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Statutory redundancy payments for furloughed employees

Emily Yeardley
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Statutory redundancy payments (what the law says an employee is entitled to be paid if they have been continuously employed for 2 years and are made redundant) are calculated based on an employee’s length of service, their age and a...

Entitlement to Statutory Sick Pay during self-isolation for Covid-19 amended

Emily Yeardley
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Update correct as at 6 August 2020 The Statutory Sick Pay (General) (Coronavirus Amendment) (No.5) Regulations 2020 came into force on 5 August 2020. They extend the entitlement to Statutory Sick Pay from 7 to 10 days where an individual self-isolates...

Employment Appeal Tribunal - It's not all about the money!

Emily Yeardley
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The Employment Appeal Tribunal (EAT) has ruled that employees can pursue an unfair dismissal claim even though no compensation may be awarded, provided the claim has a reasonable prospect of success. In Evans v London Borough of Brent ,  Dr Evans...

Injury to feelings - how much can an Employment Tribunal award?

Emily Yeardley
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In addition to compensation for financial loss, Employment Tribunals may award compensation for injured feelings in discrimination claims.  As neither the Equality Act 2010 or previous legislation provided guidance on the level of award for injury to...

Employer not liable for employee's data protection breach

Emily Yeardley
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The Supreme Court has allowed an appeal ruling that Morrisons (WM Morrison Supermarkets plc) is not liable for a data breach committed by its ex-employee, Mr Skelton. Skelton uploaded payroll data online, including personal details of Morrisons’...

Redundancy vs Furlough

Emily Yeardley
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Some employers took steps to make workers redundant prior to the government’s Coronavirus Job Retention Scheme (CJRS). Others are still making redundancies irrespective of the CJRS due to the uncertainties that remain or because they cannot afford to...

Coronavirus Job Retention Scheme (CJRS)

Emily Yeardley
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The Government’s further guidance on the Coronavirus Job Retention Scheme sets out who will be eligible to use the scheme and answers some questions on how it will operate.  Who can use the retention scheme? All UK employers, including...

Is vegetarianism a protected characteristic

Emily Yeardley
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Is vegetarianism a protected characteristic under the Equality Act 2010? This was the question that a recent Employment Tribunal had to answer when Mr Conisbee, a waiter at a hotel, brought a claim against his former employer, Crossley Farms Ltd claiming...

You're fired! - have you been unfairly dismissed?

Emily Yeardley
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When an employee is dismissed from their employment, it is natural for that person to feel as if they have been treated unfairly. An employer is entitled to dismiss an employee provided they can show that the reason for the dismissal was one of five...

Was covert recording by employee 'misconduct'?

Emily Yeardley
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The advent of smartphones means that it could not be easier to make an audio recording of an internal meeting without the other party’s knowledge. Employees may feel confused and vulnerable and want the protection of recording exactly what the...

Are you working too hard?

Emily Yeardley
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Do you feel physically and emotionally exhausted all the time and lack motivation at work? Do you have a demanding job that constantly makes you feel stressed? You could be suffering from ‘burnout’. The World Health Organisation (WHO) announced...

Today is National Aunt and Uncle's day - What are your flexible working rights?

Emily Yeardley
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The 26 th July is recognised as Aunt and Uncle’s day in the United States, and what better way to celebrate than by spending time with nieces and nephews. If you’d like to make the arrangement more permanent but can’t because of your...

Perception of disability gave rise to discrimination

Emily Yeardley
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The Court of Appeal has handed down its first judgment in a case concerning disability discrimination by perception. In the case of Chief Constable of Norfolk v Coffey , Coffey, a police officer, brought proceedings against the Chief Constable of...

Was post-termination restriction a restraint of trade?

Emily Yeardley
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The Supreme Court has overturned the decision of the Court of Appeal in the case of Tillman v Egon Zehnder Ltd , a case concerning the enforceability of a non-competition clause in an employee’s contract of employment. Non-competition clauses are...

