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 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.

  • Back to Basics: The Art of Interviewing

    Tags: HR, ukemplaw, EmploymentLaw, SpringClean, BacktoBasics, Interviewing

    As we enter September and move into ‘back to school’ month it is the perfect time of year for a bit of a #SpringClean. This month we will be continuing our ‘back to basics’ series which we began last year when we covered, holidays, the probation period and the employment contract. This week we are looking at interviewing.  

    You’re well versed in your job, but when charged with making a new hire, you may find yourself wondering where to begin. In a candidate driven job market, it’s important to take the interviewing process seriously in order to attract the right talent. We’ve put together some of our most valuable tips to help you conduct a great interview and land the perfect candidate.

    8 Quick Tips 

    • Look for non-verbal … more

  • Back to Basics: 3 Little-Known Policies that Need to Be in Your Employee Handbook

    Tags: Policies, HR, ukemplaw, EmploymentLaw, SpringClean, BacktoBasics, Handbook

    As we enter September and move into ‘back to school’ month it is the perfect time of year for a bit of a #SpringClean. This month we will be continuing our ‘back to basics’ series which we began last year when we covered, holidays, the probation period and the employment contract. This month we will cover another three topics, starting with the employee handbook. 

    In the past, you may have kept your handbook to a minimum for fear that employees wouldn’t read a novel-size document. You likely only included basic starter polices – code of conduct, anti-discrimination efforts and termination procedures. However, these policies may not be enough. To better protect your employees and business, it may be time to add a few new policies. Here are three … more

  • What "Positive Action" is Permitted Under Discrimination Legislation?

    Tags: Positive Action, Positive Discrimination, Equality Act 2010, Section 158, Section 159, Disadvantage, Disability, Characteristic, EmploymentLaw, ukemplaw

    A key difference between positive action and positive discrimination is that positive action is lawful, provided that the employer meets the conditions set out in section 158 or 159 of the Equality Act 2010, whereas positive discrimination, generally, is not lawful.  

    In the context of recruitment, unlawful positive discrimination would be where an employer recruits a person because he or she has a relevant protected characteristic rather than because he or she is the best candidate. It is also unlawful, for example, to set quotas to recruit or promote a specific number or proportion of people with a particular protected characteristic. However, there are circumstances in which it is lawful to require a job applicant to have a particular protected characteristic, for example … more

  • Seasonal Workers: Key Contractual Issues for Employers

    Tags: Seasonal Workers, Contractual Issues, Employment Status, Fixed-term, Pat-time, Casual workers, Agency workers, Young persons, EmploymentLaw, ukemplaw

    In sectors such as hospitality, tourism, retail and agriculture, seasonal peaks can bring an influx of work at certain times of the year. A common solution for employers in these sectors is to recruit additional employees during these periods. Below we set out the key contractual considerations for employers to bear in mind when hiring seasonal employees. 

    Fixed-term employees

    An individual recruited to cover seasonal work may be taken on for a limited period of time. A fixed-term contract is therefore often used, with that contract ending on a specific date or on completion of a particular project.

    An individual employed on a fixed-term contract is protected against less favourable treatment compared to permanent employees. For example, if an employer excludes the fixed-term … more

  • Tips to Manage Employees Mental Health in the Workplace

    Tags: Workplace, ukemplaw, EmploymentLaw, Mental Health, Stigma, Office, Support Services

    In 2018 mental health is becoming more widely spoken about in, and out, of the workplace. Smart employers know that organisations are only as strong as their people and that the experiences, wellbeing and motivations of each worker is fundamental to how the organisation performs. Generally, a common-sense approach based on open communication and good people-management is all that is required. Below are our six top tips to help you effectively manage and support workplace mental wellbeing. 

    Encourage people to talk 

    Increase awareness among employees of mental health and aim to create an open environment where your employees feel they are able to talk about their wellbeing. 

