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In the News


Gender Pay Gap Reporting – the evidence so far…

Gender pay gap reporting went live on 6th April 2017, with large employers having until 5th April 2018 to publish their reports. In an attempt to get ahead of the game, a number of the country’s largest organisations have already published their reports revealing some interesting results. (more…)

Calculating holiday pay – what can we learn from Lock v British Gas?

The Working Time Directive provides for all workers to receive a minimum amount of paid annual leave each year. The Directive is implemented into UK law by the Working Time Regulations 1998 which make it clear that workers are entitled to be paid whilst on annual leave at the rate of a weeks’ pay. For most workers the calculation of a weeks’ pay is relatively straightforward. However, uncertainty has arisen in relation to workers who earn commission in addition to a basic salary. (more…)

Subject access requests – what are they and how should you respond?

Under the Data Protection Act 1998 (DPA) individuals have the right to access their personal data. This right can be exercised by way of a subject access request (SAR). Briefly, this involves submitting a request in writing to the data controller and paying a fee (currently £10). The request can either be a general request for all personal data held by the data controller or a more focussed request highlighting the specific information being sought. The data controller then has 40 days within which to respond. (more…)

The most bizarre reasons for not paying National Minimum Wage

On 11th January 2017, the Department for Business, Energy and Industrial Strategy (BEIS) and HM Revenue & Customs released a list containing 10 of the most bizarre responses provided by employers when questioned on their reasons for failing to pay the National Minimum Wage (NMW) to workers. The list (see below) was published to coincide with a new £1.7 million awareness campaign which was launched in order to help workers check their pay to make sure they are receiving at least the NMW ahead of the NMW and National Living Wage rises due on 1st April 2017. (more…)

Expired warnings – consigned to the dustbin or useful evidence of likely future conduct?

We are often asked by clients whether previous warnings can be taken in to account when dealing with current disciplinary proceedings and our initial response is almost always the same – are the warnings still live? If they are and they relate to the same issue (i.e. conduct or performance) then of course the warnings can be taken in to account. But what if the previous warnings have expired. What can you do then? Do you just have to ignore them or can you take someone’s history of expired warnings in to account? (more…)

Gender pay gap reporting: key points

Last week the Government published the final form of the Gender Pay Gap Information Regulations (the Regulations) which will govern gender pay gap reporting. The Regulations provide some much needed clarity on a number of issues which will assist employers when preparing their reports. (more…)

Tribunal confirms Uber drivers are workers and not self-employed

Last month the Employment Tribunal handed down its decision in the much publicised Uber case. Briefly, two taxi drivers who were registered to use the Uber app issued proceedings against the company for unlawful deductions from wages and failure to provide paid leave. (more…)

Employing illegal workers – Directors beware

When recruiting new employees, it is important for employers to ensure that they have the necessary rights to work in the UK.

Failure to complete the correct employment checks may expose not only the business to possible civil and criminal sanctions but also people connected with the business such as company directors, managers or business partners.


Disability discrimination: can protecting someone’s pay be a reasonable adjustment?

The Equality Act 2010 (“EQA”) imposes an obligation on employers to consider making reasonable adjustments where it knows, or ought reasonably to know, that an employee has a disability and that they are placed at a substantial disadvantage in the workplace as a result of any provision, criterion or practice imposed by the employer. (more…)

Disability discrimination: failure to make reasonable adjustments

The Equality Act 2010 (“EQA”) imposes an obligation on employers to consider making reasonable adjustments where a disabled employee is placed at a substantial disadvantage in the workplace as a result of any provision, criterion or practice imposed by the employer.  In the case of Carreras v United First Partnership Research the EAT has recently considered whether an expectation for disabled employees to work long hours could amount to a provision, criteria or practice. (more…)