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Supreme Court rules sleep-in shift workers not eligible for National Minimum Wage

Supreme Court rules sleep-in shift workers not eligible for National Minimum Wage

To the dismay of employees, but a decision arguably welcomed by employers, the Supreme Court has recently ruled in cases Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad and another (T/A Clifton House Residential Home) that sleep-in shift workers are not ‘working’ when they are asleep. This in turn means that care workers should only be paid the National Minimum Wage hourly rate on sleep-in shifts when they are awake for the purposes of actively working.

Gender Pay Gap Reporting: Your Questions Answered

Gender Pay Gap Reporting: Your Questions Answered

Over time, the gap between women’s and men’s median hourly earnings has been narrowing. In fact, according to the Office for National Statistics (ONS) it has fallen by over a quarter among full-time employees in the last decade.

 

How to calculate holiday pay in 2021: an update on legislative changes

How to calculate holiday pay in 2021: an update on legislative changes

For many businesses, calculating holiday pay is a straight-forward process. Employers are, within the parameters of the law, able to dictate how many annual leave days or hours a staff member is entitled to.

The Uber Ruling and the future for the Gig Economy.

The Uber Ruling and the future for the Gig Economy.

On the 20th February 2021, the Supreme Court handed down its Judgment in the long awaited Uber case (Uber BV and Others v Aslam and Others). All six Judges unanimously ruled that the Uber drivers were workers, not self-employed contractors and as a result were entitled to basic employment rights like National Minimum Wage, holiday pay and sick pay.

My employer has asked me to have the vaccine-  what are my rights?

My employer has asked me to have the vaccine- what are my rights?

With the Covid-19 vaccine being rolled out across the country, many are starting to wonder when it will be their turn.

To date, vulnerable, front-line, care home staff and social workers have been at the front of the queue, with plans now afoot to reach the rest of the UK’s 66 million residents.

Redundancy in the hospitality sector: what do employers need to consider?

Redundancy in the hospitality sector: what do employers need to consider?

With the country now in its third lockdown, it is clear that the hospitality sector has been hit the hardest and with no sign of hotels, pubs and restaurants reopening soon, employers in this sector will be almost certainly be facing some tough decisions about their staff in the coming weeks and months.

Skilled Worker Visas: What your HR team need to know

Skilled Worker Visas: What your HR team need to know

After a lengthy transition period, the UK has now left the EU with a deal agreed. While many possible scenarios have been discussed at length in recent years, until now we have been limited to speculation and conjecture in terms of what the outcome might be. Not to mention how it might affect businesses and, more specifically, employees.

Looking after your workforce-  what are your responsibilities for lone workers?

Looking after your workforce- what are your responsibilities for lone workers?

Employers need to protect the mental health of those who work alone. This blog gives you an overview of what you should be considering.

What is the Good Work Plan and why does it matter?

What is the Good Work Plan and why does it matter?

For many, 2020 will go down in history as the year that changed everything, and one of the most significant changes was the way in which we work.

Brexit: supporting your European employees in the UK & British employees abroad

Brexit: supporting your European employees in the UK & British employees abroad

As the UK prepares for the end of the Brexit transition, new laws will be coming into place from 1st January 2021 which will affect businesses, as well as the people who work in them. But what are the expectations on you as an employer?

Your FAQ’s regarding annual leave and Coronavirus

Your FAQ’s regarding annual leave and Coronavirus

Here, our employment law team cover some of the most commonly asked questions relating to holiday during the pandemic.

Treat redundancy with the respect it deserves

Treat redundancy with the respect it deserves

As a business owner, we know you try to plan for every possible situation but unfortunately, nobody could have predicted what 2020 had in store.

My employer has furloughed me, but wants me to undertake some work for them. Is that okay?

My employer has furloughed me, but wants me to undertake some work for them. Is that okay?

Head of Employment Law, Katie Ash answers this frequently asked question "Unless you are volunteering for your employer under Public Health England guidance, then the guidance to the Coronavirus Job Retention Scheme (CJRS) confirms that no work must be undertaken by employees during a period of furlough.