Commercial & Employment Newsletter - June 2019

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We recently circulated our Commercial and Employment Newsletter, containing the following articles and updates: Knowledge of disability at appeal stage should have been considered. Is there a right time to sell? Planning for retirement as a...

Employment Solicitor and Associate, Emily Yeardley delivers presentation on Employment Law and Occupational Health Legal Basics

Gemma McBride
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Emily Yeardley was invited to present at KML Occupational Health’s (KML OH) Team Workshop on Friday 28 th June 2019.   KML OH is an occupational health provider that provides services and medical assessments to over 4,000 employees. Occupational...

Are you being bullied in the workplace?

Emily Yeardley
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Employees spend most of their time at work and in the company of their colleagues. Unfortunately, bullying in the workplace is more common than we would like to believe and can create an uncomfortable and unhealthy working environment.  Bullying at...

Employment legislation rules the roost - directors liable for exploiting chicken catchers

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The directors of DJ Houghton Catching Services Limited were found liable for exploiting their chicken catcher employees and subjecting them to intolerable living conditions. Directors owe various duties to their company, as well as its shareholders,...

What to expect when you're expecting

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Being pregnant is an exciting and memorable time in a woman’s life, but it can also result in additional stress as some expectant mothers juggle work with nausea, discomfort, pain, antenatal appointments, financial concerns and job security worries. ...

Mandatory itemised payslips for all workers coming soon!

Emily Yeardley
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From 6 th April 2019 employers will be required to provide all workers with an itemised payslip. Current legislation requires employers to provide itemised payslips to ‘employees’ for each pay period showing gross pay and any deductions made. ...

What must a claimant do to prove they are disabled?

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Mrs Nissa was employed by Waverly Education Foundation Limited and worked at a School as a Science Teacher. She was employed from September 2013 until her employment ended on 31 st August 2016 by reason of her resignation. She brought claims of disability...

As Andy Murray considers retirement, we consider age discrimination

Emily Yeardley
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Tennis legend Andy Murray (aged 31) has revealed plans to retire once he has competed in Wimbledon this year, as a result of his ongoing recovery from hip surgery. As Andy Murray is a professional athlete, he is entitled to retire at whatever age he...

Is there enough protection for whistle-blowers?

Emily Yeardley
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Emily Scott, a former trainee solicitor, reports that she feels let down by the Solicitors’ Regulation Authority (SRA), the legal professions’ regulatory body, after she was struck off alongside two partners who she ‘blew the whistle...

Commercial & Employment Newsletter - January 2019

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We recently circulated our Commercial and Employment Newsletter, containing the following articles and updates: It's not all about the 'B" word - Employment law changes in 2019 Even the coldest of winters cannot freeze the desire...

It's not all about the 'B' word - Employment law changes in 2019

Emily Yeardley
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As a new year begins, we bring news of the employment law changes expected in 2019 and beyond. Although Brexit is, of course, the hot topic of legal uncertainty to look forward to this year, there are also other employment developments that should not be...

"It's the most wonderful time for a beer" - Christmas party warning

Emily Yeardley
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We are finally at that time of year where it’s considered socially acceptable to eat lots, drink plenty and be merry! With companies making plans or hosting their highly anticipated work Christmas parties, giving all employees the opportunity to relax...

Constructive dismissal - what does this mean?

Emily Yeardley
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As most will be aware, an employer can terminate an employee’s employment either by giving notice or without notice where an employee is found to have committed an act of gross misconduct. However, an employer should have a fair reason for the...

Employee claims he was sacked for being vegan - is this discrimination?

Emily Yeardley
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In landmark legal case, due to be heard in March 2019, an Employment Tribunal will be asked to consider whether veganism constitutes a philosophical belief. Jordi Casamitjana alleges he was dismissed by his employer, League Against Cruel Sports (the...

Marriott exposed to massive data breach

Emily Yeardley
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It has recently been reported that hackers stole the personal data of as many as 500 million guests who had made reservations using Marriott’s Starwood booking system. The personal data which has been the subject of the breach includes guest’s...

