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Author Archive: Jodele McConnachie

Theresa May: EU migrants will not get preferential treatment post-Brexit

Posted by on October 2nd 2018 in Blog Posts, Employment

Currently all European Union (“EU”) nationals can live and work in the UK under the Union’s rules regarding free-movement of people. However, post-Brexit plans announced by Theresa May at the Conservative Party Conference today indicate this will all change once the UK leaves the EU.

The proposals would mean that applicants from any country (including those within the EU) will have to meet certain requirements, such as a salary threshold. This system would therefore be geared in favour of more highly skilled workers, and not just based on their country of origin.

Successful applicants would also still be entitled to bring their...

Theresa May has Pledged to Stop High Street Restaurant Chains Deducting Money from Employee's Tips

Posted by on October 1st 2018 in Blog Posts, Employment

Theresa May has Pledged to Stop High Street Restaurant Chains Deducting Money from Employee's Tips

Theresa May has announced planned legislative action aimed at stopping high street chains deducting up to 10% from tips received by their staff. Theresa May said of the Government’s plans:

We will introduce tough new legislation to ensure that workers get to keep all of their tips - banning employers from making any deductions. It's another way we are building an economy that works for everyone."

The current position

The stance restaurants take towards staff tips differs greatly, with some keeping all the tips, some taking a percentage, and some allowing their staff to keep all tips earned. There are also differences...

Parents who Lose a Child to be Entitled to Bereavement Leave

Posted by on October 1st 2018 in Blog Posts, Employment

Parents who Lose a Child to be Entitled to Bereavement Leave

Parental Bereavement (Leave and Pay) Bill received Royal Assent:

The Parental Bereavement (Leave and Pay) Bill (the Bill) introduced a new entitlement for parents to take leave following the death of their child. The proposals set out in the Bill were approved by Parliament on 13 September 2018, making the Bill now the Parental Bereavement (Leave and Pay) Act 2018 (the PBA 2018). This is the first piece of UK legislation that addresses this issue, aiming to support those who are affected by the tragedy of losing a child, and is expected to come into force from 2020.

Holiday Pay - NHS Payments

Posted by on July 31st 2018 in Blog Posts, Employment

Flowers and Others v East of England Ambulance Trust: NHS Contractual Terms Require Non-Guaranteed and Voluntary Overtime to be Included in Holiday Pay Calculations

This case arose from the Claimant employees, employed by the Trust in a range of roles concerning the provision of ambulance services, contending that the calculation of their holiday pay should take account of both non-guaranteed overtime and voluntary overtime.

The Employment Tribunal (“ET”) allowed the contractual claims in respect of non-guaranteed overtime, but dismissed the claims in respect of voluntary overtime, with the ET accepting the Trust’s argument that voluntary overtime was in a different category....

Court of Appeal Decision: 'Sleep-In' Payments not subject to National Minimum Wage

Posted by on July 23rd 2018 in Blog Posts, Employment

Court of Appeal Decision: 'Sleep-In' Payments not subject to National Minimum Wage

In its consideration of two similar cases involving residential care home workers, Royal Mencap Society v Claire Tomlinson Blake and John Shannon v Jaikisham and Prithee Rampersad (t/a Clifton House Residential Home), the Court of Appeal held that employees who sleep overnight as part of their duties are only entitled to the National Minimum Wage (“NMW”) while they are awake and working, not for the entire duration of their sleep-in shift.

The Royal Mencap Society went to the Court of Appeal in March this year to challenge the Employment Tribunal ruling from 2016, which had been upheld on Appeal to the Employment...

ACAS’ New Guidance: Overtime

Posted by on June 26th 2018 in Blog Posts, Employment

ACAS’ New Guidance: Overtime

ACAS have published new guidance relating to overtime, which covers five key areas summarised below. 

  1. Is overtime compulsory or voluntary?

The Guidance covers, and gives examples, of the following types of overtime:

a) Voluntary Overtime

This is where there is no obligation upon an employer to offer overtime, and no corresponding obligation upon the worker to accept it if offered.

b) Guaranteed Overtime

This is where an employer is under a contractual obligation to offer overtime to the worker, who in turn must accept it.

c) Non-Guaranteed Overtime

This is where there is no contractual obligation for overtime to be offered by the employer, but if...

CASE UPDATE: Summary Dismissal Can Be Fair Without a Single Act of Gross Misconduct

Posted by on May 30th 2018 in Employment

Mr Mbubaegbu v Homerton University Hospital NHS Foundation Trust

The Facts

The Claimant, of black African origin, was a consultant surgeon at the Respondent hospital. He was dismissed for multiple breaches of the new internal reporting procedures introduced by the hospital.

The Claimant had worked at the hospital for 15 years, and had not been subject to any disciplinary proceedings prior to those which led to his dismissal for gross misconduct on 22 February 2016. None of the 22 allegations in themselves amounted to gross misconduct.

Several employees in the Claimant’s department faced similar disciplinary proceedings, but the Claimant was the only one...

Charity Trustees – Talking to Carolyn Giles

Posted by on February 28th 2018 in Blog Posts

Charity Trustees – Talking to Carolyn Giles

Carolyn Giles is a Strategic HR Consultant with over 20 years experience across a range of sectors, including Charities, GP Practices, hospitality and social enterprises.  

Carolyn specialises in conducting HR investigations, some of which have been  within the Third Sector. Third Sector organisations benefit from Carolyn’s experience, as it means the impartiality of any investigation conducted cannot be called into question. Charities are under a high level of scrutiny from the public and government alike, so any decisions made need to be clearly evidenced and supported.

A big issue that Carolyn has seen emerging within the Third Sector is the lack...

Rise in Voluntary Living Wage Rate

Posted by on November 8th 2017 in Blog Posts, Employment

It has been announced that Voluntary Living Wage (VLW) is set to rise by 30p per hour across the UK to a rate of £8.75 per hour. Within London, it is set to rise further by 45p, taking the rate of pay to over £10.00 for the first time, at £10.20 per hour. This represents a 3.6% and 4.6% rise respectively.

This will be a positive change for some 150,000 workers who are employed by the 3,500 firms who have signed up to the VLW Scheme. Employers who have signed up include large companies such as Heathrow Airport, IKEA, Google and...

Failure to Conduct Breastfeeding Risk Assessment Constitutes Employee Sex Discrimination, CJEU decides

Posted by on November 6th 2017 in Blog Posts, Employment

In Ramos v Servicio Galego de Saúde the Court of Justice of the European Union (CJEU) held that a failure by an employer to conduct an appropriate risk assessment for a breastfeeding female worker constituted direct discrimination.

The case involved an A&E nurse, who went to her employer with concerns that her working conditions (ie. long hours, stress, exposure to ionising radiation etc.) were having an affect on her ability to breastfeed her child. The employee then requested a change to her working patterns to accommodate breastfeeding her child and for preventative measures to be put in place, this was rejected on the...

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