Recent Articles

Employment Compensation Claims

October 27, 2017 | Employment

Where an Employment Tribunal makes a finding of unfair dismissal, it will assess the amount of the basic award payable by reference to a week’s wages.  The legislation caps the amount of a week’s wage at £489 (currently).  This means that, if an employee earns at the rate of £600 a week, their entitlement will(Read more)

Employment Clawbacks

September 08, 2017 | Employment

When an employer uses a recruitment agency for the purposes of finding new staff, a fee will be payable once a new employee has started work.   Almost always, that fee will be payable in full unless the employer brings the employment to an end within a short time period – possibly no more than 6(Read more)

Checking Up on Facebook

August 11, 2017 | Employment

An employer seeking to recruit a new member of staff may be sifting through a number of completed application forms.  Before choosing who to interview, the employer might want to take a short cut.  What if a candidate were active on social media?  Wouldn’t it make sense to see if he/she has a Facebook account(Read more)

Employment Restrictions Operating After the End of the Contract

August 03, 2017 | Employment

Egon Zehnder Ltd v Tillman [2017] EWCA Civ 1054 (21 July 2017) Many employment contracts for more senior people contain covenants which seek to prevent the employee from various activities following his or her departure.  Typically, such restraints will provide a period of time during which the ex-employee cannot poach staff, seek to gain business(Read more)

What about the workers? And who is a worker?

February 17, 2017 | Employment

When HH Judge Charles Harris QC retired from his position as senior judge at the Oxford Combined Courts in February of this year, he took the opportunity of lamenting the vast proliferation of laws introduced by successive governments such that it was impossible for those practising in the law, let alone the public at large,(Read more)

Data Protection Offence

February 03, 2017 | Employment

The facts are not unusual.  The outcome is salutary. One Rebecca Gray was working for a recruitment company in Widnes.  She decided to leave and join another recruitment agency.  Before leaving, she accessed her current employer’s database and emailed the details of about 100 potential workers to her home address with a view to using(Read more)

Tax and Payments in Lieu of Notice

November 16, 2016 | Employment

Many employment contracts contain provisions which enable the employer, without breaching the contract, to pay salary in lieu of notice when terminating an employee’s contract.  These clauses are generally known as PILONs (Payments in Lieu of Notice).  But for such provisions, an immediate termination of contract followed by a payment in lieu of what the(Read more)

Planned Changes to the Taxation of Payments Made on Termination of Employment

September 28, 2016 | Employment

HMRC and the Government have published draft legislation that is due to come into effect in April 2018. The rationale behind this is set out in paragraph 12 of a consultation document published on 10 August 2016.  Paragraph 12 of the document headed “Preventing manipulation” states the following: “The government is aware that some employers(Read more)

Government Response to Employment Aspects of the Impact of the Equality Act 2010 on Disabled People

September 02, 2016 | Employment

On 24 March 2016 the House of Lords Select Committee (the Committee) published a report on the Equality Act 2010 (the Act) and its impact on disabled people. The Committee had been tasked with examining the Act to see whether it adequately tackles disability discrimination. In its report the Committee made many recommendations relating to(Read more)

Are You Carrying Out the Correct Employee Checks?

August 18, 2016 | Employment

From 12 July 2016, new regulations (The Immigration Act 2016 (Commencement No. 1) Regulations 2016), which were made on 23 May 2016, brought in provisions relating to illegal working and earnings of illegal workers. A new post was created, the Director of Labour Market Enforcement. The holder of this post will be tasked with overseeing(Read more)