In NHS Leeds v Larner, the Court of Appeal has sought to ensure consistency in the approach of employment tribunals to the holiday pay rights of workers whose employment is terminated after extended periods of sick leave. A clerical officer…
An Employment Appeal Tribunal (EAT) decision clarifying the statutory definition of redundancy will be welcomed by business owners. The EAT confirmed that it is not necessary to have a reduction in the number of employees carrying out work of a…
The Court of Appeal has ruled that workers who have been on sick leave for more than a year are entitled to reclaim their holiday allowance in the next leave year, regardless of whether they have formally requested it. The…
Businesses with subsidiaries should be notified of the first reported case in which a parent company was found liable to an employee of its subsidiary on tort law principles. The Court of Appeal held that the parent company owed a…
HM Revenue and Customs (HMRC) have published new guidance intended to help personal service companies determine their correct employment status. HMRC will take a risk-based approach to consider how likely it is that they need to check whether IR35 applies…
In a recent case an employer dismissed a senior employee due to a breakdown in the working relationship with a payment in lieu of notice. It was then discovered that the employer could have dismissed the employee for gross misconduct.…
HM Revenue and Customs (HMRC) have accepted that smartphones supplied by employers are not computers and thus a 2006 statement of practice that these would be subject to the benefits in kind regime that applies to computers is not applicable.…
HM Revenue and Customs (HMRC) have published new guidance intended to help personal service companies determine their correct employment status. HMRC will take a risk-based approach to consider how likely it is that they need to check whether IR35 applies…
Under the Working Time Regulations 1998 (WTR), which implement the EC Working Time Directive into UK law, in certain circumstances an employer can deny workers their right to daily and weekly rest breaks and rest periods where their activities involve…
The Government has announced that it has accepted the recommendations of the Low Pay Commission on the rates for the National Minimum Wage (NMW) that will apply from 1 October 2012. The rates are as follows: The adult hourly rate…