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, UKEmpLaw

    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


  • Understanding Your Legal Rights When an Employee Leaves

    Tags: Notice, Garden Leave, Payment, Company Property, Training Costs, Restrictive Covenants, Exit, Resignation, Employer, Employee, Employment Law, UKEmpLaw

    When an employee leaves, the focus is often on their entitlements. But what are your rights as an employer and what practical steps can you take to ensure a smooth exit? 

    Giving Notice 

    When it comes to employees giving notice, there are several key areas to note. Employers do not have to ‘accept’ a resignation – it is a unilateral act. Equally, they do not have to accept a retraction of notice, unless it was given in the heat of the moment, or the employee was unwell.

    Employees must give at least a weeks’ notice once they have been employed for more than a month. However, longer notice is usually set out in the employment contract.

    If the employee starts work for someone else in their notice period, it is possible to obtain an injunction to prevent … more


Reviews and Ratings for solicitor Samira Cakali, Leeds