Employment Law Reform Archives - Goldenleaver
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BREXIT - more about the labourers than the law? Like it or not, we have to think about what employment law changes might occur over the next 2 years if UK voters decide, on 23 June 2016,  to “leave” rather than “remain”, when answering the question:  "Should the UK remain a member of the European Union or leave the European Union?". However just saying:  “The following laws don’t apply any more” isn’t a practical option. The reasons are that unpicking 40+ years of jointly developed...

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...

As you may have heard, the much anticipated day has arrived. The Employment Appeal Tribunal has given its ruling on whether non-guaranteed overtime must be taken into account for the purposes of calculating holiday pay. Please see our earlier blog – Sun, sea, sand and the ECJ The EAT has decided that overtime which an employer is not contractually obliged to offer but a worker is contractually obliged to perform if requested, must be taken into account when calculating an employee’s...

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...

Can you hear fanfares of trumpets? You should. Because starting today, 31 July 2014, employers with fewer than 10 employees (i.e. employers with 1 to 9 employees, but not employers who have 10 or more employees) no longer have to invite those employees who are affected by a TUPE transfer to elect representatives with whom to inform and consult about that transfer. Instead, you can inform, consult and deal directly with those employees, without the risk of paying up to 13 weeks'...