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Employee dismissal - being aware matters

Naomi Greenwood

In a complex and ongoing case, the Court of Appeal reversed a ruling by the Employment Appeal Tribunal which had found that an employee could succeed in a claim for automatically unfair dismissed for whistleblowing even if the person making the decision to dismiss was unaware of the employee having blown the whistle.

It's the most wonderful time of the year...

Katherine Maxwell

Christmas can be a notoriously tricky time for employers, with numerous social events and of course the inevitable office Christmas party. How can you deal with these situations if something gets out of hand? What do you do about calculating employees’ holiday allowance for the festive period? Our guide will help you overcome these common pitfalls.

13 years of Back Holiday Pay for Window Salesman

Emma Edis

A window salesman has been awarded 13 years of unpaid holiday pay by the European Court of Justice in the King v The Sash Window Workshop case. 

Greater flexibility for workers around rest periods

Stephanie Bowen

A recent case (Marques da Rosa v Varzim Sol) means workers, especially those carrying out shift work, night work, or with irregular working patterns, could have greater flexibility around when they can take their rest breaks.

Uber loses a battle but the war continues

Naomi Greenwood

In our previous update, we advised you that the Employment Appeal Tribunal had held that Uber’s drivers are to be classed as workers. Since then Uber have said they will launch a further appeal.

Sexism in apprentices' pay structure?

Emma Edis

Male apprentices earn on average 8% more than their female colleagues according to the Young Women's Trust. 

Child bereavement allowance gains government support

Katherine Maxwell

Cross-party support has been given to proposed legislation that would automatically give grieving parents two weeks bereavement leave if they lose a child.

Should a part-time worker be paid 50% of a full-time salary?

Emma Edis

The Part Time Workers Regulations 2000 state that part-time workers cannot be treated less favourably than their full-time counterparts. In a recent appeal to the Employment Appeal Tribunal (EAT) (British Airways v Pinaud), the EAT considered whether a part-time worker working more than 50% of full-time hours, but only paid 50% of a full-time salary was suffering less favourable treatment?

Can you rely on previous incidents during a later disciplinary investigation?

Naomi Greenwood

Any employer knows any dismissal on the grounds of misconduct can only occur after a thorough investigation. It is not unusual for the former employee to claim that the investigation, and therefore their dismissal, was unfair. In turn, this has led to more and more thorough investigations being carried out.

Are you up-to-date with the rules and requirements of the new Apprenticeship levy?

Naomi Greenwood

In April 2017, the government introduced an apprenticeship levy; a tax on UK employers to support the funding of apprentices. Any private or public company with a total wage bill of more than £3 million is required to put 0.5% of their payroll into the levy. 

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