News @SCESolicitors: posted by Samira Cakali (formerly Ali) aka Legal Eye Sam

I try and bring all interesting case law and all changes in legislation to your attention in a simplistic form. I hope you enjoy reading my posts and please do leave your comments. If you would like to get our monthly newsletter please email me on samira.cakali@scesolicitors.co.uk. Please note that the information in these blogs is to provide information of general interest in a summary manner and should not be construed as individual legal advice. Readers should consult with us or other professional counsel before acting on the information contained here.

  • Update on ‘Gig Economy’ Case Law and Developments

    Tags: Employment Status, Gig economy, Temporary Positions, Freelance work, Short-term, Tribunal Cases, Statutory Employment Rights

    Welcome to the new modern work structure: the gig economy. Where temporary positions are prevalent, freelance work is the norm and organisations contract with individuals on a short-term basis. In this article we will explore the high-profile tribunal cases of 2017 which have kept the ‘gig economy’ making headline news. 

    Aslam and others v Uber BV and others 

    The tribunal found that the drivers were not ‘self-employed’ but ‘workers’. Uber presented its business as a technology platform which facilitates the connection of self-employed drivers with customers through the Uber app. On the facts, the tribunal disagreed with this and found that this did not reflect the practical reality. In the tribunal’s view, the drivers were working … more

  • LEGAL UPDATE: Failure to Provide Enhanced Share Parental Pay is NOT Sex Discrimination

    Tags: Maternity Leave, Equality Act 2010, Direct Sex Discrimination, Employment Tribunal, Employment Appeal Tribunal, Pregnancy, Shared Parental Leave, Shared Parental Pay, Paternity Leave

    The Employment Appeal Tribunal (“EAT”) has decided that failure to pay a male employee enhanced shared parental pay, in circumstances where it paid enhanced pay to women on maternity leave, was not direct sex discrimination.  

    In the case of Capita Customer Management Ltd v Ali, the EAT overturned the Employment Tribunal’s (“ET”) decision which had found sex discrimination on the basis that the claimant, who was planning to take shared parental leave, was entitled to compare himself with a woman taking maternity leave as they accepted that the main purpose of both types of leave was to care for the child. 

    In this case, female employees were entitled to maternity pay comprising 14 weeks’ basic pay followed by 25 weeks’ statutory … more

  • Consultations and Compulsory Redundancies

    Tags: Redundancy, Redundancy Pay, Redundancy Procedure, Redundancy Consultation, Redundancy Selection Process, Redundancies

    Following on from our article ‘How to avoid compulsory redundancies’ a few months ago, unfortunately there can be instances where a business simply has no alternative but to consider cutting staff to reduce costs.

    If that is the case then there are important rules that you must follow and if you fail to do so then any redundancies you may make could be unfair and you could be taken to a tribunal. You must identify which people you will make redundant and ensure you select people fairly.

    Consultation

    If you don’t consult employees in a redundancy situation any redundancies you make are likely to be unfair.

    If you plan to make fewer than 20 redundancies then there are no set rules relating to the length of the consultation process but it is good practice to … more

  • GDPR and data relating to former employees

    Tags: GDPR, employee data, Right of portability, Right to be forgotten, Right to erasure, Data subject access requests, Privacy notice

    The principles relevant to the retention of employee data under the General Data Protection Regulation (“GDPR”), which comes into effect on 25th May 2018, do not differ greatly from those under the current data protection regime.  

    Under both the GDPR and the Data Protection Act 1998, personal data must be kept for no longer than is necessary for the purposes for which it is processed. However, the GDPR requires employers to be more transparent about their retention policies and includes additional rights for employees and greater penalties for non-compliance. 

    Right of portability 

    Data subjects will have the right to request that their personal data be provided to them (or a third party) in a machine readable portable format free of charge. Employers … more

  • The Processes and Pitfalls of Dealing with Staff who are Taking Maternity Leave

    Tags: Redundancy, Maternity Leave, Statutory Maternity Pay, Keeping in Touch, Pregnancy

    With Samira on Maternity Leave from the end of today, we thought it was only fitting that our article this week covered this complex area of law. Family friendly rights, including leave and pay in relation to maternity are constantly evolving and growing as an area of employment law. In this article we aim to offer some clarity on this area and provide employers with some advice on the do’s and don’ts when dealing with staff taking maternity leave.  

