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Clare Gilroy-Scott
 

Microchipping employees: What are the legal implications?

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This article first appeared in UK Tech News . Wearable technology is now common in the workplace, including employer-provided fitness trackers which can monitor employees’ health and activity levels. It seems that the next step,...

Dress Code Dilemmas: new guidance on discriminatory dress codes published

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It is now some two years since the events we have come to know as “Heel-gate” when in 2016, a temp called Nicola Thorp was required to wear high heels at work. Ms Thorp was sent home without pay for not complying. She commented about the...

Top 5 New Year's Resolutions for HR in 2018

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Happy New Year! 2017 proved to be a considerable year for employment law developments and although there is actually relatively little on the legislative agenda for 2018, there is no doubt that many of the developments from the last 12 months will flow into...

#MeToo: how to address workplace harassment

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This article first appeared in People Management . What started with Harvey Weinstein has quickly snowballed to include allegations against famous actors and now UK politicians. What can employers do to combat the problem? Using the hashtags #MeToo...

"Gig Economy" Working: What are the latest tribunal decisions?

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The fast growing trend of ‘gig economy’ working is becoming an ever more divisive and complex area. The term is used to describe a relatively new way of working which involves workers taking on short-term, on-demand jobs on a ‘gig’...

Dismissal for Misconduct: To what extent can past conduct be taken into account?

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When carrying out an investigation into alleged misconduct by an employee, the temptation may be to find as much evidence as possible. A recent case in the Employment Appeal Tribunal (EAT) has addressed the question of whether an investigation can actually...

No rest for the workers?

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This article first appeared in Recruitment International . Who should bear the risk when there’s no provision within an employment relationship for exercising the right to take holiday – the employer or the worker? That’s the...

Giving your staff wearable tech? Here's how to stay on the right side of the law

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This article first appeared in City A.M. . Wearable technology, such as fitness tracking devices, is increasingly being introduced into the workplace as part of “corporate wellness” schemes. It is believed that around 202m wearable...

So after all the court cases, where do employers stand on holiday pay?

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This article first appeared in HR news . Employment tribunals continue to consider a number of cases concerning the inclusion of overtime, commission and other variable payments in holiday pay, as well as the entitlement to carry-over leave as a...

Tribunal fees ruled unlawful: How will this impact gig economy firms?

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This article first appeared in UKTN . Following a four-year fight by UNISON, the Supreme Court has allowed their appeal and held that employment tribunal fees are unlawful. Dave Prentis, UNISON general secretary, said: “The government is not...

Gig Economy Working: sham self-employment?

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This article first appeared in Recruitment International . Gig economy working – used to describe the trend towards workers taking work on a “gig” basis, on flexible, generally short-term assignments, in contrast to a traditional...

Holiday pay: What employers need to know

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This article first appeared in UKTN . What is holiday pay? Unfortunately despite many tribunal and court decisions on the topic of holiday pay, there is still uncertainly as to what should be...

IR35 continues to be taxing

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This article was first published in Recruitment International. On 6 th April 2017 new IR35 rules come into force applying to payments to PSC workers who provide personal service to a “public sector employer” generating significant...

I am considering taking a job as a delivery driver - what are my rights in the gig economy?

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This article was first published by This is Money . Over the past five years, the UK has seen the rise of a new way of working called the ‘gig economy,’ fuelled by the rise of mobile apps and on-demand services. Under this system,...

In the courts: the worker and the 13 years of untaken holiday

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This article first appeared in The Lawyer 2b . On 8 June 2017, the Advocate-General of the European Court delivered his Opinion in a case concerning a UK worker’s 13 year back-dated holiday pay claim: King v The Sash Window Workshop Ltd...

Mind the Gap: Are you ready for Gender Pay Reporting?

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This article was first published in Recruitment International . Disparity between male and female average pay continues to dominate the news, with evidence of the gender pay gap widening for women in their 30s and 40s in particular. Dubbed...