    Make it an organisational priority 

    Don’t just flirt around the issue of mental … more

  • An Employers Guide to Statutory Leave and other Holiday Rules

    Tags: Statutory Leave, Holiday Rules, Employer’s Guide, Working Time Regulations 1998, Bank Holidays, Contract of Employment, Employment Law, Holiday Pay, ukemplaw

    As an employer, you’re required to give employees at least the minimum statutory holiday entitlement as set out in the Working Time Regulations 1998. You must also comply with any contractual entitlements and obligations agreed in the employee’s individual contract of employment.

    The contract of employment

    An employee’s annual leave entitlement forms part of their contract of employment; therefore, it should be documented in their written statement of employment particulars or in their contract. This must be given to the employee within two months of starting work. 

    Statutory holiday entitlement

    Employees in the UK are entitled to 5.6 weeks’ (28 days) paid holiday a year and this can, at the employer’s discretion, include bank holidays. You always … more

  • Restricting employment allowance for illegal workers

    Tags: Illegal Workers, Government, Policy, April 2018, Home Office, Penalty, Employment Allowance

    In a move to crack down on illegal workers in the UK, the Government introduced a policy back in April 2018 that removes the eligibility for Employment Allowance for one year if an employer has been found guilty by the Home Office of employing an illegal worker.

    In the budget of 2016, it was announced that from 2018 the Employment Allowance, which allows employers to claim a reduction on their annual National Insurance Contribution, would be removed for one year for those organisations who receive penalties for employing illegal workers. The Government is of the view that those who breach legislation by employing illegal workers should not benefit from the Employment Allowance. The purpose of this restriction is to ensure the allowance focuses more on the employers who are providing … more

  • Gig Economy – Royal Mail Group Facing legal action from drivers

    Tags: Gig Economy, Royal Mail, Drivers, Supreme Court, Employment Tribunal, Employment Appeal Tribunal, Self-Employed, Worker, National Minimum Wage, DPD

    The trend towards gig economy drivers and contractors demanding employment status rights will continue throughout 2018. This should come as no surprise when you consider the recent report published by parliamentary committees which determined nearly 1.6 million people work for gig-economy giants and find relatively little protection provided under current employment law due to their status. 

    We previously reported on the Uber drivers ongoing battle in August 2016, and the EAT decision in November 2017 if you haven’t been keeping up with our gig economy posts. 

    More recently, in December 2017, couriers at Parcelforce Worldwide commenced legal action against its parent group, Royal Mail Group Ltd, over failure to pay drivers the national minimum wage and holiday pay.& … more

  • Gig Economy Cluster

    Tags: Gig Economy, Gig Economy Cluster

    The focus of recent case law has been whether individuals are self-employed or workers. Commonly, due to the flexible and ad-hoc nature of the work provided by many businesses, individuals have been wrongly categorised as self-employed.

    A growing trend is emerging whereby the Employment Tribunal (“the Tribunal”) are holding that individuals as workers rather than self-employed. See our articles here - 

    June 2018 - LEGAL UPDATE: Supreme Court Decision Announces in Pimlico Plumbers Case

    June 2018 - Employment status: are Addison Lee Couriers workers?

    April 2018 - Update on ‘Gig Economy’ Case Law and Developments

    November 2017 - Employment Appeal Tribunal (EAT) uphold Uber drivers are workers

    August 2016 - Employment status: … more

  • GDPR – The Consent Trap

    Tags: GDPR, 25 May 2018, Consent, Legitimate Interest, Marketing Emails, Processing Data

    Having got past 25 May 2018, the day the GDPR came into effect, the flood of GDPR emails is beginning to diminish. But were all these emails necessary, and in particular, was it actually necessary to seek consent? In many cases it was not necessary to seek consent to “stay in touch”. 

    Under GDPR consent is one of 6 legal bases for processing data. In most cases, organisations will be able to rely on the “legitimate interests” ground to remain in contact with their contact list. 

    The recitals within the GDPR expressly say that processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest. Many businesses can therefore rely on the concept of ‘legitimate interest’ to justify processing … more


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