Category Archives: Employees

Holiday Entitlement for term time workers

Should you pro-rata holiday entitlement and pay for those workers who only work part of the year? In a recent case decided by the Court of Appeal the issue of term time workers and their entitlement to holiday was scrutinised. The outcome should simplify things for employers who have term time or part year workers. […]

Asda’s problem: Changing terms and conditions for employees

As retailers face continued pressures, more employers may feel they need to change their terms and conditions of employment in the near future to help combat overheads. It has been announced that Asda’s staff will stage protests on the 14th August 2019 after they were told to accept changes to their contracts or face losing […]

Is it misconduct for an employee to make a covert recording of a meeting?

Can you treat it as gross misconduct? It has increasingly become a common tactic for employees who may be experiencing issues at work to covertly record meetings with their employer.  The reasons for doing so range from the innocuous – for example, a fear of saying something that may be misrepresented – to the insidious; […]

How to reduce Employee stress

Stress at work Employers are required by Health and Safety law to protect their employees mental and physical health and two out of every five workers say that stress at work has affected their health. The causes of stress vary from long working hours, difficult bosses or colleagues, to poor working conditions. Although it is […]

More Change in the “Gig Economy”

Developments in the ongoing ‘self-employed’ v ‘worker’ debate The well-known delivery company Hermes has just reached a deal with the GMB union to create a new “self-employed plus” status for its couriers. This new employment model has been created by Hermes to fix its troubled relationship with their numerous gig economy workers and comes after […]

5 Questions to ask candidates to get a measure of their commitment to the job

Recruitment: Getting the right people For seasonal businesses the annual recruitment exercise will be beginning shortly and here on the Isle of Wight there are a large number of businesses and organisation’s that rely on large numbers of seasonal staff to help them through the busiest times of year. Many of our clients are concerned […]

Worker Status & the ‘Gig’ Economy: Addison Lee Drivers

This is another case in a long line of cases making their way through the Employment Tribunal system about the status of persons who are working in the ‘gig’ economy. This time it involves the drivers who work for Addison Lee. The Law There are currently three status that someone who works for you can […]

Does someone who provides services through a ‘service company’ have employment rights?

Can someone be an employee if they provide “services” through a service company? Yes, on the facts of the recent High Court case of Sprint Electric Ltd v Buyer’s Dream Ltd and another. The Law The law currently distinguishes between three categories of persons: • Employee. • Worker. • Self-employed independent contractor. The distinction in employment […]

Zero-Hour Contracts and Discrimination Rights

Can an employee compare their zero-hour contract with a full-time contract for the purposes of a part-time workers discrimination claim? In a recent case decided by the Employment Appeal Tribunal the question of zero-hour contracts and discrimination was considered. The case is Mr P Roddis v Sheffield Hallam University. The Law Part-Time workers, under the […]

Can an employees claim be struck out by the Employment Tribunal for speaking to the media?

Rules of procedure and evidence in the Employment Tribunal In a recent case decided by the Employment Appeal Tribunal they considered the rules of evidence and an employee’s conduct whilst under oath in the Employment Tribunal. The Law When giving evidence in the Employment Tribunal a witness is required to swear an oath on the […]

Expectation to work long hours gave rise to duty to make reasonable adjustments

‘positive action’ in discrimination

In the case of United First Partners Research v Carreras [2018] an expectation that an employee would work long hours was found to be a provision, criterion or practice for the purposes of bringing a disability discrimination claim for failure to make reasonable adjustments. The Law The Equality Act 2010 (EqA 2010) imposes a duty […]

Top tips for reducing staff turnover & retaining the best staff

Having a high turnover of staff can be costly in terms of both time and money and can prevent growth of a business. It is an issue faced by many businesses and is usually indicative that there are management problems within the organisation. The impact of high turnover of staff includes: • Recruitment costs; • […]

When does the weekly 24-hour rest period have to be given to workers?

Working Time: Rest Breaks In the case of Maio Marques da Rosa v Varzim Sol, the question of when a worker is entitled to take their weekly 24-hour rest break was considered. The Law Under the EC Working Time Directive (2003/88) (the WTD) a worker is entitled to a 24-hour uninterrupted rest period “per each […]

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