J.K. Rowling dismisses Personal Assistant for gross misconduct

Emily Yeardley
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Harry Potter author, J.K. Rowling dismissed her Personal Assistant, Amanda Donaldson in April 2017 for gross misconduct. Ms Donaldson is reported to have used her business credit card to shop at high end stores such as Jo Malone and Molton Brown,...

Commercial and Employment Newsletter - November 2018

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We recently circulated our Commercial and Employment Newsletter, containing the following articles and updates: Who can be liable for dismissing a whistleblower? Is your property fit for a visit from Father Christmas? New Rules for influencers...

Who can be liable for dismissing a whistleblower?

Emily Yeardley
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The Court of Appeal has confirmed in the recent case of Timis v Osipov [2018] EWCA Civ 2321  that individuals can be personally liable for the unlawful dismissal of a whistleblower. A whistleblower is an individual who discloses wrongdoing within an...

What do you need to establish to prove disability under the Equality Act 2010?

Emily Yeardley
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To be considered disabled, you must have a physical or mental impairment that has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities. People who suffer from cancer, HIV or multiple sclerosis are...

Proposals designed to increase workplace flexibility

Andrew Peters
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The government is considering introducing a duty on employers to consider whether a job can be performed flexibly, and to make that clear when advertising. The potential introduction of further flexibility within the workplace is designed to support those...

World Mental Health Day - Could a four-day working week help reduce stress in the workplace?

Emily Yeardley
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The World Health Organisation  recognises World Mental Health Day every year on the 10 th October. This day is designed to raise awareness of mental health conditions and how it can affect people’s lives. A recent survey conducted by charity,...

The Parental Bereavement (Leave and Pay) Act 2018

Emily Yeardley
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Further to my previous article on Parental Bereavement Leave  on 16 th October 2017 , the government has now approved the Bill that provides employees a right to paid time off (Parental Bereavement Leave) on the death of their child. The Parental...

Commercial & Employment Newsletter - September 2018

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We recently circulated our Commercial and Employment Update containing the following articles and news: What are you trading as?: Companies What happens if an employer doesn't respond to an employment tribunal claim? Can an...

What happens if an employer doesn't respond to an employment tribunal claim?

Emily Yeardley
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There are various claims an employee can bring against their employer at an Employment Tribunal. Once a claim has been issued, the Employment Tribunal will send a copy to the employer to give them an opportunity to defend or respond to the claim. Following...

Should you be getting paid to sleep?

Emily Yeardley
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The Court of Appeal has handed down a landmark judgment in Royal Mencap Society v Tomlinson-Blake where a carer challenged her employer’s policy to pay her a fixed sum, significantly lower than the National Minimum Wage (NMW), for time spent sleeping...

What happens if you struggle to arrive at work on time due to childcare responsibilities?

Emily Yeardley
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A freelance teacher, Mrs Bradley, has successfully appealed a finding by an employment tribunal that she was not subjected to discrimination by requiring her to arrive at work by 8.45am. Bradley had consistently struggled to arrive at the required time...

Commercial and Employment Update

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We recently circulated our Commercial and Employment Update containing the following articles and news: What you don't know can't hurt you? The employment tribunal thinks otherwise Why bother with a shareholders' agreement? Was...

Part-time working as an alternative to dismissal?

Emily Yeardley
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In Ali v Torrosian and others (t/a Bedford Hill Family Practice) UKEAT/0029/18 , the Employment Appeal Tribunal (EAT) considered whether the tribunal had fallen into an error of law by not considering whether the employer could have achieved its...

Balancing employment and caring responsibilities

Emily Yeardley
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Following our recent article: Carers: who cares when you can’t?  posted during Carers Week, we are pleased that the Department for Health and Social Care has published a two-year action plan to support carers, and in particular those who are...

What you don't know can't hurt you? The employment tribunal thinks otherwise

Emily Yeardley
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In the decision of City of York Council v Grosset the Employment Appeal Tribunal (EAT) has upheld a claim for disability discrimination despite the fact that the employer was not aware of the disability at the time the discrimination took place.  ...

