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Tax treatment of termination payments – simplification at last?
29 November 2016The Chancellor’s Autumn Statement included some welcome news regarding the forthcoming reform of the tax and national insurance (“NI”) treatment of termination payments. The Government launched a consultation to simplify the rules in 2016.
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New PAYE and NIC rules for ‘off-payroll’ workers in public sector confirmed
29 November 2016In May 2016, the Government published a consultation paper outlining proposals to amend the IR35 legislation for workers who provide services, via a personal services company (“PSC”), to a public sector engager, whether directly or through a third party (such as an employment agency or outsourcing firm).
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James Storke on Mental Health issues in the Advertising Sector
15 November 2016Statistics show that mental health problems are becoming particularly prevalent in the advertising industry
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Changing your mind about notice - Article 50, employment contracts and flouncing
14 November 2016The Government may argue in the Supreme Court that its Article 50 notice to leave the European Union may be revoked, according to press reports.
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Is the recent Uber ruling on workers basic rights a game changer
10 November 2016James Storke has written a piece for 'Silicon Roundabout'.
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Uber drivers win first round in employment status dispute
31 October 2016An employment tribunal has ruled that drivers engaged by Uber are “workers”, not self-employed contractors, meaning they will be entitled to national minimum wage, paid annual leave and whistleblower protection
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Court of Appeal confirms holiday pay should include results-based commission
09 October 2016The Court of Appeal has given judgment in the ongoing holiday pay case of British Gas Trading Ltd v Lock and another, which raises the question of whether and how a salesman’s commission should be taken into account when calculating his holiday pay.
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Shared parental leave and sex discrimination
06 October 2016The first case about the amounts paid to men and women on shared parental leave has been decided by an Employment Tribunal in Glasgow.
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Baby steps…or a step too far?
08 September 2016The Women & Equalities Committee recently published its inquiry findings on workplace pregnancy and maternity discrimination. This inquiry was launched after research last year by Department for Business, Innovation & Skills and the Equality and Human Rights Commission found that discrimination towards pregnant women and new mothers had doubled since similar research was carried out in 2005.
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Calculating holiday pay new ET decision on voluntary overtime
23 August 2016Last year, we reported on a decision of the Northern Ireland Court of Appeal that voluntary overtime might have to be included in the calculation of statutory holiday pay if it was a sufficiently permanent feature of remuneration.
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Tax treatment of termination payments - the sting in the tail
16 August 2016In 2015, the Government launched a consultation to simplify the tax and national insurance (“NI”) treatment of termination payments. As previously reported, following that consultation the Government announced that it proposed to amend the rules with effect from 6 April 2018.
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Gender pay gap reporting - regulations delayed
16 August 2016There is to be a delay in publication of the final regulations on gender pay gap reporting, it has been confirmed by the Government Equalities Office (“GEO”).
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Just a bit of banter - or endemic sexual harassment?
12 August 2016More than 52% of women surveyed said they had been sexually harassed at work, according to a new report by the Trades Union Congress in conjunction with the Everyday Sexism Project. Perhaps even more surprising than that headline figure is the fact that 79% of the women who said that they had experienced harassment did not inform their employer
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Clarification on application of Acas Code
01 August 2016Two recent rulings of the Employment Appeal Tribunal (EAT) have clarified the application of the Acas Code of Practice on Disciplinary and Grievance Procedures, by confirming it does not apply to genuine ill-health dismissals or dismissals for “some other substantial reason” (SOSR) due to a breakdown in the working relationship.
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A teaser from Theresa - workers on company boards
25 July 2016One of the early surprises of Theresa May’s premiership was her extraordinary pledge that employees should be represented on company boards.
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Brexit - what now for TUPE?
21 July 2016Following the UK’s vote to leave the European Union, much is being discussed and written about the future shape of post-Brexit employment law, shorn of the requirement to comply with underlying EU directives.
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Gender pay gap reporting and Simpson’s Paradox
05 May 2016The draft gender pay gap reporting regulations were published early this year.
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Latest ruling on holiday pay and commission
24 February 2016The Employment Appeal Tribunal (“EAT”) has confirmed that UK law can and should be interpreted to give effect to the decision of the European Court of Justice (“ECJ”) that results-based commission must be taken into account when calculating workers’ holiday pay (British Gas Trading v Lock).
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New protections for workers on zero-hours contracts
17 November 2015Earlier this year, we reported on the Government’s ban on the use of exclusivity clauses in “zero-hours contracts”. The ban, which came into force in May, renders unenforceable a contractual provision which prohibits an individual working under a zero-hours contract from working elsewhere. The Government has recently proposed new legislation designed to add teeth to the ban, giving employees and workers the right to bring a tribunal claim if they are penalised for working elsewhere.
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A glitch in time – European Court rules on travelling as ‘working time’
11 September 2015The European Court of Justice (“ECJ”) has ruled that, for workers with no fixed or habitual place of work, travelling time to and from the first and last customer appointments of the day should count as “working time” for the purposes of the EU Working Time Directive (“WTD”).