Employment Law Explained

Tag Archives: employee

Podcast#2

According to Daniel Barnett “If it looks like an employee and quacks like an employee, it’s probably not a self-employed subcontractor.”

Today saw the Supreme Court’s Judgment in Autoclenz Limited v Belcher & Others handed down and I’ve recorded my thoughts on it in this brief podcast.

“He had to duck as a cheesecake was propelled towards him.” Kitchen staff dismissed over hijinks http://ow.ly/5MxMs #HR #tribunals #ukemplaw
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@TribunalWatch
Tribunal Watch

As well as quacking employees I’ve also talked about chefs, Facebook and flying cheesecake.

 

Can an Employee take a Lawyer into a Disciplinary or Grievance Meeting?

Following the Supreme Court’s decision in R (on the application of G) v The Governors of School X probably  not if you’re a teacher in a state school. Doctors in the NHS may be able to.

One of the issues that arises in advising clients on the process is whether the employee should be allowed to bring a lawyer with them into the meeting.  There is no statutory legal right to be allowed to do so.  The Employment Relations Act 1999 s.10 only provides for a worker to have the right to be accompanied by a trade union official or a fellow worker.  It does not cover family members or friends (unless they are within the two allowed categories).

Employer vs Employee: The Saga Continues

The government last week announced that it intends to shake up employment law practice and procedure with a consultation trying to rebalance the rights of employer and employee. It’s the latest episode in the long-running saga “does the law favour employees too much?”

I suspect that there is much political posturing in the consultation and I would be surprised if some aspects survive the consultation process. The headlines have been well trailed already: here is my take on the main points that caught my eye.

Issue Fees – how much is too much?

Termination Payments: Taxing Times Ahead for Employers

 Termination Payments: Taxing Times Ahead for Employers   redundancy practice procedure

How much tax should employers deduct from termination payments? HMRC have announced a change to  the way that lump sum termination payments have to be taxed by employers from this coming April.

As is well known, the first £30,000 of a compensation payment can be paid free of income tax and national insurance contributions, provided that it is paid as compensation for “loss of office” or employment. This commonly applies on redundancy, but can apply in other situations too.

Can a Partner be an Employee?

iStock 000009461504XSmall Can a Partner be an Employee?   contracts of employment

Time for Tiffin

A few weeks ago I wrote about whether a lapdancer could be held to be an employee (she couldn’t).  A similar question arose recently in the case of Tiffin v Lester Aldridge LLP at the EAT: can a Partner in a law firm be an Employee?  Nadine Quashie’s case was a Preliminary Hearing at first instance, i.e before the Employment Tribunal; Tiffin’s was an appeal against the refusal of the ET to hold that he was an employee.

Enforcing Unfair Dismissal Awards Part II

 Enforcing Unfair Dismissal Awards Part II   unfair dismissal practice procedure

Send the boys round?

So, the Employment Tribunal (ET) agreed you had been unfairly dismissed.  They award compensation for unfair dismissal in your favour.  Then your former employer doesn’t pay up.    In a recent post I wrote about how the ET won’t consider whether the employer can pay the award.  So what happens if the employer can’t or won’t pay? What can you do? How do you get your money?

Leaving your job? Three things not to do before you get your P45

iStock 000010955553XSmall Leaving your job?  Three things not to do before you get your P45   practice procedure miscellaneous stuff

For an employee who has decided to move on to pastures new and has handed in his/her notice, or has been told they are to be made redundant, there are certain pitfalls to be avoided. They may seem obvious (like serving notice), but people still fall foul of them. Walking out there and then is a big step for an employee – we’re in constructive dismissal territory here and legal advice should be taken  before you do it. In other cases some employees only have regard to the restrictive covenants in their contracts of employment (which are the clauses that say the departing employee won’t try to solicit work or custom from the clients he’s been dealing with, or prevent him from joining a competing business once he’s left).  Whether those restrictions are always legally enforceable is another matter and constitute another material for another blog post or three, but in this post I want to highlight for employees that trying to get ahead by taking confidential information, or by acting inappropriately whilst stil an employee (even if on garden leave) could end in tears.

Has the Dust Settled on the Ash Cloud?

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It's the one in Iceland, I can't spell it either

Now that the drama of the election is over and the novelty of the Coalition government is fading and before the whole country shuts down for the World Cup, it’s time for a brief reminder of the event that brought Europe to a standstill, Kenyan flower growers to the brink of bankruptcy and led to people having extended holidays all over the world.  Yes: the eruption of the Eyjafjallajökull  volcano (it’s only marginally easier to spell than to pronounce), which won’t quite go away (although The  Guardian reported on 23rd May that it may now be dormant) and which caused almost as much pain to news broadcasters as to those stranded in airport departure lounges.

Employee, worker or neither?

Well, would you believe it?  In the week that I gave a talk at the City Business Library about contracts of employment (see here for my slideshare presentation) and the differences between employees, workers and the self-employed, I came across a case in the Employment Appeal Tribunal (EAT) which discussed all these issues.  It is an important issue because the answer to the question will determine what legal remedies are available to the individual.

Contracts of Employment: what you need to know

I  spent a good part of yesterday evening preparing a seminar that I have been asked to give at the City Business Library on 20th October next.  The topic handed to me is the title to this post: “Contracts of Employment: what you need to know”, to cover one hour.  The seminar is aimed at new businesses looking to take on staff for the first time.  At first glance I thought it would be an easy topic, one I am very familiar with, nothing too controversial and plenty of time for discussion afterwards.  Then, on my way in to work this morning, tapping out a skeleton presentation in Powerpoint on the trusty laptop, I realised just what I have let myself in for.