Private Hire Drivers Entitled to Paid Annual Leave and National Minimum Wage

March 26, 2019January 19, 2019 by

On the 14th November 2018 the Employment Appeal Tribunal (EAT), in the case of Addison Lee Ltd v Lange and Ors, upheld an employment tribunal’s decision that private hire drivers working for Addison Lee are ‘workers’ and so are entitled to the ‘national minimum age’ and ‘paid annual leave.’ The EAT delivered its verdict stating that the Claimants were limb (b) workers and thus are entitled to holiday pay and …

Key Points to Consider before Entering Settlement Agreement

June 19, 2019January 9, 2019 by

The Employment Code of Practice (Settlement Agreements) Order 2013 came into practice on 29th July 2013. There are some key points to take into consideration before entering into a settlement agreement with your current employer: It is a legally binding contract which waive the rights of an individual to file a claim that is covered in the agreement with an employment tribunal. It must be made in writing It can …

Christmas Temporary Staff #KnowYourRights

January 29, 2019December 19, 2018 by

In the build up to Christmas with the seasonal festivities in full swing, employers often need to boost their staffing requirements and bring temporary staff on board to handle the increased workload. Temporary workers are employed on a short-term basis for specific job roles. Seasonal workers or those working through the holidays, need to be introduced to their new roles early enough, so that they are up to speed with …

I am a waitress. Am I entitled to my tips?

January 21, 2019December 8, 2018 by

The recent announcement regarding the government’s plans for workers to receive the tips given to them has created much debate. While most employers do act in good faith, there are many who follow poor tipping practices. There are excessive deductions in the tips left by customers by the time it reaches the pocket of workers. Once the new legislation comes into practice, it will ensure that the tips will go …

Should my Employer Report Ethnicity Pay Gaps?

March 26, 2019December 1, 2018 by

In February 2017, the Government published an Independent review by Baroness McGregor-Smith considering the issues affecting black and minority ethnic (BME) groups in the workplace. The review titled: Race in the workplace stated that no employer can be honest enough to say that they are trying to improve the ethnic diversity in a workplace unless they are sure of that starting point and are able to monitor that success over …

Am I disabled? What is the legal definition of Disability

March 26, 2019November 30, 2018 by

Under the Equality Act 2010, if you have a physical or mental impairment which has substantial and long term negative effects on your ability to perform normal daily functions, you can be considered disabled. What does ‘substantial’ and ‘long-term’ mean ‘substantial’ means more than minor, for example, it may take much longer for a person with substantial disability to get dressed as compared to others. Long term impairment means for …

Employment Contract – Bonus clause

June 11, 2019November 25, 2018 by

It has been accepted, considering the various cases in the past, that there is nothing like unfettered discretion by an employer with regards to the payment of bonuses. A myriad of decisions in the court have decided that employers should exercise discretion on good grounds. Therefore, if an employee meets a criteria for a bonus, there must be a valid reason for not paying that bonus, in order to show …

What to Wear to Work – Dress Codes and Sex Discrimination

January 29, 2019November 17, 2018 by

The UK Government Equalities Office has recently announced new guidelines for employers on implementing dress codes to avoid sex discrimination at work. The guidelines suggest that when policies on clothes or uniforms are an essential part of employer’s terms and conditions of employment, then similar standards of dressing must be maintained for both men and women. What are your employers responsibilities? It is common to find dress codes being an …

Court of Appeal overturns National Minimum Wage rules for Sleep in workers

January 29, 2019November 15, 2018 by

Over the past decade, EAT decisions appeared to have established that a myriad of sleep-in workers were liable to be paid minimum wages for every hour of their shift spent in the organisation, including the hours when they are asleep. In a recent case this year, the court of Appeal rejected the rule, stating that the workers will be paid only for the hours they were awake and carrying out …

Long Term Medical Sickness and Dismissal from Work

April 22, 2019November 13, 2018 by

Can you be sacked due to long term sickness from work? We all believe that a sick employee’s job has to be kept open indefinitely by an employer. But this is far from truth. While it is mandatory to follow a fair procedure to manage a long term absence from work your employer has to show that the dismissal was fair and justified. What does the Equality Act say? After …