Questions asked of job applicants at interview should be carefully considered in advance and formulated with the benefit of legal advice. In one case where that signally did not happen, a 67-year-old man who was turned down for a park…
The Corporate Manslaughter and Corporate Homicide Act 2007 established a new statutory offence of corporate manslaughter (corporate culpable homicide in Scotland). An organisation is guilty of the offence if the way in which it manages or organises its activities causes…
Workers are legally entitled to a minimum of 5.6 weeks' paid holiday per annum (28 days). However, what happens if an employee reduces the number of hours they work, part way through a holiday year? As an example, if an…
How should annual leave entitlement be calculated for a “casual” worker with irregular hours? The fact that the Working Time Regulations (WTR) 1998 entitles all workers to 5.6 weeks’ paid holiday complicates matters when dealing with workers who work irregular…
There are a number of ways in which the parties can attempt to resolve an employment dispute and reach a settlement, either before or after it becomes the subject of an Employment Tribunal claim: They may negotiate directly and enter…
For the purposes of this article we are assuming that an employee has an entitlement to 5.6 weeks holiday and although they receive overtime payments (at a rate of pay higher than their basic pay) for any work done outside of normal working…
We are often asked questions about how best to calculate the holiday entitlement of workers who do not work the “traditional” full-time working pattern of 5 days per week with set hours. In a series of forthcoming articles we will consider how…
Staff who are shifted between one employer and another have a right to work under the same terms and conditions as before – but what happens if such provisions become obsolete? A tribunal tackled that issue in a guideline case…
Every sensible business owner is aware that today’s trusted employee may become tomorrow’s competitor. However, as a High Court ruling showed, with the right legal advice and professionally drafted employment contracts, powerful steps can be taken to discourage disloyalty. The…
In Reading Borough Council v James, the Employment Appeal Tribunal (EAT) considered the temporal scope of a pay comparison in proceedings based on equal pay for work of equal value brought under the Equal Pay Act 1970. This, together with…
