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Case law: Employers must alert workers to outstanding holiday entitlement and encourage them to take it if they want to stop them carrying it forward

UK employers whose employment terms prevent workers from carrying forward the four weeks’ holiday they are entitled to under EU law must tell workers about their outstanding holiday entitlement and encourage them to take it, or risk those terms being ineffective following an EU ruling.Read more

Posted on 3 December 2018 | 12:53 pm

New law: Living Wage and National Minimum Wage rates confirmed for April 2019

The Government has confirmed new living wage and national minimum wage rates from 1 April 2019.

The new living wage and national minimum wage rates for the different categories of worker will be:

  • The living wage rate for workers aged 25 or over increases to £8.21 per hour (previously £7.83)
  • The national minimum wage rate for employees aged 21 to 24 increases to £7.70 per hour (previously £7.38)
  • The rate for employees aged 18 to 20 increases to £6.15 per hour (previously £5.90)
  • The rate for employees who are under 18 but above the compulsory school age (and not apprentices) increases to £4.35 per hour (previously £4.20)
  • The rate for apprentices increases to £3.90 (previously £3.70)
  • The accommodation offset increases to £7.55 per day (previously £7.00)

Operative date

  • 1 April 2019

Recommendation

  • Employers should budget and prepare for the new rates which come into effect from 1 April 2019

© Atom Content Marketing 2018… Read more

Posted on 3 December 2018 | 12:51 pm

Case law: A further employer is told its ‘self-employed’ contractors are workers and entitled to basic employment rights

Businesses which generate and pass work to third party individuals to carry out, treating the individuals as self-employed, should consider whether they are actually ‘workers’ under UK law and entitled to basic employment law rights, following an Employment Appeal Tribunal (EAT) ruling.Read more

Posted on 3 December 2018 | 12:50 pm

New law: Directors and employees planning to benefit from Entrepreneurs’ Relief should check their eligibility following budget changes

Directors and employees of limited companies hoping to claim Entrepreneurs’ Relief (ER) against capital gains tax (CGT) when selling their shares, should check whether changes to the qualifying conditions for claiming ER made by the recent budget have affected their eligibility.Read more

Posted on 3 December 2018 | 12:50 pm

Case law: Employer investigating allegations of misconduct could ignore accounts of witnesses who saw nothing

Employers investigating allegations of misconduct could ignore witnesses who say they saw nothing even though, if the allegations were true, they might have been expected to have seen something, according to a recent ruling.

A teacher with a flawless record was accused of behaving violently towards a student.… Read more

Posted on 3 December 2018 | 12:49 pm

Case law: Employee sent to prison for accessing employer’s data without permission

Employees tempted to access their employer or ex-employer’s data without authorisation could face a prison sentence if the ICO decided to prosecute for hacking instead of obtaining data without consent, following a recent case.

An employee of a motor repair company logged onto an IT system used by both his current and former employer using the password of an individual employed by his former employer.… Read more

Posted on 3 December 2018 | 12:48 pm

Case law: Fellow employees can be personally liable to another employee in successful whistleblowing claim

Employers considering taking action against a whistleblower should consider whether they may be exposing both themselves and their employees to liability if the whistleblower successfully claims they have been subjected to a detriment because of their whistleblowing, a recent ruling makes clear.Read more

Posted on 3 December 2018 | 12:46 pm

Case law: Employer was vicariously liable for employee’s unlawful publication of its confidential data online

Employers should ensure employees are aware of any limits and restrictions on what they may do in the course of their employment, to reduce the risk of any wrongful conduct at work making the employer vicariously liable for the employee’s wrongful acts, a recent ruling makes clear.Read more

Posted on 3 December 2018 | 12:45 pm

Case law: Employers should consider chain of events from disability to dismissal when considering whether dismissal is ‘consequence’ of disability

Employers should consider whether a proposed dismissal is the culmination of a chain of linked events starting with the employee’s disability because, if it is, the dismissal may be a ‘consequence’ of the disability and therefore discriminatory, according to a recent ruling.Read more

Posted on 3 December 2018 | 12:45 pm

Case law: Parties to proposed contract should not start work until they know which terms apply

Parties negotiating a contract, particularly where they are working together on more than one project, should ensure work does not start until a final, formal contract is signed. If that’s not possible, they should consider agreeing key terms in an interim contract while negotiations on the final contract continue, to avoid uncertainty over whether and which terms apply, following a recent ruling.Read more

Posted on 3 December 2018 | 12:44 pm

Case law: Retailers may be able to claim refund of rates paid on ‘hole-in-the-wall’ ATMs

Retailers with hole-in-the-wall ATMs at their premises should consider whether they are entitled to a rates rebate, following a recent Court of Appeal ruling

In 2013, retailers were told they should have been paying separate business rates for hole-in-the-wall ATMs built into their premises, and were served with demands for rates backdated to 2010.… Read more

Posted on 3 December 2018 | 12:43 pm

New law: First time buyers of shared ownership property may be entitled to refund of stamp duty land tax

First time buyers of shared ownership property in England and Northern Ireland should consider whether they are entitled to a refund of stamp duty land tax, following the recent budget.

Property is in shared ownership if the purchaser buys only a proportion of it, paying rent to the owner on the remaining proportion – usually a housing association.… Read more

Posted on 3 December 2018 | 12:41 pm

Case law: In-house lawyer’s emails to another employee to gather information for external lawyers not covered by lawyer-client privilege

In-house lawyers should be very careful when communicating internally with other employees about legal issues which could result in legal proceedings, as their communications may not be confidential under the lawyer-client privilege rules, a recent ruling highlights.

An in-house lawyer sent an internal email to another employee asking for information to be sent to an external law firm, and the employee responded.… Read more

Posted on 3 December 2018 | 12:41 pm