Automatically unfair dismissal
It is a common misconception that an employee can be dismissed without the need to provide a fair reason and follow a fair process, as long as they have not yet accrued two years’ continuous service with their employer. On the contrary, however, there are certain circumstances in which a dismissal may be classed as […]
Employment case law update March 2021
Read on for our monthly digest for employers on upcoming employment law changes and key employment cases that have recently been decided. Equal pay Asda Stores Ltd v Brierley Thousands of Asda shop floor workers have won the latest round in their legal challenge for equal pay. The case rests on the argument that store […]
Short time working: employer guidance
Short time working is when you reduce the hours of some or all of your employees, or pay them less than half a week’s pay. This could be during periods of lower demand or slowdown in the amount of work available. The employee should receive full pay unless their contract allows unpaid or reduced pay. […]
Retention of HR records
All employers, regardless of their size, will need to collect and retain certain data relating to each member of staff that they employ. HR records can cover a wide range of data relating to working for an organisation and arising naturally throughout the lifecycle of a person’s employment, from their job application and proof of […]
How to write a redundancy letter
Employers have to act fairly and lawfully when making employees redundant. Communication with affected employees will be critical as you move through the redundancy process, to update employees, meet your legal obligations and avoid the risk of tribunal claims. Role of the redundancy letter Written notices will typically be needed to notify and inform employees […]
Directors’ remuneration: best practice guide
Directors’ remuneration refers to how directors of a company are compensated by a company for their services usually fees, salary, use of company property or other benefits. The packages are first approved by shareholders and the board of directors. A number of regulations apply to how directors can be compensated, as well as best practices which […]
Directors’ service agreement: protect your business
Directors have specific statutory duties and responsibilities in relation to the organisation, which should be addressed within a directors’ service agreement. More than a compliance requirement, the agreement can also be used by the business to protect its interests in the event of the director’s exit. What is a directors’ service agreement? In many cases, […]
How to avoid redundancy
Employers have to take steps to avoid redundancy by considering alternative measures. It is also generally in the organisation’s interests to exhaust all alternatives to redundancy, given the legal risks and impact on workforce morale that inevitably come with undertaking a redundancy process. The options to consider will depend on the employer’s reasons for redundancy and […]
Avoiding discrimination in recruitment
Under the Equality Act 2010, individuals are protected from unlawful discrimination in the workplace. Unlawful discrimination refers to unfair treatment because of a particular protected characteristic. These protections apply across the employment lifecycle, from the initial recruitment and selection stage, right through their period of employment to contract termination. This means an individual who has been discriminated […]
Employment case law update February 2021
Read on for our monthly digest for employers on upcoming employment law changes and key employment cases that have recently been decided. Employment status Uber BV v Aslam & Others The Supreme Court has upheld earlier courts’ rulings in a landmark decision that confirms Uber drivers are ‘workers’ and not self-employed subcontractors. The Court unanimously […]
