It has been reported this month that a contractor has won a significant victory in an IR35 case, in which the contractor escaped a tax bill of as much as £50,000. Although the contractor was successful in appealing against the determination, the sheer size of the figures involved means that it is perhaps worthwhile revisiting the […]
On 17th May 2011, the Department for Business, Innovation and Skills published a new consultation entitled ‘Modern Workplaces’. The consultation focuses on the Government’s plans for flexible, family-friendly employment practices. There are four key elements covered in the consultation: a system of flexible parental leave, a right for all employees to request flexible working, changes […]
The Telegraph reported this month that 48% of companies have now banned Twitter in the workplace. This would appear to be management responding to (a) the impact on productivity that social media distractions can cause; and (b) the fear that employees may post inappropriate content. Whilst technical measures can be taken to ensure that employees […]
A recent High Court case has highlighted that giving negligent references or statements about former or departing employees to their potential new employers can result in claims and awards of compensation. You should be careful when giving references or indeed making general statements about former employees. It is well established in case law that an […]
We have recently been asked a number of questions about drug testing of employees and agency workers. There are numerous and complex legal issues to bear in mind, and we provide here a brief overview. Drug abuse in the workplace Abuse of controlled substances is of course a criminal offence, and it would appear to […]
The date on which notice is given to an employee is important as it will determine when the employment will terminate, which in turn will be the date at which the 3 months time limit to bring a claim at the Employment Tribunal will begin to run. This may be of particular relevance where the […]
‘Whistleblowing’ is the figurative word used for instances where an employee or worker discloses suspected occurrences of wrongdoing or malpractice within their employer organisation. An individual who does ‘blow the whistle’ will be protected in legislation from being dismissed or suffering a detriment as a result of their disclosure and claims in this area can […]
With the pending application of the Agency Workers Regulations, it yet again shows the importance of knowing your legal obligations and understanding what is expected of your business when working in the recruitment industry. This article should provide you with a summary of some of the important things to remember when dealing with clients and […]
The Department of Business, Innovation and Skills (BIS) has published the final version of the guidance to accompany the Agency Workers Regulations 2010 today.
A recent case in the Employment Appeal Tribunal (“EAT”) has highlighted the difficulties faced by respondents in getting a costs order against an unsuccessful claimant. The case of HCA International ltd v May-Beheemul [2010] was regarding an employee who resigned and subsequently lodged claims of disability discrimination, constructive unfair dismissal and detriment on the grounds […]
