Employment and HR

  • A Guide to the Agency Workers Regulations

    The Agency Workers Regulations 2010 (AWR) came into force on 1 October 2011. They apply to those workers who are supplied by a temporary work agency to work temporarily for and under the supervision and direction of a hirer. All temporary agency workers...
  • Accrued Holiday whilst on long-term Sick Leave

    Accrued Holiday whilst on long-term Sick Leave – Use it or Lose it For a long time the UK was out of sync with the EU on a worker’s right, whilst on long term sickness absence, to carry over accrued but untaken annual leave entitlement...
  • Age Discrimination - Life After the Abolition of the Default Retirement Age

    Since the abolition of the Default Retirement Age (DRA), it is no longer permissible for an employer to dismiss an older worker on the ground of retirement unless this can be objectively justified under the Equality Act 2010 . This does not mean that...
  • Annual Statutory Payments Increase

    3.   INCREASE OF STATUTORY PAYMENTS In April each year, the Government increases statutory payments and limits. We set out below the relevant statutory payments and limits which apply from 6 April 2014:   The maximum compensation award...
  • Ban on Overseas Recruitment by Employment Agencies

    There was increasing concern by our Government that recruitment agencies/businesses were advertising positions abroad without first (or at all) affording workers in the UK the opportunity to apply for such positions. In response to that concern, the Conduct...
  • Dealing with Employee Absence

    Employee absences can be both costly and disruptive. It is advisable to have systems in place to measure and analyse these costs so that you can identify problem areas. Are there patterns of absence? Does a particular department have a below average record?...
  • Discrimination Questionnaires have been Abolished

    2.  DISCRIMINATION QUESTIONNAIRES HAVE BEEN ABOLISHED Discrimination questionnaires under the Equality Act 2010 have been abolished and replaced with ACAS guidance. The questionnaires were issued by employees (or former employees) to employers to...
  • Drug Policy - Recognising the Signs and What to Do

    Substance abuse amongst staff can affect all areas of employment, whether it be a decrease in productivity, increased absenteeism or the increased likelihood of accidents and injuries. The failure to identify and deal with a problem is an unnecessary risk...
  • Employment Allowance for National Insurance

    4.   EMPLOYMENT ALLOWANCE FOR NATIONAL INSURANCE From 6 April 2014, eligible employers, who pay Class 1 National Insurance Contributions (NICs) on their employees and directors’ earnings can reduce the amount of NICs they pay by up to...
  • Employment Tribunals can fine Employers up to £5,000

    1.   EMPLOYMENT TRIBUNALS CAN FINE ORGANISATIONS UP TO £5,000 Tribunals now have discretionary powers to issue financial penalties of up to £5,000 against employers who lose claims and where “aggravating features” are...
  • Failing to Prevent Bribery - Are You at Risk?

    The Bribery Act 2010 came into force on 1 July 2011. It created a new offence which can be committed by a commercial organisation if it fails to prevent persons associated with it from committing bribery on its behalf. A business can provide a defence by...
  • False Claims on a CV - What to Do

    According to research by the Risk Advisory Group, more than half of CVs submitted by job applicants contain lies or inaccuracies. These range from gaps in employment history to false claims regarding qualifications and failure to mention fraud committed...
  • Focus On... ACAS Early Conciliation

    1. FOCUS ON… ACAS EARLY CONCILIATION ACAS Early Conciliation became compulsory on 6 May 2014. Employees or former employees must now contact ACAS prior to issuing most claims at an Employment Tribunal. Due to the introduction of fees (which...
  • Gabb and Co Offers for January and February

    Gabb and Co Offers for January and February   (i)         Unforeseeable Absence Policy Whilst parts of the UK saw snow last week, we were fortunate enough in Abergavenny to have missed the forecast...
  • Gabb and Co Offers for March and April 2015

    Review of your Employment Documentation   As can quite often be the case, “out of sight, out of mind” and so I thought it would be useful to draw your attention to the issue of your employment documentation. This month we are...
  • HOLIDAY PAY SHOULD INCLUDE COMMISSION PAYMENTS

    HOLIDAY PAY SHOULD INCLUDE COMMISSION PAYMENTS   In the recent case of ZJR Lock v British Gas Trading Ltd and Other s, the European Court of Justice decided what holiday pay should include in cases where a worker’s salary is made up of fixed...
  • Health and Safety - Working With Display Screen Equipment

    Many workers spend a large part of their day looking at a computer screen, laptop or touch screen. The Health and Safety (Display Screen Equipment) Regulations 1992 specifically deal with the health and safety issues associated with regularly working with...
  • Holiday Pay - Again!

