Category Archives: Contracts of employment

Coronavirus (COVID-19):  Returning to the workplace

The post lock-down journey has begun as businesses start to re-open their offices and other workplaces.  This raises a number of concerns for employers and we consider some of the key issues below. Working safely On 11 May, the Government issued eight separate workplace guides (available here) on working safely during the Coronavirus pandemic. These…
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Government reforms (6):  Guidance – holiday pay

holiday
What do we already know? We updated you in our April Newsletter Government reforms (2): April changes – are you ready? that from 6 April 2020 the period over which average holiday pay is calculated for employees without normal working hours, or who have variable remuneration, is being extended from 12 to 52 weeks. What’s…
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Case update: Employer’s liability – it’s less likely!

liable
What do we already know?  We updated you in our August 2018 Newsletter Case update (1) Employer’s liability – it’s more likely on the Court of Appeal’s decision in Barclays Bank plc v Various Claimants that Barclays was liable for the conduct of the late Dr Gordon Bates who was an independent contractor who conducted…
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Government reforms (3):  IR35 reforms – delayed!

IR35
What do we already know? We reminded you in our January 2020 Newsletter Government reforms: New year, New law!  of the changes due to the IR35 rules on 6 April 2020 for medium and large businesses in the private sector. For more information on the IR35 reforms in the private and charity sectors see our Blogs here. What’s…
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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

IR35
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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