Category Archives: Contracts of employment

Bank Holidays: Christmas and beyond…

may 8th 2020
Dealing with bank holidays, including over the Christmas holidays, can cause headaches for employers.  To add to the complications, this year the Government decided to change the 2020 May Bank Holiday.  We unpick some of these issues below. 1. Christmas Employers may receive requests from employees who either want to work the bank holidays over…
Continue reading


Government reforms (1):  Non-disclosure agreements (NDAs) – Response to WESC report

sexual harrassment in the workplace
What do we already know? In June 2019, the Women and Equalities Select Committee (WESC) published its report on the use of confidentiality clauses, which are also known as Non-Disclosure Agreements (NDAs), in discrimination and harassment cases. The WESC concluded that the imbalance of bargaining power between employers and employees is a key driver behind…
Continue reading


Settlement Agreements: Cost of Legal Advice 

signing an agreement
What do we already know? Settlement agreements are often used to agree a settlement to a dispute with an employee, or bring an end to the employment relationship in an amicable way. An employee agrees to waive any claims against their employer in return for a compensation payment. In order for this waiver to be…
Continue reading


New Guidance – 2. EHRC Guidance on NDAs in Discrimination Cases

signing an agreement
What do we already know? We updated you in our August 2019 Newsletter (Government reforms (3): Response to Consultation on Confidentiality Clauses) that the Government has said that it will legislate to ensure that limitations on non-disclosure agreements (NDAs) are set out clearly in written statements of employment particulars and in settlement agreements.  The Government…
Continue reading


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…
Continue reading


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…
Continue reading


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…
Continue reading


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. …
Continue reading


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…
Continue reading


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…
Continue reading