    Processes  

    Ensure that you keep in touch with employees whilst they are away on maternity leave. 

    Line managers should agree with employees that are due to go off on maternity what “reasonable contact” would be appropriate before their leave starts. Once agreed, you can use this time … more

  • Legal Updates in March 2018

    There have been a number of legal updates in March 2018 and so we thought it would be ideal for you if we created one page that links them all together.

    Changes to Statutory Payments

    Termination Payments – What is changing on 6 April 2018?

    Fit for Work Assessments to End

    Recent case law on unfair dismissal

    more

  • LEGAL UPDATE: Changes to Statutory Payments

    Tags: statutory payments, Statutory Maternity Pay, Statutory Paternity Pay, Statutory Shared Parental Pay, Statutory Adoption Pay, SAP, Statutory Sick Pay, SSP, National Living Wage, NLW

    As we are approaching another tax year, the Department for Work and Pensions (“DWP”) has announced proposed revised amounts for various statutory payments from 1 April 2018. 

    Statutory Maternity Pay/Statutory Paternity Pay/Statutory Shared Parental Pay

     These are all currently £140.98 (or 90% of the employee’s average weekly earnings if this figure is less than the statutory rate). The weekly rate will increase to £145.18 with effect 1 April 2018. 

    To qualify, the employee must have average weekly earnings of at least:

    • £116, if the baby is due on or after 15 July 2018. 

    • £113, if the baby is due on or before 14 July 2018. 

    Statutory Adoption Pay (SAP)

    The weekly rate increases so that it is payable at … more

  • LEGAL UPDATE: Termination Payments – What is changing on 6 April 2018?

    Tags: Settlement Agreements, Tax, Payments in Lieu of Notice, PILON, Termination

    A new tax regime takes effect from 6 April 2018 in relation to payments in lieu of notice (PILON), alongside other significant changes to the taxation of termination payments. These changes reflect the Government’s stated intention to “tighten and clarify” the income tax treatment of termination payments. In this article we will look at exactly what is changing and how it will affect you.

    Current Rules

    Termination payments are extremely common today, often utilised by employers as leverage in settlement agreement negotiations. Currently certain payments made to employees as part of a termination payment are tax free up to £30,000. 

    So, why do the Government, and in particular HMRC, believe tighter regulation needs to be brought in? The answer relates to … more

  • LEGAL UPDATE: Fit for Work Assessments to End

    Tags: Disability, Fit for Work, Health, Sickness

    The Government announced in Improving lives: the future of work, health and disability that the Fit for Work assessment scheme is to end on 31 March 2018 following low referral rates.

    The Fit for Work referral service introduced in 2014 was set up to help employers manage sickness in the workplace and provided free access to occupational health professionals for people who are off work for four weeks or more. Once an employee reached, or was expected to reach, four weeks of sickness absence they could be referred to Fit for Work by their GP or their employer. However, the scheme has had poor take-up and after months of uncertainty over its future, the Government is set to pull the plug on the scheme at the end of the month.

    The abolishment of the Fit for Work scheme came after the … more

  • General Data Protection Regulation (GDPR)

    The General Data Protection Regulation (“GDPR”) comes into effect on 25th May 2018 and there are many implications for businesses.

    Talk to us about the how we can assist you to become compliant.  Our GDPR packages include (but are not restricted to) -  

    Data Protection Impact Assessment

    Data Protection Policy

    Privacy Notices

    Addenda to contracts with suppliers who become processors

    Subject Access Request policy and template letters

    Seminars and presentations; either one-to-one or one-to-many

    We have also written a variety of articles to assist your business to review and implement changes to ensure you are compliant.

     The GDPR and employment law

     How will GDPR impact your recruitment process?  

     Our top 8 tips … more

    

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