Post-Lockdown Planning- What does the future hold for your business?

Post-Lockdown Planning- What does the future hold for your business?

Over recent weeks there has been a huge amount of emphasis on dealing with the lockdown. Businesses and business owners have worked tirelessly to get their heads around the terms of furlough under the Coronavirus Job Retention Scheme, ensuring staff who need to work can do so remotely, and that the office, factory or other workspace remains safe for those who do need to physically attend the workplace.

Coronavirus Job Retention Scheme - Furlough Leave (Updated 20th April)

Coronavirus Job Retention Scheme - Furlough Leave (Updated 20th April)

Furlough leave is a government scheme that will allow businesses to continue paying a contribution to the salariesof employees who are not required to work “by reason of circumstances as a result of coronavirus or coronavirus disease”. The furlough scheme is known as the CJRS.

Protecting your business and your employees during difficult trading periods

Protecting your business and your employees during difficult trading periods

As the country continues to grapple with the evolving situation relating to the Covid-19 pandemic, many businesses and business owners are reacting in real time to the government advice relating to social distancing and non-essential travel.

How best to prepare for outbreaks of sickness in the workplace

How best to prepare for outbreaks of sickness in the workplace

When the first cases of the novel Coronavirus (COVID-19) were reported last month, it was widely assumed it would run its course relatively quickly, with a minimal number of people affected resulting in little impact on the UK economy.

The Good Work Plan

The Good Work Plan

Whilst the end of the calendar year can often prove busy from an operational perspective within many organisations spanning many sectors, for business owners and decision makers the period leading up to the financial year end is usually the most demanding.
Protecting your business during the redundancy process

Protecting your business during the redundancy process

No business owner likes to think about the things that can go wrong when running a company, but it is just as important to plan for such eventualities, as it is to plan for when things are going well. Arguably more so. Redundancy is one such challenge that many organisations have to face at one point or another, but getting it wrong could cause more issues than had been anticipated, including potential employment tribunal proceedings.
Flexible Working Requests- Striking That Balance

Flexible Working Requests- Striking That Balance

As a working parent it can often feel like you overcome one obstacle only to be met with another. The start of the new school year brings with it the challenge of fitting the school run in to an already full working day. The average school day is between 9am until 3pm, give or take 15 minutes either side, which is shorter than the traditional 9-5 working day. Whilst wrap around school care is often available to cover the gap, this is not always a feasible or desired solution.

Handling Holiday Season as an Employer

Handling Holiday Season as an Employer

The weather is finally getting warmer and it looks like summer has almost arrived. There is a buzz around the office as people are getting ready to jet off on their holidays.
Dementia in the workplace – what are your responsibilities

Dementia in the workplace – what are your responsibilities

In a previous article, we looked at the impact of the country’s ageing population on the UK workforce, and the subsequent impact that it was having on employers and businesses large and small.

Health & Wellbeing in The Workplace

Health & Wellbeing in The Workplace

As an employer, you will know just how important the wellbeing of your staff can be, but it’s not always easy to implement. At a recent ‘Listen & Learn’ event in Chesterfield, Banner Jones Solicitors’ Employment Law team discussed the importance of having a wellbeing focus in the workplace and, in this article, Head of Employment Law, Katie Ash focusses on the methods of best practice when it comes to ensuring that strategies are all encompassing and effectively implemented.
Risky Business- Employment Law Changes 2019

Risky Business- Employment Law Changes 2019

Not keeping up to date with changes to Employment Law can put your business at risk, so from an employer’s perspective it is important to spend time understanding what the changes are so that you can ensure your business complies. That’s where we can help.
Uber drivers entitled to workplace protections

Uber drivers entitled to workplace protections

The ‘gig’ economy is characterised by the prevalence of short-term contracts or freelance work, as opposed to permanent jobs. Depending upon your viewpoint, it is either a positive working environment that offers a great deal of flexibility (for example, employment hours in the control of the individual) or it is a form of worker exploitation with very little protection (for example, lack of paid holidays, sickness benefit and so on).