Category Archives: Contracts of employment

E-Signatures

e-signature
Although not quite as important as Brexit (!), you maybe interested to know that the Law Commission has confirmed electronic signatures (e-signatures) are valid and can be used to execute documents.  This includes when there is a statutory requirement for a signature. The Commission’s view is based upon both legislation and court decisions relating to…
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Government Reforms (2):  Good Work Plan – One-Sided Flexibility 

employment status
What do we already know? The Taylor Review of Modern Working Practices (‘the Taylor Review’), made detailed recommendations for reform of UK employment law.  For further detail on the background of this Review please see our updates here. The Government’s response to the Taylor Review was the ‘Good Work’ plan in which it sets out its…
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Case Update (2):  Happy Holidays! Pay for Term-Time Workers

holiday pay
What do we already know? We updated you in our March 2018 Newsletter Case update (2): Happy holidays! Pay for term-time workers that the EAT had decided in Brazel v The Harpur Trust that holiday pay for staff who work irregular hours should be calculated using the standard 12-week reference period required under the Working…
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Government Reforms (3):  Response to Consultation on Confidentiality Clauses

contract
What do we already know? We updated you in our March 2019 Newsletter Government reforms (2): Consultation on confidentiality clauses that the Government had published a Consultation asking for views on new measures to prevent the misuse of ‘NDAs’ – what we employment lawyers call confidentiality clauses – in situations of workplace harassment or discrimination. …
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Case Update (1): Agency Workers – Hours of Work

picture of various workers
Summary:  Are agency workers entitled to the same number of working hours per week as permanent employees? No, says the Court of Appeal in Kocur v Angard Staffing Solutions Ltd available here. Background:  The Agency Workers Regulations 2010 (AWR) were introduced to ensure that the basic terms and conditions of temporary agency staff are the…
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Case Update (2):  Holiday Pay and Breaking the Chain

holiday pay
Summary:  Does a gap of more than three months break a ‘series of deductions’ in an unlawful deduction from wages claim? No, held the Court of Appeal in Northern Ireland (‘NICA’) in Chief Constable of Northern Ireland Police v Agnew available here. Background:  Under Article 7 of the Working Time Directive (WTD), EU Member States…
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Case Update (1): Holiday Pay and Voluntary Overtime

holiday pay
What do we already know? We updated you in our July 2018 Newsletter Case update (1): Holiday pay and voluntary overtime on the EAT’s decision in Flowers v East of England Ambulance Trust that non-guaranteed and voluntary overtime pay, paid over a sufficient period of time, should be included in calculating holiday pay under contractual…
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Government Reforms (1): Public Sector Exit Payments – CAPS LOCK ON…

What do we already know? We updated you in our October 2015 Newsletter Government reforms (1): Cap on exit payments that the Government proposed that exit payments to public sector workers should be capped at £95,000 (which include pay in lieu or notice, redundancy and ex gratia payments). There was also a consultation at this time and…
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Case update (1): Personal liability of company directors

human trafficking
What do we already know? We updated you in our June 2016 Newsletter Government reforms (1): Modern slavery – dont ignore it! that a UK ‘chicken-catching’ business (DJ Houghton Catching Services Ltd) had been found civilly liable for victims of trafficking and modern slavery. It was the first legal ruling against a British gangmaster business…
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Guidance: Holiday pay

holiday pay
The Government has published guidance (available here) on how to calculate statutory holiday pay for workers without fixed hours or fixed rates of pay. The guidance is intended to help employers pay the correct amount of holiday pay for all their workers.  It is a practical guide designed to respond to specific questions employers may…
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