Data subject access requests: Common employer queries

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This article first appeared in Personnel Today . How should employers deal with data subject access requests and how will the process change for employers when the General Data Protection Regulation (GDPR) comes into force in May 2018? Clare...

Introduction fees: the recruiters' battleground

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This article was first published by Recruitment Agency Now . To avoid dispute, the question of when an introduction fee is payable in respect of the introduction of staff to a client should be set out clearly in agreed terms, both parties acting in...

Wearable fitness trackers in the workplace: surveillance by fitbit?

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This article first appeared in Personnel Today . Many people sport fitness tracking devices and/or smartwatches – forms of wearable technology which not long ago seemed futuristic but are now familiar accessories. These developed from...

Holiday pay & EU law: are the working time regulations are compatible with EU law?

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The Court of Appeal has made a reference to the European Court of Justice (CJEU) in a major area of importance concerning holiday pay under the Working Time Regulations 1998 (WTR). On 9 th February, the Court of Appeal considered the question of...

The Uber Decision: Workers' rights in the gig economy under scrutiny

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Described by the tribunal as a “modern business phenomenon”, Uber has around 40,000 drivers in the UK, with 30,000 drivers operating in the London area and around two million passengers registered to use its service there. In a judgment handed...

Holiday pay and commission: Lock v British Gas

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The courts have once again considered the question of what payments should be included in holiday pay – should this be basic pay only or should workers receive a payment that reflects the overtime and/or commission payments which they would ordinarily...

Vexatious job applicants: to what extent are they protected from discrimination?

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It will be a relief to organisations that the European Court has held that a job applicant, who only made an application for a role in order to will compensation, is not protected from discrimination ( Kratzer v R+V Allgemeine Versicherung AG) . The...

Whistleblowing: can an agency worker bring a whistleblowing claim against an end-user?

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The tripartite nature of the agency worker’s relationship with the employment business and the end-user often makes it confusing for an agency worker to establish the correct party against whom to bring a claim. “Workers” and not just...

What's new or on the horizon?

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The following is a summary of new legislation and what is coming up to ensure that you remain aware of developments that could impact your business going forward. Termination payments Currently, an employer is able to make an...

Holiday pay & EU law: King v The Sash Window Workshop Ltd

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The Court of Appeal has made a reference to the European Court of Justice (CJEU) in a major area of importance concerning holiday pay under the Working Time Regulations 1998 (WTR). On 9 th February, the Court of Appeal considered the question of...

Job applicants: to what extent are they protected from discrimination?

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It will be a relief to organisations that the European Court has held that a job applicant, who only made an application for a role in order to will compensation, is not protected from discrimination ( Kratzer v R+V Allgemeine Versicherung AG) . The Equal...

Holiday pay cases: where are we now?

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The Employment tribunals continue to consider a number of cases concerning the inclusion of overtime and commission payments in holiday pay, as well as the entitlement to carried over leave as a result of long-term sickness or where a worker has otherwise...

Regulation of the recruitment sector: changes from 8 May 2016

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Much anticipated reform of the regulation of the recruitment sector comes into force on 8 May 2016 with the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2016 which were published this week. Much of the current regulation...

Top 5 New Year's Resolutions for Recruiters/Staffing businesses

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The festive season can be a busy time in HR and recruitment, with many employers spending the final month of the calendar year looking ahead at staffing proposals for 2016 as well as looking at headcount and temporary cover over the Christmas...

Festive fall-outs: a seasonal headache for employers

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Even the best laid plans in preparation for workplace functions may not work out and employers can be left having to address the fall-outs formally. Two recent tribunal cases have addressed the inconsistent treatment of employees following work parties...

Scope of Equality Act widened to cover corporate claimants

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The Employment Appeal Tribunal (EAT) has held that a limited company that was a member of an LLP could bring a claim alleging the LLP had directly discriminated against it based on the age of its principal shareholder in the case of EAD Solicitors LLP...

