Article Category: Employment Law & HR – Insight & Opinion

New Rules Announced for Keeping Children Safe in Education

Schools will be familiar with the DfE’s ‘Keeping Children Safe in Education’ and ‘Working Together to Safeguard Children’ documents. A recent update which will be published on 2nd September 2019 has further strengthened the requirements for schools and academies, and will bring about a new Keeping Children Safe in Education 2019 document. The document is… Read more »

Term Time Workers’ Holiday Pay Should Not Be Pro-rata

The Court of Appeal has confirmed that term time workers’ holiday pay should not be on a pro-rata basis, but should instead be calculated using their average earnings over the preceding 12-week period. Lord Justice Nicholas Underhill stated that the working time regulations did not require leave for workers to be reduced to a pro-rata… Read more »

Christian Doctor Claims He Was Victim of Discrimination at Work

A Christian doctor, Dr Mackereth, told an Employment Tribunal that he was dismissed from his position as a benefits assessor by the Department for Work and Pensions (DWP) due to his religious beliefs. He argued that he was the victim of discrimination at work when he refused to refer to ‘a 6ft tall bearded man’… Read more »

Millions More Could Soon be Eligible for Statutory Sick Pay

The government has recently announced a review of Statutory Sick Pay (SSP). The review will look to tackle some of the major challenges presented by the modern-day working world where far too many people are quitting work after a period of sickness absence and many people now work on freelance or short-term contracts (known as… Read more »

Do I Have to Approve a Request for Flexible Working?

All employees, not just parents and carers, who have worked continuously for their employer for at least 26 weeks may apply to work flexibly. The application should be made in writing, stating their intended start date, details of how they wish to work, potential impact on the business with any possible solutions to overcome this… Read more »

Restrictive Covenants and The Blue Pencil Test

Restrictive covenants are commonly incorporated into employment contracts in order to restrict a former employee’s actions post-termination and to protect the company’s legitimate business interests. Recently, the Supreme Court considered restrictive covenants that appeared to be wider than was reasonable and therefore potentially unenforceable. The question to be determined was whether words could be severed… Read more »

Enhanced Maternity Pay – Is This Discriminatory?

In May 2018, the Employment Appeal Tribunal (EAT) reported that international professional services company, Capita, paid its female employees enhanced maternity pay – however the same was not offered on the rates of pay for paternity or shared parental leave (SPL). The EAT held that this was not discriminatory, however the case was subsequently sent… Read more »

Agricultural Workers’ Rights: What’s the Correct Level of Pay?

Agricultural Workers’ rights and pay in the agricultural sector can often leave many employers confused and unaware of the complex provisions. Keeping up to date with employment legislation can be vital to ensure you are not caught out. Particularly when the government typically introduces new legislation each spring. What are Agricultural workers’ rights? Firstly, the… Read more »