Update – Free Movement and Brexit

The UK is currently scheduled to leave the European Union on 29 March 2019 and a transitional exit period is envisaged ending on 31 December 2020. There is still a considerable amount of uncertainty concerning the rights of EU nationals…

Sleep-In Carers and National Minimum Wage

In July 2018, the Court of Appeal reached a decision in the case of Royal Mencap Society v Tomlinson-Blake. The case concerned the National Minimum Wage (“NMW”) and sleep-ins and finally clarified an area of law causing much difficulty for…

Dismissal for Failure to Prove Right to Work

In the case Afzal v East London Pizza Ltd t/a Domino’s pizza, the Employment Appeal Tribunal (“EAT”) examined whether or not an employee who had been dismissed for failure to provide evidence of his entitlement to work in the UK…

The marriage is over all but in name

The recent ruling of the Supreme Court highlights the urgent need for divorce law reform in England and Wales. The effect of the court’s judgement in the case of Owens –v- Owens is that Mrs Owens  must stay married to…

Overtime

There have been a raft of cases in recent years regarding holiday pay and specifically whether and to what extent overtime pay should be included in calculating the amount of holiday pay a worker is entitled to for the four…

Latest Tribunal Decision in the “gig economy”

In the latest Tribunal case dealing with the long-running saga concerning employment status in the “gig economy”, the Leeds Employment Tribunal has ruled that a group of Hermes couriers are workers, rather than independent contractors. The case was brought by…

Football and domestic violence

While everyone in the country is rooting for a win in tonight’s World Cup semi-final, for some, a loss will mean more than the loss of a mid-week excuse to hit the pub. Recent statistics have shown that when England…

Extension of Effective Date of Termination

In the case of Lancaster and Duke Limited v Wileman, the Employment Appeal Tribunal (EAT) considered whether the effective date of termination (EDT) should be extended by the statutory minimum notice period for the purpose of calculating an employee’s length…

New report warns of looming incapacity crisis

A new report from SFE (Solicitors for the Elderly) and independent think tank, Centre for Future Studies, reveals the UK is leaving medical and care preferences to chance. The report looks at the ever-increasing number of people living with dementia…

Contractor insolvency – an Employer’s viewpoint

The construction industry depends on regular cash flow and the financial disaster of contractor insolvency can derail an entire construction project. Here we consider the measures an employer may take to protect itself from a contractor becoming insolvent during or…