Article Category: Employment Law & HR – Insight & Opinion

Are workers entitled to reschedule sickness-affected holiday?

The current position is that if an employee is absent due to ill health reasons before and then during what was pre-booked annual leave, they should, as far as the Working Time Directive is concerned, have the right to reschedule the holiday for a later date. If that employee remains off sick until the end… Read more »

Disability Discrimination Claims are on the Rise

The number of people making claims for disability discrimination in the Employment Tribunal has soared by 37% compared to last year. With Employment Tribunal claims in general rising only 4% that means the number of disability discrimination claims has risen more than eight times faster than the growth of all tribunal claims. Why? What’s caused… Read more »

Avoiding Automatic Unfair Dismissal Claims During a TUPE Transfer

In a recent Court of Appeal case, an employee who worked as a cashier in a wine wholesale business for over 10 years was dismissed on the day the business was due to transfer to new ownership. The reason for dismissal, as stated in the dismissal letter, was that company was ceasing to trade due… Read more »

Should Voluntary Overtime be Factored into your Holiday Pay?

In the recent case of Hein v Holzkamm GmbH and Co KG, the European Court of Justice (“ECJ”) indicated that voluntary overtime should not be factored into holiday pay. The ECJ stated ‘given its exceptional and unforeseeable nature, remuneration received for overtime does not, in principle, form part of remuneration’. This decision now casts doubt… Read more »

What are the Benefits of a Good Occupational Health Report?

Sickness absence can be extremely expensive, potentially disruptive and can have a significant impact on the productivity and welfare of colleagues due to increased workloads. A good Occupational Health (“OH”) specialist can be the key for the effective absence management to the benefit of the employer and, often the employee. What should you expect from… Read more »

The Government’s Proposed Changes to Employment Law Legislation

In November 2016, the government launched a review of employment practices. The main purpose was to consider the implications of new models of working, including those used in the GIG economy, on the rights and responsibilities of workers, as well as on employer freedoms and obligations. For this, an independent review was undertaken and published… Read more »

Former GB cyclist appeals tribunal ruling on employment status

Jess Varnish, winner of a gold medal at the 2011 European Championships, has lodged an appeal against her employment status loss at Manchester Employment Tribunal against British Cycling and UK Sport. What is Varnish’s employment status? In December 2018, after several weeks of deliberation, the Manchester Employment Tribunal ruled the former British cyclist was neither… Read more »

What is a Non-Disclosure Agreement (NDA) and when is it used?

Non-Disclosure Agreements (NDA) are frequently used to protect confidential information being revealed either publically or, in the commercial sense, to a competitor. These agreements, between employer and employee, will stipulate what information must remain confidential and under what, if any, circumstances the information can be used or disclosed. Are Non-Disclosure Agreements a new phenomenon? Although… Read more »