Category Archives: Contracts of employment

Case update (1): Agency workers – Terms & conditions

picture of various workers
Summary:  Are agency workers entitled to apply and be considered for vacancies on the same terms as directly-recruited employees under the Agency Workers Regulations 2010? No, held the EAT in Angard Staffing Solutions Ltd & anor v Kocur & anor, available here. Background:  The Agency Workers Regulations 2010 (AWR) were introduced to ensure that the…
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Case update (2):  Employer’s liability – the tribunal finds nothing to laugh about in an employee’s practical joke

Summary: Is an employer liable for an employee’s practical joke that causes another person personal injury? No, says the High Court in Chell v. Tarmac Cement and Lime Ltd available here.  The incident was unconnected to any instruction given by the employer to the employee in relation to his work and could not be said…
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Government reforms (1): Non-compete clauses – consultation

reading employment contract
What do we already know? Some time ago (2016!) the Government introduced a ‘call for evidence on restrictive covenants, particularly non-compete clauses(Government reforms (1): Restrictive covenants – call for evidence).  They wanted to seek “views from individuals and employers on whether this type of restrictive practice is acting as a barrier to innovation and employment…
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Government reforms (2): Public sector exit payments – CAPS LOCK ON…

[Restriction on Public Sector Exit Payments now in force, imposing a cap of £95,000 on exit payments for majority of the public sector] What do we already know? We updated you in our September Newsletter Government reforms: Public sector exit payments – CAPS LOCK ON… on the Government’s proposal that exit payments to public sector…
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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 and May 2019 Newsletter Government Reforms (1): Public Sector Exit Payments – CAPS LOCK ON… that the Government proposed that exit payments to public sector workers should be capped at £95,000 (which include pay in lieu…
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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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