Sarah Carr-Locke | Mayo Wynne Baxter
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Greater Protection for Military Reservists

employment contract

The Defence Reform Act 2014, which includes provisions offering greater protection to reservists, is now in force. Previously when military reservists were called up they were paid directly by the Ministry of Defence (MoD). Employers could then claim expenses in respect of additional costs incurred whilst replacing the reservist. This was at a maximum of… Read the rest of this post (No Comments)

Flying high – is holiday pay set to include a sum in respect of commission?

Money sack

Traditionally workers have only been entitled to their basic salary whilst on annual leave. In the case of Lock v British Gas Trading Limited an employee decided to bring a claim over lost commission during a period of annual leave, as he was not able to make any sales and therefore generate commission. The case… Read the rest of this post (No Comments)

Early Conciliation, a misnomer?

Early conciliation

Early conciliation (EC) is a procedure carried out by ACAS – an independent and impartial organisation that does not side with either party involved in an employment dispute. Its aim is to help parties involved reach suitable resolutions. ACAS stands for the Advisory, Conciliation and Arbitration Service – a Crown non-departmental public body of the… Read the rest of this post (No Comments)

Early Conciliation: a useful tool or a pointless exercise?

cartoon

The Enterprise & Regulatory Reform Act 2013 introduced the concept of Early Conciliation for all workplace disputes.  This new law will be from the 6 April 2014. The stated aim of Early Conciliation is to try and resolve the dispute quickly and cost effectively, finding a solution that is acceptable to both parties. Any employee… Read the rest of this post (No Comments)

Update on the compensatory award

£50 notes

There are two elements of compensation payable to an employee found to have been unfairly dismissed by an employment tribunal. The first element is the basic award and the second element is the compensatory award. The amount of the compensatory award will, subject to a statutory limit, be such amount as the tribunal considers just… Read the rest of this post (No Comments)

Increase in the minimum wage update

£50 in hand

The national minimum wage is set by the Chancellor of the Exchequer each year on the advice of the Low Pay Commission. It is enforced by HM Revenue & Customs (HMRC). The Low Pay Commission has published the executive summary of its 2014 report, which recommends new minimum wage rates. As a result of a… Read the rest of this post (No Comments)

TUPE or not TUPE? New changes in practice.

best practice

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) provide a legal framework for transfers of staff.  Some argue that they provide substantial complications to a business’ sale and generally work against commercial interest in such transactions. There is the argument that TUPE is unnecessary and should be abolished in its entirety; after all… Read the rest of this post (No Comments)

Not another “sickie”

Employees’ absenteeism is an important issue that is increasingly affecting the work force meaning employers need to ascertain how to handle sick days. This is particularly relevant at this time of year with Christmas parties often leading to increased “sickies”. For short term illness it is advisable for employers to have a policy of return… Read the rest of this post (No Comments)

Changes to the compensation for unfair dismissal claims:

The Enterprise and Regulatory Reform Act 2013 (“Act”) introduced changes to the maximum value of compensatory awards for unfair dismissal.  Previously compensation for unfair dismissal consists of two elements. There was a basic award based on age and length of service at the time of termination and a compensatory award based on loss of earnings… Read the rest of this post (No Comments)