National Minimum Wage: Pay for sleep-in and on-call work

A recent EAT decision on night shift pay is threatening the overstretched care sector’s ability to provide services, warns Carla Whalen ‘The consequences of failing to comply with the national minimum wage legislation can be extremely harmful to organisations.’Calculating the national minimum wage (NMW) has long been a source of worry for employers, with particularly …
This post is only available to members.

Employment Policies: Manifesto manoeuvres

Tom Heys and Kayleigh Williams examine the main political parties’ general election promises on employment law issues ‘As might be expected, all three of the main parties allude to the topical issue of the “gig” economy.’Employment issues have emerged as a major election battleground, reflecting the aspirations of the Conservatives and Labour – and perhaps …
This post is only available to members.

Employment Status: The gig economy – a cross-border comparison

Stefan Martin and Helena Davies look at some of the different ways EU member states and the US are responding to the rise of non-standard working arrangements and how these contrast with the UK’s approach ‘It is now a real possibility that we will see legislative changes to make the distinction between workers, employees and …
This post is only available to members.

Policies And Procedures: ‘Can you just give us a policy on…?’ and why it is not that simple

Paula Rome considers some tricky issues for legal advisers asked to draw up employment-related policies ‘If any requirements are unusual or very important to your organisation, it is essential to set these out clearly in your policy, particularly if breach of the rule will be considered gross misconduct.’HR teams will often contact legal advisers (both …
This post is only available to members.

Whistleblowing: Not one but two employers

Martin Cheyne and James English discuss a recent Court of Appeal decision on whether a worker can bring a claim for detrimental treatment against not only their normal employer but against a second organisation with which they have a working relationship ‘Employers should be alert to the fact that those who come into contact with …
This post is only available to members.

Financial Services: How to comply with the regulatory references regime

Catrina Smith and Amanda Sanders explore new requirements aimed at weeding out senior banking executives with poor conduct records ‘As the mandatory template only applies to regulated firms, it remains to be seen if candidates from outside the financial services sector will be disadvantaged.’On 7 March 2017, one year after the Senior Managers and Certification …
This post is only available to members.

Legal News: Employment update

Katherine Pope rounds up recent case law and developments affecting employers and their advisers ‘Referring to recent gig economy cases, the report concludes that the myth of self-employment frequently fails to stand up in court, but individuals face huge risks in challenging their employment status that way.’Nominal award for breach of the right to be …
This post is only available to members.