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.

  • 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

  • 5 Things You Need to Know About UK Bank Holidays

    Tags: Religion and Belief, Religion and Belief, Holiday, Holiday, Holiday, Holiday, Bank Holidays, Bank Holidays, Statutory Rights, Statutory Rights

    With the Easter bank holidays just around the corner, many are busy making plans with family and friends to celebrate the occasion. However, are you clear as to your rights regarding bank holidays? Does your employer have to give you Easter off work? What if you are Christian and the holiday is important to you? In this article we look at 5 things you should know about employment law and bank holidays.

    1. What is your statutory right?

    There is no statutory right for employees to take bank holidays off work. Your right to take bank holidays will entirely depend on your contract of employment.

    2. Are you entitled to additional pay?

    Where an employee must work on a bank holiday, there is no statutory provision to give them the right to extra pay. Again, the right to be paid extra for … more

  • Our top 8 tips to prepare for the GDPR

    Tags: GDPR

    If you run a business, the GDPR will probably be on your radar by now. Although preparing for the new rules may seem like a daunting task, it doesn’t have to be. 

    When it’s introduced on 25 May 2018, the GDPR will apply to all UK businesses that handle personal data. As a result, every organisation that collects, processes or stores personal data should be taking steps now to ensure it can achieve compliance. 

    Here are our top 8 practical tips to get ready for the GDPR

    1 - Understand your data

    The GDPR requires you to give more information to individuals explaining how their data is used – you can only do this if you understand the reason why you collected and hold it in the first place

    2 - Legitimate interest

    If you rely on ‘legitimate interest& … more

  • LEGAL UPDATE: Recent case law on unfair dismissal

    Tags: Unfair Dismissal, Case Law, Employment Appeal Tribunal

    The Supreme Court has unanimously dismissed an appeal brought by a head teacher who was sacked after she failed to disclose her friendship with a convicted sex offender to a local authority.

    In Reilly v Sandwell Metropolitan Borough Council [2018] UKSC 16 Ms Reilly was the former head teacher of a primary school which was, at the relevant time, maintained by Sandwell.

    Approximately ten years before she became the head teacher of the school, she met a man, Mr Selwood, who became her close friend. They were not, however, in a sexual or romantic relationship. Although Ms Reilly was aware of Mr Selwood’s conviction, she decided not to disclose it to the governing body of the school. 

    In June 2010 Sandwell learnt of Mr Selwood’s conviction, and of Ms Reilly’s … more

  • Rest Breaks at Work

    Tags: Case law, Working Time Regulations 1998, Rest Breaks, Special Cases

    The Working Time Regulations 1998 state that a worker is entitled to an uninterrupted break of 20 minutes when daily working time is more than six hours. 

    A rest break is a period of at least 20 minutes which the worker is entitled to spend away from their workstation, if they have one.

    Workers falling within a number of "special cases" under regulation 21 of the WTR, including those working in rail transport whose "activities are linked to transport timetables and to ensuring the continuity and regularity of traffic" are excluded from entitlement to a rest break under regulation 12(1). However, in such cases, regulation 24 provides that “his employer shall wherever possible allow him to take an equivalent period of compensatory rest”.

    In Crawford -v- Network Rail … more

  • How will GDPR impact your recruitment process?

    Tags: GDPR, Recruitment Process

    The General Data Protection Regulations (“GDPR”) is a new set of European regulations that will overhaul existing Data Protection laws and come into force on 25th May 2018. 

    The regulations are going to have far reaching consequences for how business look after their personal data, and to enforce these new regulations GDPR will also allow for significant fines for companies who breach these new rules.

    Recruiters especially should make sure that they are transparent when processing candidate data during hiring. They should also ensure candidates can exercise their rights under GDPR.

    When sourcing CVs

    When asking candidates to send in CVs, you’re asking for personal information. Whether this is via a job board, an employment website, or directly via an email, … more

    

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