Anna Moyle, Author at Goldenleaver
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Zero Hours, Zero Tolerance? There has been unease for some time over the use by employers of a "zero hours contract". Now, for the first time, employees and workers working under these contracts have some proper redress against employers who try to enforce provisions aimed at prohibiting their zero hour employees or workers from working for other people. The term "zero hours contract" is used to cover various types of flexible or informal working arrangements.  Typically however it refers to a contract where...

The Employment Appeal Tribunal (EAT) recently announced their decision in 3 separate cases which all looked at the issue of how to properly calculate a worker's holiday pay. As a result the cases were heard together and the EAT was able to give a single decision. You have probably heard plenty of talk about this already as the EAT's decision was of such importance to businesses and workers that even the national press has been following the story. To put it...

There is growing pressure from many quarters to introduce a living wage. All of the main parties at their recent conferences made promises aimed at improving the financial position of those on the national minimum wage ("NMW"). In line with Vince Cable's speech to the Liberal Democrats, BIS has already announced that the government is to propose to the Low Pay Commission that there should be a single NMW rate for apprentices and 16-17 year olds, with the apprenticeship rate rising...

The government is set to ban the use of exclusivity clauses in zero hours contracts. Do you have strong views about zero hours contracts?  A lot of people do. The government launched a consultation on their use (or misuse) in December 2013. By the time that consultation closed in March 2014, it had received over a record breaking 36,000 responses. Zero hours contracts are contracts under which an employer does not guarantee to provide any work and only pays the worker for...

  Employers, be careful. Do you treat your retiring employees as good leavers? If so, do you allow them to retain valuable accrued benefits linked to incentive schemes? If your answer is "yes" to both questions, you may be guilty of unlawful age discrimination against younger employees who choose to leave for reasons other than retirement. You might also need to widen your definition of who is a good leaver as a result. Why is there a problem? Employers often divide employees into two...

What should an employer do with advice received from occupational health? An employer cannot rely on not knowing about an employee's disability to avoid making reasonable adjustments, or to defend a discrimination claim, if it should have known that the employee was disabled. Where an employee does not want to divulge they are disabled, or is not even aware that they are, this can cause particular difficulties. A responsible employer will therefore obtain medical evidence (often from the employer's OH doctor) if...

An employee's secret recordings of private discussions at disciplinary and grievance hearings may be admissible as evidence in subsequent tribunal hearings. Can recordings of private discussions that have been made secretly by an employee who is taking part in a disciplinary or grievance hearing be used in an employment tribunal hearing? In the recent case of Punjab Bank v. Gosain, the EAT decided that the answer is - "yes they can" - particularly if the panel members' private comments were not part...

When will employers who want to make redundancies have to consult on a collective basis? We don't know. But the European Court of Justice has been asked to consider the Woolworths case. So we still won't know for some time. The Court of Appeal has referred the case of USDAW v Ethel Austin Ltd  to the European Court of Justice. The case is more commonly known as "the Woolworths Case" and is potentially of great significance to any employer who may want to make...

Anyone who read my last blog on zero hours contracts may have been surprised to hear recently that a bill aimed at banning the use of such contracts will shortly have its second reading before parliament. Don't worry. The Zero Hours Contracts Bill is a private members bill and so is unlikely to become law. The Government is still seeking views on the use of such contracts until 13 March and has already indicated that it is not minded to ban...