Government 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...

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'...

This is an important update to a warning we gave on restrictive covenants in our blog of 22 April 2014 "Can a court rewrite a non-compete restriction in favour of an employer?", when my colleague Jonathan Golden wrote about the unusual case of Prophet v. Huggett, in which the High Court re-wrote a badly written restrictive covenant, in order to make it "work" in a business context. The case was surprising, because the High Court didn't follow the usual principles that (1) a...

The Government appears to be succeeding in its aim of unclogging the Employment Tribunal system and converting its activities from sclerotic to superfast.  Many people think that it is doing so by promoting targets at the expense of justice (an old fashioned, but still important concept).  Whether this will actually be so will take a while to come out in the wash.  In the meantime, the hurdles for Claimants have become higher and the consequences for Respondent employers easier to...

Below is a round up of the changes in employment law we can expect in the next few weeks: Employment tribunals and compensatory awards – The maximum compensatory award will increase from £74,200 to £76,574 (subject to the limit of one year’s pay which has existed since July 2013) in respect of dismissals that take place on or after 6th April 2014. Employment tribunals and a week’s pay – The maximum of a week’s pay increases from £450 to £464 in respect...