Employment e-news

Calculating holiday pay for those who work irregular hours

Napthens - April 25th 2018
When calculating the holiday pay for those who work irregular hours, should their holiday entitlement be calculated as being 12.07% of their total pay over the year, mirroring their statutory rights or should it be calculated using the methodology set out in the Employment Rights Act 1996?
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Is a pre-cancerous condition deemed to be a disability?

Napthens - March 21st 2018
Under the Equality Act 2010 (EqA), a condition which affects a person’s ability to carry out day-to-day tasks for a significant period of time is deemed to be a disability. A significant period of time is typically at least 12 months. Whilst cancer will always be deemed a disability, what if the condition is described as being “pre-cancerous?”
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Can time spent at home on stand-by be work requiring payment?

Napthens - March 21st 2018
Time spent on stand-by or on-call has been the subject of much debate in recent years, especially considering the ruling last year where it was held that care workers who worked sleep-in shifts were entitled to be paid the National Minimum Wage for them. In another ruling, the Court of Justice of the European Union (CJEU) in the case of Ville de Nivelles v Matzak looked at whether time spent at home whilst on stand-by could be classed as working time.
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National minimum wage

Napthens - March 21st 2018
Where a worker is paid National Minimum Wage (NMW), certain deductions to their salary are allowable by law and do not reduce their wages below NMW. However, calculating such deductions and differentiating between those allowed and not allowed, can sometimes be complex and some big names, such as Wagamama and TGI’s, have recently fallen foul of these rules.
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Covert surveillance within the workplace

Napthens - February 19th 2018
Many employers have CCTV within the workplace, often as a security measure and for the prevention of theft. However, if employees are informed about the installation of CCTV and the reasoning behind the installation, does that give the employer the right to install covert CCTV as well?
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Sexual harassment by third parties in the workplace

Napthens - February 19th 2018
Following the recent waves of sexual harassment allegations in both Hollywood and Westminster, awareness has been raised surrounding allegations of sexual harassment within the workplace. Last month the Fawcett Society issued a review with a focus on sex discrimination, notably looking at sexual harassment from third parties within the workplace.
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