National Minimum Wage – Local Government Law

Posted May 23rd, 2017 in appeals, employment, employment tribunals, minimum wage, news by tracey

‘The three appeals to the Employment Appeal Tribunal in cases including Focus Care Agency Ltd v Roberts, UKEAT/0143/16/DM, consider the proper approach to the question whether employees who “sleep-in” in order to carry out duties if required engage in “time-work” for the full duration of the night shift, or whether they are entitled to the National Minimum Wage, under the National Minimum Wage Act 1998 and the National Minimum Wage Regulations 1999 and 2015, only when they are awake and carrying out relevant duties.’

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Local Government Law, 22nd May 2017

Source: www.11kbw.com/blogs/local-government-law

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The Unassailable Business Case by Antony Sendall – Littleton Chambers

Posted May 17th, 2017 in dispute resolution, employment, news by sally

‘I am going to stick my neck out and suggest that workplace mediation offers perhaps the largest untapped opportunity for cost-cutting and improving profitability in business in the UK today. The many benefits of a mediation culture, including lower levels of conflict, improved morale, improved staff retention and even improved relations with suppliers and customers are really important and are a big part of that business case, but are outside the scope of this article. I am going to focus here just on the cost savings in terms of management and HR time.’

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Littleton Chambers, 28th April 2017

Source: www.littletonchambers.co.uk

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Employees, Directors & the Futures Path of Corporate Governance Reform – Littleton Chambers

‘Shortly before the calling of a General Election the Business and Enterprise Select Committee of the House of Commons published a report on corporate governance. As the report’s reception and subsequent comment have made clear, whatever the outcome of the election the framework set by the report is likely to determine the direction of future corporate governance reform.’

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Littleton Chambers, 9th May 2017

Source: www.littletonchambers.com

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Martin Fodder & Jeremy Lewis on Important New Decision from Court of Appeal on Workers Status for Whistleblowers – Littleton Chambers

Posted May 16th, 2017 in appeals, employment, employment tribunals, news, whistleblowers by sally

‘The Court of Appeal has reversed the decision of the Employment Appeal Tribunal which had decided that a junior doctor’s contention that he was “a worker” in relation to Health Education England should be struck out as having no reasonable prospect of success. The decision is of importance not only to junior doctors but also more generally. Martin Fodder and Jeremy Lewis, two of the authors of Whistleblowing, Law and Practice, 3rd Edition, OUP, 2017 of Littleton, consider the judgment. David Reade QC and Nicholas Siddall (both also of Littleton) appeared in the case representing Health Education England.’

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Littleton Chambers, 9th May 2017

Source: www.littletonchambers.com

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Sleep-in workers revisited: a multi-factorial approach to eligibility for the minimum wage – Cloisters

Posted May 16th, 2017 in appeals, employment, employment tribunals, minimum wage, news by sally

‘Anna Beale considers the most recent guidance from the EAT on the vexed question of whether workers should receive the minimum wage for “sleep in” shifts.’

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Cloisters, 27th April 2017

Source: www.cloisters.com

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Facebook users will be given new legal right to delete all posts they made as teenagers, Tories announce – Daily Telegraph

Posted May 15th, 2017 in employment, fines, internet, legislation, news, young persons by sally

‘Facebook users will be given a new legal right to wipe clean all photos, messages and information that they put online before turning 18 under a new manifesto pledge announced by Theresa May.’

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Daily Telegraph, 12th May 2017

Source: www.telegraph.co.uk

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HMRC steps up inquiry into employment status of Hermes couriers – The Guardian

‘HM Revenue & Customs has stepped up its investigation into the delivery company Hermes classifiying its couriers as self-employed, while the business has also been hit with an employment rights lawsuit from the GMB trade union.’

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The Guardian, 3rd May 2017

Source: www.guardian.co.uk

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Uber granted right to appeal against ruling on UK drivers’ rights – The Guardian

‘Uber has been granted the right to appeal against last year’s landmark ruling that its UK minicab drivers should be treated as employed workers with rights to the minimum wage and sick pay.’

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The Guardian, 19th April 2017

Source: www.guardian.co.uk

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Revised ‘section 182’ guidance issued to help curb illegal working at licensed premises – OUT-LAW.com

Posted April 13th, 2017 in employment, immigration, licensing, local government, news by sally

‘The UK government has issued new guidance to help local authorities meet duties to check that people selling alcohol in licensed premises in England and Wales are entitled to work in the country.’

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OUT-LAW.com, 11th April 2017

Source: www.out-law.com

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Barclays whistleblower case sparks calls for more protection – The Guardian

Posted April 12th, 2017 in employment, news, whistleblowers by sally

‘Whistleblowing charities and law firms have called for companies to offer more protection to workers who flag up internal problems after the chief executive of Barclays attempted to track down the author of anonymous letters.’

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The Guardian, 11th April 2017

Source: www.guardian.co.uk

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Lady Hale on indirect discrimination: Essop and Naeem – Law & Religion UK

‘In Essop & Ors v Home Office (UK Border Agency) [2017] UKSC 27, there were two conjoined cases: Essop and Naeem v Secretary of State for Justice. The Supreme Court gave a unanimous judgment on both.’