Supreme Court dismisses appeal against Plumber's worker status

Emily Yeardley
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On 13 th June 2018 the Supreme Court dismissed an appeal by Pimlico Plumbers and upheld rulings (by the Employment Tribunal, the Employment Appeal Tribunal and the Court of Appeal) that a plumber was a worker for the purposes of the Employment Rights Act...

Are you ready for the GDPR?

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Data protection and cybersecurity are subjects that are making ever more frequent appearances in news headlines. With the deadline for compliance with the General Data Protection Regulation being set at 25 th  May 2018 and the Government confirming...

Was decision to dismiss employee related to her pregnancy?

Emily Yeardley
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Where an employer decides to dismiss an employee without knowledge of the employee’s pregnancy but it discovers, prior to dismissal, that she is pregnant, a tribunal may be asked to consider whether the dismissal was related to the employee’s...

Changes to Data Protection law in the UK: The GDPR

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Data protection is an issue that is making ever-more frequent appearances in news headlines, and with the implementation of a new EU-wide framework for data protection law in 2018, this should not be expected to change any time soon.  What is the...

BakerLaw and ThinkMarble: GDPR breakfast seminar

Emily Yeardley
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Data protection is an issue that is making ever-more frequent appearances in news headlines. With the deadline for compliance with the General Data Protection Regulation being set at 25th May 2018, businesses found to be in breach of the new regulations...

What is the effective date of termination?

Emily Yeardley
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When considering Employment Tribunal Claims a key point to be established is the Effective Date of Termination (EDT). This date marks the end of the period of continuous employment and is often the date on which the time limit for presenting a claim runs...

Give it a rest!

Emily Yeardley
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Regulation 12 of the Working Time Regulations 1998 (WTR) entitles workers to take a rest break of not less than 20 minutes if their daily working time exceeds six hours. Mr Crawford, a relief cover signalman for Network Rail has brought an employment...

BakerLaw LLP Employment News: Winter Edition

Andrew Peters
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We have today circulated our quarterly Employment Law Newsletter. In this edition you can indulge in the following articles and news: A fresh start for the New Year - Are your employment documents in order? Key Employment Law dates for 2018 No males...

No males need apply for role at pizza restaurant

Emily Yeardley
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A pizza restaurant, based in Ireland, has recently come under criticism for posting a job advert which specifies that the applicants should be female and requiring a photo. The manager who posted the job advert explained the reasoning behind the gender...

Holiday Pay is King!

Emily Yeardley
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The Court of Justice of the European Union (CJEU) has handed down a landmark decision in King v The Sash Windows Workshop Limited C-214/16 relating to holiday pay which is bound to send a shiver down employers’ spines. What are the facts? Mr King...

Workers' Rights

Emily Yeardley
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What’s the big deal? A worker’s employment status is relevant to the question of their employment rights. These differ depending on whether you are a worker, employee or self-employed. Worker A worker is an individual who undertakes to do the...

Applications open for Employment Tribunal Fees Refunds

Emily Yeardley
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Update: Following our previous report of 24 th  October 2017, which can be found here, the initial trial period for the refund of Employment Tribunals fees refunds has now ended.  The refund scheme is now open to everyone to apply if...

Coffee chain criticised over staff badge saying, I am new, kiss me.

Emily Yeardley
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Coffee chain Pret a Manger has faced heavy criticism across the media this week after an employee was spotted wearing a badge which said “I am new, kiss me”. Pret a Manger has stated that they “definitely don’t ask our employees to...

Entire workforce made redundant

Emily Yeardley
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Sydney Hardy, Managing Director of Nippy Bus, dismissed his entire workforce by memo stating “ I have had enough and realise I cannot work with you, the people I employ, a moment longer ”.  He advised the staff that they should not turn up...

