Workers don’t have as much employment protection as employees but do have important legal rights such as paid holiday and the right to be paid the national minimum wage. Employment tribunals will look at multiple factors when deciding whether an individual is a worker or self-employed. The main ones are Control – How much control […]
Unfair dismissal
If an employee has contributed to their dismissal, their compensation can be reduced by anything up to 100%. This is called ‘contributory fault’. A tribunal will use its discretion to decide what deduction would be fair in any given case. In Jagex v McCambridge, the Employment Appeal Tribunal looked at whether the conduct in question […]
TUPE
The worker status debate leached into the TUPE sphere towards the end of 2019. A ‘worker’ is defined by section 230(3) of the Employment Rights Act 1996 (ERA) as: An individual who…works under: A contract of employment, or Any other contract…where the individual undertakes to do or perform personally any work…for another party who…is not…a […]
New Employment Legislation
In December 2019, the government set out its plans for new employment law legislation in the Queen’s Speech. Much of it will be familiar from the Good Work Plan and includes: Creating a single labour market enforcement agency to protect the rights of vulnerable workers; Requiring employers to pass on all tips and service charges […]
Hangover Days
How many working days is your business losing to hangovers? This is particularly relevant after the festive season where Christmas parties and social events often fall on a school night. Did your business suffer a flurry of suspicious tummy bugs during Christmas party season? Some businesses are choosing to accommodate hangovers in a different way, […]
Third party harassment
Third party harassment can happen in the workplace when someone other than the employer harasses the employee. This might include patients, customers or visitors. The Employment Appeal Tribunal has recently looked at whether an employer will be responsible for third party harassment. In Bessong v Pennine Care, the employee was a nurse. He was assaulted […]