Cases on the horizon: agency workers

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Readers may recall our earlier report on the case of Moran and others v Ideal Cleaning Services Ltd which dealt with the scope of the Agency Workers Regulations 2010 (the AWR). The question under consideration was the meaning of...

Agency Worker Rights: How far do employers have to go in relation to agency workers and permanent vacancies?

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Organisations using temporary workers supplied through temporary work agencies will no doubt be familiar with the requirements of the Agency Workers Regulations 2010 (AWR). As well as providing for equal treatment for agency workers as against...

Hiring Agency Staff during Strike Action: Consultation Announced

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Recruitment sector businesses are currently prohibited from providing agency workers to organisations whose employees are taking part in strike action. However, this may all change with a Consultation announced by the government on 15 July 2015. The...

Holiday Cases Continue to Keep the Tribunals Busy

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The Employment Tribunals and Courts in both the UK and Europe continue to consider the vexed question of holiday entitlement and pay, including whether overtime and commission should be included in holiday pay, how long a worker on sick leave can carry over...

Tribunal confirms commission element of holiday pay

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Many businesses will be aware of the case of Lock v British Gas which concerned a salesman whose earnings were largely made up of commission. In May 2014, the European Court held that Mr Lock’s holiday pay ought to include an element of...

When is a shareholder also an employee and entitled to pay?

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A shareholder of a company may also have employment rights, including the right to be paid, when services are carried out for the company. This was confirmed by the Court of Appeal in its judgment of 5 th February 2015 in the case of Stack...

Regulation of the Recruitment Sector

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2013 saw a period of consultation on the government’s proposals to simplify and streamline the regulation of the recruitment sector, much of which is currently set out in the 2003 Conduct of Employment Agencies and Employment Businesses Regulations,...

Agency Workers Regulations

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It has been over three years since Vince Cable’s announcement that the government was committed to reviewing the Agency Workers Regulations (AWRs), despite a proposed review period of 18 months. The expressed aim of the review is to...

What's in store for 2015?

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An overview of employment law affecting the recruitment sector January 2015 Ban on “overseas only” recruitment The ban on “overseas only” recruitment by...

Goodman Derrick acts in back-dated commission based Holiday Pay Claim

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Clare Gilroy-Scott, a senior solicitor in the Employment Department, represents Mr Conley King in his claim against The Sash Window Workshop (TSWW) for back-dated holiday pay from 1999 up to the termination of his contract in 2012. On 4 November 2014...

Ban on exclusivity clauses in zero-hours contracts

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The government has announced its intention to ban the use of exclusivity clauses in zero-hours contracts where that contract prevents the individual from working for another employer even when their main employer does not provide them with work. It is...

Is an agency worker who is permanently assigned to an end-user covered by the AWRs?

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No, according to the EAT, in the case of a group of agency workers who were assigned to one hirer for periods ranging from between 6 and 25 years. The Agency Workers Regulations 2010 define “agency worker” as “an individual who is supplied...

Are post-termination restrictions on a recruitment consultant enforceable where information is widely available on social media?

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The High Court has recently held that 6 month non-dealing and non-solicitation post-termination restrictions were enforceable by the recruitment business against a former employee as the recruitment business had a legitimate business interest to protect,...

Should Holiday Pay Calculation Include Sales-related Commission in Addition to Basic Pay?

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Do you want to stay on top of the implications of this important ruling? Please click here to register for bulletins and to complete our very short survey. Yes, was the view of the European Court of Justice (ECJ) in Lock v British...

Is it correct that a contract can only be implied between an individual worker and an end-user where it is necessary to do so?

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It is generally accepted that, where a worker is supplied to work for an end-user through a recruitment business, a contract can only be implied between an individual and the end-user where it is necessary to do so in order to give effect to the reality of...

A Review of Employment Law Reform in 2013 and 2014

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As with 2013, there will be no rest for employment law advisers, employers and HR practitioners in 2014, with further legislative change on the agenda. Many of the changes hail from the government’s Red Tape Challenge following its publication of...