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Archives / 2014 / October
  • Actors put Employment Status in the Spotlight

    Tags: Employment Status, Employment Law, Workers, Employment Tribunal

    Employment status plays a central role in employment law as it determines the rights and protections available to individuals and can often have implications in relation to, for example, tax liability.

    In the last three years alone, the Court of Appeal and the Supreme Court have decided on the employment status of volunteers, lap dancers as well as Methodist Preachers.

    Given the complexities in this area of law, the Government's recent decision to review worker and employee status is welcome in many quarters. According to the Department for Business, Innovation and Skills (BIS) many individuals are currently unaware of their employment status and so consequently their employment rights.

    Many people could be ‘workers’ with employment contracts but consequently have fewer … more

  • Can an employee's "effective date of termination" be affected by their on-going appeal?

    Tags: Unfair Dismissal, Employment Law, Employment Tribunal, Effective Date of Termination

    The effective date of termination (EDT) is when an employee’s employment officially ends. It is crucial for establishing, amongst other things, whether they are within the time limit for bringing an Employment Tribunal (ET) claim. For example, unfair dismissal claims must be brought within 3 months of the effective date of termination.

    The Employment Rights Act 1996 defines an effective date of termination as either:

    the date on which the notice period expires (if either the employer or employee gave notice to terminate the employment); or

    the date on which that termination takes effect (if the employment terminates without notice)

    The Employment Appeal Tribunal (EAT) in the recent case of Rabess v London Fire and Emergency Planning Authority considered whether the … more

  • New Right to Shared Parental Leave

    Tags: Discrimination, Maternity Leave, Employment Law, Parental Leave, Employment Tribunal

    The new Shared Parental Leave (SPL) right is touted as the final piece in the Coalition's family friendly policy puzzle. This right which is due to come into force on 1 December will for the first time enable parents and adopters to share statutory leave and pay after the birth of their baby or after having adopted their child, providing they meet the eligibility criteria. The new system will be applicable to parents whose babies are due from 5 April 2015.

    For health and safety reasons, mothers will still be required to take two weeks compulsory maternity leave, but the remaining 50 weeks of leave and 37 weeks of pay can be shared between parents. They will have the choice of taking leave at the same time and/or in turns to care for their child. Although the employer cannot refuse leave … more

  • Issues arising for employers as winter draws near

    Tags: Employment Law, Employment Tribunal, Winter, Risk Assessments, Sickness Absence Policy

    This week we are considering some of the things often forgotten by employers which come along when the mercury drops. So then, some stark reminders of these aspects of being a good employer in the winter months.

    Seasonal Affective Disorder

    Summer is most definitely over, the days are getting shorter and employee’s faces possibly somewhat longer as a result. This means for some employees that ‘SAD’ is back. SAD as many will be aware is a form of depression that arises during the winter months when people are exposed to low levels of sunlight throughout the working day. The condition manifests via depression, fatigue, low motivation and possibly reduced self-esteem.

    So what can a concerned employer do to tackle this problem in the workplace? Simple really, let as much … more

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  • LEGAL UPDATE: Payslips

    Tags: Payslips, Employment Rights Act 1996

    Issuing payslips is normally a routine process and you may not give a lot of thought to the legislation behind it.  In fact, the law imposes strict obligations on employers regarding what must be displayed in the payslip.

    What right does the law provide?

    The law states that an employee has the right to a written itemised payslip by their employer on or before pay day.

    Do I need to give it to everyone at my organisation?

    This right is provided to all employees. It does not extend to workers, contractors or freelancers.

    What should it include?

    The payslip, which can be provided electronically or in printed form, must include the following information:

    • the gross amount of wages or salary;

    • the amounts of any variable and any relevant fixed deductions and the … more

    

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