A recent case serves as a reminder that you cannot appeal to the Employment Appeal Tribunal (‘EAT’) against a decision of an Employment Tribunal, unless it is on a point of law only. The EAT will not hear an appeal which relates to a disputed fact in a case. In this case, an employee who […]
The Court of Appeal has ruled that an employer does not have to include a bonus in payments made to an employee when their employment ends if the contract allows this. In this case the contract allowed for a bonus to be paid after 12 months of employment and stated ‘you must be employed by […]
With many lower paying agencies and umbrellas worried about expenses and the National Minimum Wage (NMW), the Cordant Group PLC has lodged a judicial review. The application challenges the proposed amendments to NMW legislation due to come into effect on 1st January 2011. The amendments will prevent travel expenses from counting as income for the […]
Employers and recruiters can breathe a sigh of relief as the EU Council has rejected proposals for the right to 20 weeks’ fully paid maternity leave. Currently in the UK, employees and qualifying agency workers are entitled to up to 39 weeks of maternity leave, the first 6 weeks of which is to be paid […]
Recruitment company hit as, for the first time, the Information Commissioner’s Office (ICO) exercises new powers to serve penalties for serious data protection breaches. We reported earlier this year that the enforcement powers of the ICO had been extended. The new powers allow the ICO to issue a penalty notice up to the value of […]
The Association of Recruitment Consultancies (ARC) welcomes the Government’s commitment to end “gold plating” announced by the Business Secretary Vince Cable on 15th December. Adrian Marlowe, Chairman of the ARC commented “This is a very welcome move by the Government. No one is asking for favours, all that is needed is for the Government to help […]
The Association of Recruitment Consultancies (ARC) has reported that it has been invited by the Department of BIS to work with it on drafting promised guidance for the Agency Workers Regulations. The Department has indicated that it plans to issue guidance as soon as possible on the Regulations that are due to apply from October […]
The announcement made this week states that a new Finance Bill will introduce the measures in April 2011. The draft rules include anti-forestalling measures to stop upfront payments or arrangements being made from 9th December and before the legislation takes effect. According to the Treasury, the legislation will “ensure that where a third party makes […]
A recent case has reminded employers that when they are communicating a decision to dismiss an employee for gross misconduct without notice, the best course of action is to inform them of that decision in a face-to-face meeting and hand them a letter confirming the decision there and then. If an employer has to communicate […]
The Court of Appeal has decided that Mr Tilson, who was employed by an umbrella company and provided services via an agency to the end hirer (Alstom), was not an employee of Alstom. Mr Tilson was trying to bring a claim of unfair dismissal against Alstom. This case is particularly interesting because there were elements […]
