Category Archives: Contracts of employment

Helpful new guidance from ACAS on NDAs

sexual harrassment in the workplace
What do we already know? We updated you in our July and August Newsletters on the Government’s consultations in relation to sexual harassment in 2019 (see here and here).  We also updated you in our November Newsletter on the Government’s response to the Women and Equalities Committee’s (WESC’s) report on the use of non-disclosure agreements (NDAs) in discrimination…
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Government reforms (2): IR35 update

What do we already know? We reminded you in our January 2020 Newsletter Government reforms: New year, New law!  that changes to the IR35 rules are due on 6 April 2020 for medium and large businesses in the private sector.  In general terms, under the proposed new regime, the onus will shift from the personal…
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Case update (2):  Employment Status – The Right of Substitution

delivery motorcycle
Summary:  Was a delivery courier a “worker” despite the existence of a contractual right of substitution? Yes, says the EAT in Stuart Delivery ltd v Augustine, available here. Background:  To be legally defined as a “worker”, an individual must be obliged to carry out services personally. If the individual has a genuine and unfettered right…
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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…
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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…
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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…
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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…
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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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