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Law & Religion UK, 7th April 2017

Source: www.lawandreligionuk.com

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Jeremy Lewis on NHS Applicant Whistleblowers: wider implications and mis-steps en route – Littleton Chambers

Posted April 6th, 2017 in consultations, disclosure, employment, health, news, regulations, whistleblowers by sally

‘On 20 March 2017 the Government published draft Regulations with a view to providing whistleblowing protection to applicants for NHS employment [1]. A consultation has been launched. Some two years after the publication of the report by Sir Robert Francis QC into whistleblowing in NHS, Freedom to Speak Up, the draft Regulations aim to implement the recommendation that consideration be given to outlawing discrimination against whistleblowers in recruitment by NHS employers. (Legislation giving power to make these regulations – s.49B of the Employment Rights Act 1996 – has been on the statute book since 6 May 2015).’

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Littleton Chambers, 21st March 2017

Source: www.littletonchambers.com

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No back-peddling – workers’ rights are gaining pace in the gig economy – Cloisters

‘Following the recent decisions of the Court of Appeal in Pimlico Plumbers and the Employment Tribunals in Citysprint and Uber, companies in the gig economy suffered another blow yesterday with the decision in Boxer v Excel Group Services Limited. This case augments the growing number of judgments in which staff that are ostensibly self-employed are found to be “workers” in law, and hence entitled to basic rights such as holiday pay and rest breaks.’

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Cloisters, 24th March 2017

Source: www.cloisters.com

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Immigration and Minimum Income Requirements – “significant hardship” caused, but still ECHR compatible – UK Human Rights Blog

‘SS (Congo) v Entry Clearance Officer, Nairobi, [2017] UKSC 10. The Supreme Court has ruled that, in principle, the need for spouses or civil partners in the UK to have an annual minimum income of £18,600 in order to obtain entry clearance for their non-EEA spouse/civil partner to be compliant with the European Convention on Human Rights (“ECHR”). However, the Supreme Court stated that the relevant Immigration Rules relating to such Minimum Income Requirements (“MIR”) failed to adequately take account of the need to safeguard and promote the welfare of children when making an entry decision. Finally, the prohibition on taking into account prospective earnings of the foreign spouse or civil partner when applying the MIR was inconsistent with the evaluative exercise required under Article 8, ECHR.’

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UK Human Rights Blog, 6th April 2017

Source: www.ukhumanrightsblog.com

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The Supreme Court makes Indirect Discrimination simple again – 11 KBW

‘In the joined cases of Essop and Naeem ([2017] UKSC 27) the Supreme Court has taken on a daunting task: the simplification of indirect discrimination law. This is not a case note in the usual sense. We have not set out the facts, the law and then a statement of what is novel. At the hearing we tried to give the Supreme Court a new vocabulary to use as a tool for its analysis. The aim of this note is to explain that language as simply as we can. If we succeed, what we have to say will seem obvious. Those reading Lady Hale’s judgment (with which all of their Lordships agreed) will have had that experience. She has distilled, from an area of law that was submerging into great complexity, a handful of principles that dispel confusion and whch make intractable issues straightforward.’

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11 KBW, 5th April 2017

Source: www.11kbw.com

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Gender pay gap reporting: Government’s new rules will not tackle financial inequality, critics warn – The Independent

Posted April 6th, 2017 in disclosure, employment, equal pay, news, reports, women by tracey

‘Experts, including employment lawyers, HR professionals and campaigners, are warning that the Government’s new rules on gender pay reporting won’t do enough to tackle considerable financial inequality still overshadowing a multitude of industries.’

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The Independent, 5th April 2017

Source: www.independent.co.uk

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Crackdown on ‘disguised self-employment’ behind increased HMRC payroll tax take, says expert – OUT-LAW.com

‘HM Revenue and Customs (HMRC) collected an additional £705 million in tax from investigations into companies’ payroll taxes last year, almost half of which was collected from small or medium-sized businesses (SMEs), according to new figures.’

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OUT-LAW.com, 4th April 2017

Source: www.out-law.com

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First ‘snapshot’ of gender pay gap due as reporting requirements come into force – OUT-LAW.com

Posted April 5th, 2017 in disclosure, employment, equal pay, news, Northern Ireland, regulations, statistics by sally

‘Large UK employers will begin publishing their gender pay gaps over the coming months, based on the pay which their employees receive within the pay period in which today’s date falls.’

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OUT-LAW.com, 5th April 2017

Source: www.out-law.com

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You’re hired? New levy and tougher rules signal apprenticeship shakeup – The Guardian

Posted April 4th, 2017 in education, employment, news, universities, young persons by sally

‘Ministers say 3m earning and learning schemes will plug the UK skills gap but critics say new levy is yet another financial burden for businesses

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The Guardian, 4th April 2017

Source: www.guardian.co.uk

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UK’s gender pay rankings will put discrimination under spotlight – The Guardian

Posted April 3rd, 2017 in disclosure, employment, equal pay, news, sex discrimination, statistics by sally

‘The naming and shaming of employers is welcome, but the fight for equal pay for women has just begun’

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The Guardian, 2nd April 2017

Source: www.guardian.co.uk

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