of year, employers should take a moment to consider the potential employment law issues and go over existing company policies.Where ever the office Christmas party takes place, the location should always be considered an ext...
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Could my employee bring a clown to a meeting?

Could my employee bring a clown to a meeting?
When copy writer Josh Thompson was called to an ominous-sounding meeting in his New Zealand workplace, he guessed that the result would be redundancy. His firm's HR department encouraged him to arrange a companion to support him through the process. To the delight of the Internet, Thompson chose to hire a clown to accompany him.Thompson, who i...
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What you can learn from Thomas Cook redundancy process

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Travel giant Thomas Cook ceased trading last month, leaving thousands of staff facing redundancy.However, there have been accusations that Thomas Cook failed to follow the proper redundancy procedures and could face penalties as a result. But do you know the correct procedure?The 178-year-old business went into compulsory liquidation on 23 Sep...
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How Thomas Cook employees can seek compensation at Employment Tribunal

How Thomas Cook employees can seek compensation at Employment Tribunal
With the news of Thomas Cook's compulsory liquidation, there has been much focus on how holidaymakers can recoup losses but what about the employees? If you worked at Thomas Cook, you may be entitled to compensation by making a Protective Award Claim. The sun has set on beloved British travel group Thomas Cook and with it went the bright outlook fo...
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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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NDA update: Government announces new restrictions

NDA update: Government announces new restrictions
After a recent report, the Government has announced new legislation to target misuse of Non-Disclosure Agreements, especially those seeking to "cover up" harassment and discrimination in the workplace. Further to the Women and Equalities Committee's critical report last month on the 'cover-up' culture in some workplaces, the Government has proposed...
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