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Archive for the: Employment category

Dress Codes

Posted by on May 29th 2018 in Blog Posts, Employment

A number of recent high profile cases has resulted in the issue of workplace dress codes being addressed by the Government.

The Government Equalities Office has published new non-statutory guidance for employers, who set dress codes, and employees and job applicants, who may have to abide by them: Dress Codes

The guidance is summarised as follows:

  • A workplace dress code is a set of standards that employers develop about what is appropriate for employees to wear to work.

  • Dress codes can be a legitimate part of an employer’s terms and conditions of employment.

  • Dress policies for men and women...

Protecting your business – Shareholder Agreements

Posted by on May 25th 2018 in Blog Posts, Corporate, Employment

Protecting your business – Shareholder Agreements

What is a Shareholders Agreement?

A Shareholders Agreement is an agreement entered into between the Shareholders in a Company.

The Shareholders Agreement regulates how the Company is run, the relationship between the Shareholders and how the shares are to be held and protected.  Its purpose is to protect the Shareholder’s investment in the Company and establish a fair relationship between the Shareholders.

An agreement can provide for many eventualities and will contain specific important practical rules relating to the Company and the relationship between the Shareholders.

Why have a Shareholders Agreement?

When setting up a Company,...

Practitioner's Insights: The Dismissal Letter

Posted by on May 24th 2018 in Employment

Practitioner's Insights: The Dismissal Letter

Given the significant increase in litigation since the abolition of Tribunal Fees, we share our Practitioner’s insights on how to avoid or manage Tribunal litigation.  This month, we discuss the importance of a well drafted dismissal letter.

During my very first few weeks in the job, a wise man (Read: Rhodri) told me to “make your letter the only one the Tribunal Judge needs to read”.  As much as it pains me to admit this, he is right.  We see all too often a client who has shied away from giving the warts and all account in a dismissal letter to...

Apprenticeship or Apprenticescam?

Posted by on April 25th 2018 in Blog Posts, Employment

The purpose of an apprenticeship is to enable a person to train on the job and gain a qualification at the end of the apprenticeship.

Apprenticeships are intended to be for skilled roles which require training to reach the standards required, along with providing the apprentice with transferrable skills. The minimum rate of pay for apprentices ranges from £3.70 an hour for anyone in their first year of an apprenticeship to £7.38. The benefit to the employer is that they get people to work for them at a low cost to them and they receive government support for this. In exchange...

The Battle Around Occupational Pay for Shared Parental Leave Continues

Posted by on April 24th 2018 in Blog Posts, Employment

The recent case of Capita Customer Management v Ali has highlighted that, despite recent encouragement for new fathers to consider taking shared parental leave following the birth of their child, they still do not have equal rights with mothers to provide care to their new born under Occupational Maternity Pay schemes..

Background

Mr Ali’s wife ended her maternity leave two weeks following the birth of their child, and made the decision to transfer the balance of her maternity leave to him under the statutory shared parental leave scheme. Her decision stemmed from a diagnosis of post-natal depression, and a recommendation from medical...

Illegal Working Fines of £9 Million Issued in Third Quarter of 2017

Posted by on April 5th 2018 in Blog Posts, Employment

Illegal Working Fines of £9 Million Issued in Third Quarter of 2017

UK Visas and Immigration have published a quarterly report outlining the total number of fines for illegal working given to employers across the United Kingdom.

The report highlights that 826 illegal workers were found across the UK between 1 July and 30 September 2017 – an increase of 24% from the previous quarter.

600 penalties were issued to employers, amounting to fines of over £9.5 million.

It is important for employers to remember that they may be sent to jail for 5 years, or pay an unlimited fine if they are found guilty of employing someone who they knew or had ‘reasonable cause...

Employers Named and Shamed in National Minimum Wage Crack Down

Posted by on April 5th 2018 in Blog Posts, Employment

Following the government’s “naming and shaming” of employers that have failed to pay their staff the appropriate national minimum wage, it has been revealed that a further 180 employers will now have to pay £1.1 million to workers, and £1.3 million in fines.

The employers include well-known restaurant chains such as TGI Fridays and Wagamamas, although it has been revealed that employers in the hairdressing and hospitality sectors were in fact the biggest offenders, with arrears totalling over £500,000.

The news follows the Department of Business, Energy and Industrial Strategy publishing a list of 359...

Latest ACAS Statistics

Posted by on April 1st 2018 in Employment

ACAS has recently published its quarterly statistics for the 9 month period between April 2017 and December 2017.

Between April 2017 and July 2017, ACAS received around 1,600 notifications per week.

However, following the removal of Employment Tribunal fees, this has now risen to approximately 2,200 notifications each week.

According to the figures, early conciliation was successful in 17% of cases. Of those that did not succeed at this stage, 26% progressed to a tribunal, with the remainder falling away.

Of the 26% which did progress to tribunal, 21% settled through a COT3 agreement and 5% were withdrawn by the Claimant. Only 7% were...

Publishing the Gender Pay Gap – Time is Ticking!

Posted by on March 23rd 2018 in Employment

With two weeks to go before the deadline to publish Company gender pay gaps, reports have revealed that only a third of employers have disclosed the average difference between what they pay male and female employees.

The government has warned that non compliant companies will face legal action, with the Equality and Human Rights Commission further supporting this, and highlighting that they will be “fully enforcing” the pay gap legislation starting with a robust letter to companies that do not report by the deadline.

If firms continue to fail to publish their figures, they could...

Supreme Court Decision on Failure to Disclose Relationship

Posted by on March 22nd 2018 in Blog Posts, Employment

Supreme Court Decision on Failure to Disclose Relationship

The Supreme Court has decided on the appeal of a former head teacher of a primary school who was dismissed for a failure to disclose her relationship with a convicted child sex offender. This decision highlights the importance of the timing of disclosure of information so that the risks can be properly considered and appropriate action taken.

The facts of the case are summarised as follows:

  • Ms Reilly (R) qualified as a teacher in 1987.

  • R met Mr Selwood (S) in 1998 and developed a close friendship with him. The pair bought an investment property together and S lived there. R occasionally stayed...

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