From April 2023, the statutory payments increase significantly. Please make sure you update your records and payroll. With effect from 1 April 2023, the National Minimum Wage (NMW) and National Living Wage (NLW) increased as follows: NLW for workers aged 23 and over increases from £9.50 to £10.42 per hour: NMW for 21 to 22 […]
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The Menopause at Work
The menopause, and the implications of it for both employers and their staff, is becoming quite a hot topic within Employment Law. Indeed, the impact can be so severe that in some instances, it could, potentially, amount to a disability within the Equality Act. As a result, employers need to be “live” to this, and […]
Construction Contracts – Payless Notice
Dispute 1: A building construction company (the contractor) had sub-contracted certain works to another building construction company (the sub-contractor). After practical completion of the works, the sub-contractor applied for payment of additional costs and expenses due to alleged variations of works, daytime works, delays of the works caused by the contractor. The contractor disputed those […]
Driver sacked for drinking in a social club whilst on sick leave was an unfair dismissal!
You may have seen the headline last week “visiting pub whilst off sick is not a sackable offence”. The case involved an employee who won his employment tribunal claim for unfair dismissal following his dismissal for drinking in a social club, whilst he was signed off sick. However, the reporting of the case did not […]
EU Settlement Scheme: Deadline looming and increased obligations for employers
To continue to live and work in the UK (post Brexit), EU nationals and their family members who arrived in the UK on or before 31 December 2020 must apply for “pre-settled” or “settled status” by 30 June 2021. This deadline is fast approaching. But what does this mean for employers and their EU national […]
Uber case – What does the Supreme Court’s decision mean for employers?
The Supreme Court handed down a unanimous judgment in February confirming that Uber drivers are “workers” and not self-employed. The implications for Uber drivers of this decision are that they will be entitled to claim back pay for holiday pay and national minimum wage spanning back at least 2 years. Claims for statutory payments such […]
Annual increases to payments and awards and other changes coming into force in 2021
Changes with effect from 6 April 2021: A statutory week’s capped pay (used, for example, to calculate statutory redundancy payments), increases from £538 to £544; The compensatory cap for unfair dismissal claims will increase from £88,519 to £89,493 (subject to the additional cap of 52 actual weeks’ pay if lower); The National Minimum/Living Wage rates […]
Is Long-COVID a “Disability” for the purposes of the Equality Act 2010?
One year on from the start of the pandemic, the scientists and medical professionals are beginning to understand the long-term effects of COVID. It has been reported that some individuals, who may only have had mild symptoms initially, have been left with symptoms such as breathlessness, fatigue, muscle pains, brain fog, chest pains, persistent coughs, […]
Regularly updating equality and diversity training – A reminder
Under the Equality Act 2010, where an employee is claiming that the employer is responsible (vicariously liable) for the discriminatory actions of another employee, an employer can use the “reasonable steps defence” where it can show it took all reasonable steps to prevent discrimination in the workplace. The usual evidence produced for this defence is: […]
Can an employer make an employee have the COVID vaccination?
With the devastating effects that COVID-19 has had on businesses, the economy and us all personally, the vaccination roll-out is the much-needed light at the end of the tunnel. One of the most prominent questions we are being asked is whether being vaccinated can be made mandatory in the workplace to protect staff and customers. […]