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Employment e-news

Zero Hours Contract to Remain

Napthens - December 19th 2013

After a flurry of media attention surrounding the potential outlawing of zero hours contracts, Business Secretary, Vince Cable has ruled out a complete ban on zero hours contracts.

What question should you be asking when deciding whether to dismiss on grounds of ill-health?

Napthens - December 5th 2013

The case of BS -v- Dundee City Council considered this question, in particular whether on the facts a reasonable employer would have waited longer to before dismissing.

Paying for medical treatment held to be a Reasonable Adjustment

Napthens - October 8th 2013

Croft Vets -v- Butcher EAT 2013 Handling long term sickness or disability related issues in the workplace is always a challenging task for employers, particularly when trying to assess what, if any, reasonable adjustments should be carried...

October Employment Law Changes

Napthens - October 1st 2013

1 October will see the implementation of a number of employment law changes:National minimum wage rates will be increased as follows: Apprentices: £2.68 per hour Age 16-17: £3.72 per hour Age 18-20: £5.03 per hour Age 21+: £6.31 per...

Points to note regarding Directors

Napthens - September 6th 2013

An executive director is likely to be deemed an employee; but there are often additional considerations to be borne in mind for an individual who is an employee but also an office holder.Here are some helpful insights to assist you with...

The End of the AWB – An Employer’s Guide

Napthens - August 27th 2013

The Agricultural Wages Board (“AWB”) was abolished in June this year and the current Agricultural Wages Order (“AWO”) in force expires on 30 September and will not be replaced.This is a fundamental change regarding the employment...

Pre-Termination Negotiations: How confidential are they?

Napthens - July 26th 2013

What’s New? From the 29th July 2013, with the aim of avoiding litigation/promoting settlement, the Government will introduce new legislation allowing “pre-termination negotiations” to remain confidential in future unfair dismissal...

Whistleblowing Changes from 25th June 2013

Napthens - June 25th 2013

The Enterprise and Regulatory Reform Act 2013 heralds the introduction of a number of changes to whistleblowing legislation.From 25 June 2013, the following changes will come into force:Public Interest Requirement A disclosure will only...

TUPE – Service Provision Change

Napthens - June 24th 2013

The Court of Session in Ceva Freight UK Limited -v- Seawell Limited considered whether a single employee who spent all of his time working on a contract for a client was an “organised grouping of employees” for the purposes of...

Regulations to Collect Real Time PAYE & NIC’s

Napthens - January 22nd 2013

Employers are reminded that from April 2013, PAYE returns will need to be sent electronically to HMRC, using new Real Time Information (RTI) software.Under RTI, employers will normally have to report payments of employment income to HMRC...

Smartphones Encourage Longer Working Hours

Napthens - December 26th 2012

The Chartered Society of Physiotherapy (‘CSP’) has carried out an online survey of approximately 2000 office workers and the results suggest workers have become “screen slaves” and are often working while commuting or after they...

Tribunal statistics: encouraging times?

Napthens - July 23rd 2012

The annual employment tribunal statistics for 1 April 2011 to 31 March 2012 have recently been published by the Ministry of Justice and make interesting reading. The number of claims received by employment tribunals, (186,300 for 2011/12)...

Restructuring: Suitable alternative employment

Napthens - March 14th 2012

Samsung Electronics v Monte D’Cruz An employer is free to choose the best candidate for a new role in a restructure process even if the decision involves some subjectivity. Facts Samsung re-organised its print division with the roles of...

Redundancy – Selection Pools

Napthens - February 29th 2012

Capita Hartshead Ltd v ByardIn the recent case of Capita Hartshead Ltd v Byard the Employment Appeal Tribunal (“EAT”) has upheld a decision that a redundancy dismissal was unfair where the employer used a selection pool of one...

Suspending Employees During a Disciplinary Process

Napthens - February 27th 2012

Crawford v Suffolk Mental Health Partnership NHS FactsTwo nurses were employed by Suffolk Mental Health Partnership NHS Trust (SMH). They were both dismissed, amidst allegations of unauthorised restraint of an elderly dementia patient who...

Voluntary redundancy and discrimination

Napthens - February 16th 2012

adly redundancy programmes across all sectors appears likely for 2012.A voluntary redundancy process seems a straightforward and less contentious way to achieve a reduction in headcount. However a recent case has identified some of the...