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Employment e-news

Does the right to paid annual leave carry over until the worker has the opportunity to exercise it?

Napthens - June 28th 2017

In the recent case of King V The Sash Window Workshop Ltd, Mr King worked as a commission-only salesman for 13 years and did not receive holiday or sick pay. His contract was terminated once he had reached 65 and subsequently Mr King bought a claim for unpaid holiday leave. The argument from Mr King was that he failed to take his full annual holiday entitlement on the basis that it was unpaid and he would, as a result, be out of pocket.

Top tips for Line Managers: Mental Wellbeing

Napthens - May 24th 2017

Mental Health Awareness Week took place in May and research from the Mental Health Foundation found that only a small minority of people (13%) report living with high levels of good mental health. We know that mental health is a big concern for employers, with the CIPD’s latest absence management survey reporting stress and mental health issues as among the biggest causes of absence from work.

Risks in not allowing accompaniment to formal meetings

Napthens - April 28th 2017

It is often a matter of sheer uncertainty for employers and a regularly cited request of employees in formal meetings. As per section 10 of the Employment Relations Act 1999 (ERelA 1999), the right to be accompanied by a work colleague or...

Spring Budget 2017

Napthens - March 21st 2017

The Chancellor delivered the 2017 Spring Budget on 8 March 2017. The Government announced that the employment rate reached a record high in the three months to December 2016 (74.6%) and unemployment is at an 11 year low. The Government used the Spring Budget to outline plans to help more people back into work, in addition to securing a highly skilled work force for the future of the economy.

National Living Wage, National Minimum Wage and New Compensation Limits set to increase

Napthens - March 1st 2017

We take a look at the new The National Minimum Wage (Amendment) Regulations 2017 which come into force on 1 April 2017.

Who’s rights are right?

Napthens - December 8th 2016

Northern Ireland is the only place in the UK where same sex marriage is against the law. The potential for the conflict between the rights of the Lesbian Gay Bisexual and Transgender (LGBT) community and the religious community has been a long feature of public debate in Northern Ireland. In the midst of heated alternate political opinions, the Northern Ireland Court of Appeal handed down its judgment on the 24th October in the so called ‘Gay Cakes’ case; Lee v McArthur and Ashers Baking Company Limited (“Ashers Bakery”).

Think your staff are self-employed? It may be time to think again…

Napthens - December 8th 2016

In what is probably the most talked-about case of the year, taxi drivers have secured a landmark victory against Uber by successfully arguing that they are not self-employed, and instead are entitled to basic workers’ rights.

Reasonable Adjustments: Does this extend to pay protection when a disabled employee is moved to a lesser role?

Napthens - October 25th 2016

Following the recent decision of G4S Cash Solutions (UK) Ltd v Powell it was held that this could apply. In this case, the Employee was suffering from a disability which meant that he was unable to fulfil the duties of his previous post and therefore was provided with an option to be redeployed as a key runner, which was a less skilled position. As a result of this redeployment the Claimant’s pay was protected and this continued to be the case until his subsequent termination of employment.

Referendum: What is the effect on Employment law if the UK votes to leave the EU?

Napthens - April 6th 2016

It is no secret that laws of the European Union reign supreme over UK laws. This has been the position since Parliament passed the European Communities Act 1972 which govern how employment law is implemented in the UK. Courts and Employment Tribunals must consider both EU laws and previous decisions by the European Court of Justice when making their decisions in the UK courts.

What are my options if employees can not come to work due to adverse weather conditions?

Napthens - February 19th 2016

The UK has seen its fair share of adverse weather already this year – severe floods have caused havoc in various parts of the country; Storms Gertrude, Henry and Imogen have battered the country over the last three weeks alone and, with another cold snap forecast, many businesses will be faced with the prospect of a fall in productivity due to absenteeism or employees being unable to complete work due to adverse weather conditions.

What does the introduction of the National Living Wage mean for my business?

Napthens - February 19th 2016

In the January edition of Napthens’ HR Hub, we briefly reported on the introduction of the National Living Wage, which comes into force on 1 April 2016, under the National Minimum Wage Regulations 2015 (“the Regulations”). With the introduction of the National Living Wage just round the corner, here at Napthens, we have received a number of queries across our broad range of clients. It is clear that many employers are concerned about what the introduction of the NLW will mean to their business in practice and how they can address this going forward.

Q& A – Do I have to provide all of my ex-employees with a reference?

Napthens - January 14th 2016

It has been the case for some time, that there is no legal obligation on an employer to provide an employee with a reference, and an employer is entitled to refuse to provide a reference if requested to do so.

Mitigation of loss- what are the obligations on the parties? – Cooper Contracting Ltd v Lindsey

Napthens - January 14th 2016

Mr Lindsey was a carpenter who has been found to have been unfairly dismissed. He was awarded losses on the basis that although he had work in the form of pursuing work on a self employed basis, there was other better paid work “out there” on an employed basis.

Unison loses Court of Appeal case on Employment Tribunal Fees

Napthens - August 28th 2015

The Court of Appeal has recently dismissed the case brought by Unison challenging the new employment tribunal fees system.

Research suggests that 54,000 women lose their jobs each year due to maternity discrimination

Napthens - August 3rd 2015

Recent research conducted by the Department for Business, Innovation and Skills (BIS) and the Equality and Human Rights Commission (EHRC) has suggested that women are now more likely to face discrimination on their return from maternity leave when compared to a decade ago.

What does the new budget mean for businesses and HR Strategy?

Napthens - July 13th 2015

Earlier this week, the First Secretary of State George Osborne released details of the new Conservative government’s 2015 budget, which has prompted mixed reviews from the public. However what does the new budget mean for businesses and what should they be doing now in preparation of the new reforms?