    HOLIDAY PAY – AGAIN! Due our previous update on the evolution of the law regarding overtime and holiday pay, you will no doubt be familiar with the ongoing holiday pay saga. The most recent update came from Northern Ireland where the Court of...
  • Holiday Pay and Overtime

    HOLIDAY PAY AND OVERTIME A recent Employment Appeal Tribunal (“EAT”) decision has confirmed that certain overtime and allowance payments should be included when calculating a worker’s normal weekly pay for holiday pay purposes. The...
  • How do you calculate holiday pay when workers change their hours?

    How do you calculate holiday pay when workers change their hours? In the case of  Greenfield v The Care Bureau Limited , the Employment Tribunal (ET) requested a preliminary ruling from the Court of Justice of the European Union (CJEU) on the...
  • Informing and Consulting Employees

    The EU Information and Consultation Directive 2002 established minimum requirements for companies with more than 50 employees for consulting and informing them on a wide variety of subjects. The Directive does not apply to those businesses with fewer than 50...
  • LABOUR PARTY PLANS FOR EMPLOYMENT TRIBUNALS

    LABOUR PARTY PLANS FOR EMPLOYMENT TRIBUNALS   The shadow business secretary, Chuka Umunna recently announced that if the Labour party succeeds at the next general election, the Labour government would overhaul the employment tribunal system and...
  • NATIONAL MINIMUM WAGE ENFORCEMENT

     NATIONAL MINIMUM WAGE ENFORCEMENT   Following the toughening of the rules relating to the enforcement of the National Minimum Wage Regulations in October 2013, the government has published a list naming and shaming employers that have failed...
  • Obesity a Disablity

    Karsten Kaltoft was employed by Billund Local Authority a child minder.  He had worked for the Local Authority for approximately 15 years before he was dismissed.  Mr Kaltoft claimed that he was dismissed because he was overweight however the local...
  • PRA Firms and Bonus Clawback Provisions

    By way of explanation, A PRA approved firm is one that is regulated by The Prudential Regulation Authority (“the PRA”).  The PRA is part of the Bank of England and essentially regulates, supervises and sets standards for financial...
  • Settlement Agreements Guide

    Following changes made by the Enterprise and Regulatory Reform Act 2013 , compromise agreements were renamed ‘settlement agreements’ and new provisions (Section 111A) were inserted into the Employment Rights Act 1996 (ERA) making settlement...
  • Shared Grandparental Leave

    SHARED GRANDPARENTAL LEAVE – THE NEXT COG IN THE ALREADY COMPLEX SHARED PARENTAL LEAVE WHEEL   Last year saw a surge in the Government’s family friendly and flexible working policies, the biggest of which was the introduction of Shared...
  • Shared Parental Leave

    EMPLOYMENT LAW NEWSLETTER – SEPTEMBER 2014 This month we focus on the introduction of Shared Parental Leave. We also discuss other hot topics in employment and HR law at the moment that will affect you including the ongoing government consultation...
  • The Corporate Manslaughter Act

    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...
  • The Equality Act 2010 - A Guide for Employers

    The Equality Act 2010 replaced nine major pieces of discrimination legislation and other ancillary measures introduced over the last forty years. The core provisions of the Act came into force on 1 October 2010. As well as harmonising existing...
  • Travel Time Pay

    FOCUS ON…TRAVEL TIME PAY – THE CASE WITH THE CATCHIEST NAME IN 2015! If you employ or plan to employ workers in the European Union who have no habitual or fixed place of work, you should be aware of a recent ruling of the European Court of...
  • WHAT DO THE DEDUCTION FROM WAGES (LIMITATION) REGULATIONS 2014 SAY?

    Following the decision in Bear Scotland, the Regulations were introduced to impose a two year backstop period on most unlawful deduction from wages claims, including (but not limited to) claims for holiday pay.  For the sake of clarity,...
  • Workplace Stress - An Employer's Duties

    The Chartered Institute of Personnel and Development (CIPD) has published the findings of its fifteenth absence management survey, carried out in partnership with Simplyhealth. This provides useful benchmarking data for organisations on absence levels and...
  • Written Statement of Employment Particulars

    A contract of employment may be verbal but all employees, whether part-time or full-time, are entitled by law to be given a written statement setting out the main particulars of their employment, provided their employment lasts for one month or more. All the...
  • Zero Hours Contracts Consultation

    ZERO HOURS CONTRACTS CONSULTATION: CLOSING LOOPHOLES   After deciding not to ban the use of zero hours contracts altogether, the government is holding a further consultation regarding its proposal to ban zero hours contracts that seek to prevent...

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