Invitation to host webinar on stress in the workplace

Emily Yeardley
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Emily Yeardley, Associate Employment Solicitor at BakerLaw LLP, has been invited to host a webinar for the Society of Occupational Medicine (SOM) on 11th December 2017.  The webinar is open to SOM members, please contact nick.llewellin@som.org.uk ...

Requirement to pass annual fitness test not discriminatory

Emily Yeardley
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The Employment Tribunal has recently heard a case ( Mrs R Tiffin –v- Chief Constable of Surrey ) brought by a police officer who resigned having repeatedly failed a fitness test. Ms Tiffin stated she had an underactive thyroid gland which was the cause...

Update: Tribunal Fees Refunds

Emily Yeardley
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Following the recent ruling that Employment Tribunal Fees are unlawful the Government has now announced its fees refund scheme. In addition to refunding all fees paid, 0.5% interest will be paid to claimants calculated from the date of the original payment...

Parental Bereavement Leave

Emily Yeardley
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A new bill has been published to introduce parental bereavement leave. The Current Position Under current legislation an employer has no obligation to allow parents paid time off to grieve if they have lost a child under the age of 18. Most employers are...

World Mental Health Day 2017

Emily Yeardley
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Mental health issues can affect anyone, any day of the year, but today marks World Mental Health Day, a day to show your support for better mental health and start looking after your own wellbeing.”  ACAS has estimated the cost of mental ill...

Choose your words carefully

Emily Yeardley
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The recent Employment Tribunal case of Ms C Gomes v Henworth Ltd t/a Winkworth Estate Agents and Mr G Gold demonstrates the importance of thinking before you speak and choosing your words carefully to avoid the risk of discrimination claims. In this case Ms...

Should holiday pay be calculated including voluntary overtime?

Emily Yeardley
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Holiday pay has featured heavily in the news over the last year but until now the question of all overtime (both compulsory and voluntary) worked and whether it should be included in the holiday pay calculation has remained a grey area. Employers commonly...

New Paralegal welcomed to Commercial & Employment departments

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The Partners at BakerLaw LLP are delighted to welcome Oliver Salmon as the firm’s new Paralegal in the Company Commercial and Employment departments. Following completion of Oliver's law degree, in tandem with his Paralegal...

What does today's judgment on ET fees mean for you?

Andrew Peters
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Following an appeal by UNISON (one of the UK’s largest trade unions) the Supreme Court (the highest Court within the UK’s legal system) has ruled that the requirement to pay the fees for issuing a claim and hearing a claim in the Employment...

Are parents of a bereaved child entitled to paid time off work?

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There is currently no legal right to paid time off following the death of a child. All employees are entitled to ‘time off for dependants’ but this time is unpaid. Time off for dependants allows employees time off to deal with unforeseen...

BakerLaw bolsters employment team

Andrew Peters
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BakerLaw LLP has bolstered its Employment Law Department with the appointment of a new Associate. Emily Yeardley  is an experienced employment law solicitor advising businesses and individuals on employment related matters ranging from unfair...

Employment Law 2017 - what lies ahead?

Andrew Peters
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It looks as though 2017 will be a busy year for employment law, with a number of important cases set to be decided.  We have commented upon just a few of these below, dealing with: employment status and the gig economy, holiday pay, Employment Tribunal...

National Minimum Wage Increase

Andrew Peters
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From 1 October 2016, the national minimum wage hourly rates increase. The national living wage for workers age 25 years or above remains at £7.20 per hour.  The table below sets out the previous and current hourly rates for each category of...

BakerLaw advises management team on acquisition of DED

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BakerLaw advises management team on acquisition of DED BakerLaw’s corporate partner Jonathan Craig,  supported by employment partner Andrew Peters advised Tim Downes lead for the buyer management team on their recent completion of the...

Ground breaking ruling on Holiday Pay

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The Employment Appeal Tribunal (EAT) have reached a decision on the controversial topic of whether overtime should have been included into employees holiday pay.  The EAT have considered the cases of Bear Scotland v Fulton and Baxter, Hertel (UK) Ltd v...