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…if you want your legal personality to be an express term. Employers should note the cautionary tale of Mr & Mrs McVeigh, who appealed to the EAT on a tribunal’s determination that they personally were the employers of their dismissed employee Christine Livingstone. In the right circumstances bringing a claim against two real people can be [...] Most lawyers felt unease as they watched Harriet Harman tell Andrew Marr that: Sir Fred should not be counting on being £650,000 a year better off as a result of this because it’s not going to happen. The Prime Minister has said it’s not acceptable and therefore it will not be accepted. It might be enforceable [...] There has been much outcry over whether or not bank employees will receive their bonuses this year, especially those at bailed-out Royal Bank of Scotland and Lloyds TSB. The government claims it is intending to halt almost all “discretionary bonuses” but must still pay bonuses to those who have a cast-iron contractual claim to them. [...] The One Show had a feature today on CV falsehoods – reckoning that as vacancies disappear applicants will become more willing to embellish their accomplishments. You can watch it for the next 7 days on BBC iPlayer here, and that feature is at the very start of the programme. Lying on CVs can be costly, a [...] Personnel Today reports on the alarm expressed by businesses on the European Parliament’s vote to end the maximum working week opt-out. The statistics quoted are telling enough as to how its end would effect the UK workforce – around 1 in 10 employees work more than the 48 hour working week, but for more than [...] Agency workers in the UK currently have few rights, as they are not employees under employment legislation. The chief remedy from which this bars them is that of unfair dismissal – there have been some well known cases involving workers having no rights on losing a job they’ve performed for some years in a manner [...] From tomorrow – Monday 27th October – agency workers and those on fixed term contracts of less than three months will gain entitlement to statutory sick pay, something with which they’d previously had to live without. Also, income support and incapacity benefit are merged and renamed Employment and Support Allowance. More details on those at the [...] This blog is getting a little minimum wage-centric at the moment, but there’s a recent EAT case that re-emphasises what must, by now, be well settled law. Mrs Hughes worked in a care home, which provided her with a flat on-site. In return for a £150 per month rent subsidy, she was required to be [...] All Employment Tribunal claims depending on the status of majority shareholders / directors are being stayed until the Court of Appeal gives its judgment in Secretary of State for BERR v Neufeld. My prediction is that the court will uphold the notion that these people can be treated as employees where the contractual relationship is explicit, [...] Employers frequently do not wish an employee to stay at work during his notice period. Although everyone would accept that there is an obligation to pay notice even if the employee is sat at home, it can irk employers that they have to pay for the notice period, and then pay accrued holiday on top. [...] |
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