Employment Status

Is the parties’ intention as to employment status determinative of the question? No, held the Employment Appeal Tribunal (EAT) in the case of Richards v Waterfield Homes Ltd and Unity Build & Repairs Ltd. The original tribunal had concluded that the Claimant was...

Autumn Budget Statement

As if we didn’t already have enough to worry about! The Chancellor of the Exchequer has just announced a whole raft of new measures in his Autumn budget statement but one that particularly caught our eye was that the UK minimum wage for people over 23 will...

IR35: Government U-Turn

Government U-turns on cancelling IR35 off payroll rules Only a month or so ago, the government announced that it would repeal the IR35 off payroll rules from the start of the new tax year in April 2023. But those plans have now been scrapped by the new chancellor,...

Extra Bank Holiday on Mon 8 May 2023

It has been announced that there will be an extra bank holiday in 2023. This will fall on Monday 8 May to mark the coronation of King Charles III two days earlier. Employers are certainly getting used to having to plan for extra bank holidays but please do contact us...

Rectification

Can an employment tribunal rectify a contract? Probably not, held the Court of Appeal in the case of Nexus v RMT and Unite the Union, but it can decide whether a contract could in principle be rectified. This is the latest case in the long running litigation relating...

Settlement Agreements

Can a settlement agreement compromise a discrimination claim that has not yet arisen? No, held the Employment Appeal Tribunal (EAT) in the case of Bathgate v Technip UK Ltd and others. The Claimant had accepted voluntary redundancy that was formalised in a settlement...

Redundancy Selection

Is it fair for an employer making redundancies to decide on a pool of one employee without prior consultation? No, held the Employment Appeal Tribunal (EAT) in Mogane v Bradford Teaching Hospitals NHS Foundation Trust. The Claimant was one of several nurses employed...

Liz Truss and Workers’ Rights

The Prime Minister, Liz Truss, has recently announced new government policy to remove ‘reporting requirements and other regulations’ in connection with workers’ rights from all businesses employing under 500 employees. However, the scope of this announcement is not...

Digital Right To Work Checks

Digital right to work checks – October deadline! Right to work checks are in place to stop employers hiring staff who are not permitted to work in the UK. From 1st October you must use a certified identity service provider (IDSP) to perform a digital right to work...