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Bankers Contractually Entitled to Bonus Payments
...employment would take effect in the same way as other contractual terms. In addition, the Bank’s attempt to reduce the bonuses payable if its actual revenue was materially less than forecast amounted...
No TUPE Transfer Where Employee Worked Solely for One Client
...employment transferred to Seawell under TUPE. Where there is a service provision change (SPC), an employee’s employment contract will transfer if, immediately before the SPC, there is “an organised...
Careful Drafting Can Save Millions of Pounds as Dismissal of David Moyes Demonstrates
...employment contracts. Moyes’ £4 million-a–year contract was terminated by the club after a disastrous season which saw them lose to Sunderland in the semi-final of the Capital One Cup, to Swansea in t...
LLP Members Qualify for Worker Rights
...Employment Tribunal, Employment Appeal Tribunal and Court of Appeal, the Supreme Court has ruled that B was a worker and could therefore benefit from whistleblowing protection. In order to show that s...
Service Provision Change Exception for Tasks of Short Term Duration
Service Provision Change Exception for Tasks of Short Term Duration An employment tribunal may take into account events following a change in service provider, when considering whether a client intend...
Byron raided by Home Office:
Byron raided by Home Office: Are you sure your staff have the right to work in the UK? PA The burger chain Byron has been in the press recently for allegedly inviting staff to health and safety train...
Simon Henthorn
...Employment Lawyers Association Areas of expertise Education adviceSchool Mergers and RestructuresEmployment law and HR support for schools and collegesEmployment law support for individuals wo...
Redundancy Scheme Paying Higher Payments to Older Employees was Lawful
Redundancy Scheme Paying Higher Payments to Older Employees was Lawful A severance scheme under which older employees received higher payments was justified as older employees need more of a financial...
Holiday Pay Claims
Holiday Pay Claims Following the recent holiday pay ruling, the President of the Employment Tribunals has directed that claimants who have already issued a claim for underpaid holiday can amend that c...
Tina Wisener: Netflix premieres 12 months paid parental leave for all, but can UK employers pick and choose who gets it? - as published in HR review
Tina Wisener: Netflix premieres 12 months paid parental leave for all, but can UK employers pick and choose who gets it? - as published in HR review Netflix has announced that its employees can take a...
National Insurance Contributions changes to termination payments postponed until April 2019
National Insurance Contributions changes to termination payments postponed until April 2019 The way that termination payments are taxed is due to change in April 2018 but planned changes to National I...
Tribunal fee refunds - fewer than expected applying
...employment tribunal fees than expected. Tribunal fee refund - how is the government raising awareness of the right? The Supreme Court ruled last summer that employment tribunal fee...
Latest furlough guidance warns notice pay may not be covered from December
Latest furlough guidance warns notice pay may not be covered from December Following the Chancellor’s announcement that the coronavirus job retention scheme (CJRS) has been extended until the end of M...
Mental Health Lockdown and Working from Home (Session 1)
Mental Health Lockdown and Working from Home (Session 1) What are the duties on employers arising from the mental health impact of the ongoing lockdown and working from home arrangements? In th...
Discrimination: increase in injury to feelings awards
...Employment tribunals can also award compensation for injury to feelings in whistleblowing cases where employees or workers are subjected to detrimental treatment. When deciding on the level of an ...
Employer vicariously liable for employee’s personal data breaches
...employment. The judge rejected Morrisons’ argument that Mr Skelton’s disclosure of the data on the internet was disconnected by time, place and nature from his employment. Morrisons had specifi...
Adoption Leave and Pay Changes: Employer’s Technical Guidance
Adoption Leave and Pay Changes: Employer’s Technical Guidance Technical guidance on the changes to adoption leave and pay has been issued by the Department for Business Innovation and Skills. Changes ...
Podcast No. 5 - Senior Manager & Certification Regime
Podcast No. 5 - Senior Manager & Certification Regime Rachel Reid-Ellaby and David Evans talk through the SMCR and highlight what employers within the financial services and banking sector need to do ...
Employment Tribunal Ruling on Holiday Pay and Commission
Employment Tribunal Ruling on Holiday Pay and Commission The employment tribunal has given its ruling in the case of Lock v British Gas concerning commission and holiday pay. In order to give effec...
New right to paid parental bereavement leave from 6 April
New right to paid parental bereavement leave from 6 April A new right to bereavement leave and pay for parents who lose a child will come into force on 6 April 2020. Bereavement leave Who qualif...