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Samuel Phillips Law Blog

Employment

Employment

Redundancy Appeals and New Starters

Many employers rushed to make redundancies when businesses were first ordered to close down at the start of the Coronavirus pandemic in the UK. Redundancy is a fair reason for dismissal if it is handled fairly.  Fair process includes consultation, the duty to consider suitable alternative employment (if any) and the payment of a Statutory Redundancy Payment. If the redundancy was unfair employees firstly need to contact ACAS’s Early Conciliation service and if the claim cannot be settled that way then a claim can be issued online in the Employment Tribunal.

Employment

Coronavirus Scheme for the Self Employed

On 26 March 2020 Rashi Sunak announced support for the self employed; namely a taxable grant of 80% of average earnings calculated over the last three years up to a maximum of £2,500 per month.  It is available for those with trading profits of up to £50,000 per annum and whose majority of income is from self employment.

Employment

The Coronavirus Job Retention Scheme for Furloughed Workers

The scheme applies to employees who have been furloughed meaning that they have been put on a period of leave during which they are not required to work.  The employer must agree with the employee that they will be placed on temporary leave (furlough leave) and this then allows the employer to recover 80% of the employee’s wage costs or £2,500 per calendar month whichever is lower.

Employment

Coronavirus Act 2020 – Changes to Statutory Sick Pay

The Coronavirus Act 2020 received Royal Assent yesterday 25 March 2020.  It confirms some of the announcements that were made last week regarding payment of Statutory Sick Pay (SSP) in relation to Coronavirus.  The Statutory Sick Pay (General) (Coronavirus Amendment) Regulations 2020 came into force on 13 March 2020 and amended the SSP rules such that those who self isolate are deemed incapable of work for the purposes of claiming SSP.

Employment

To close or not to close?

Some businesses have been ordered by HM Government to close, e.g. pubs, clubs, restaurants, leisure facilities. Some have been permitted to stay open supermarkets, petrol stations, chemists etc, but may have elected to close anyway on an individual basis.

Employment

IR35 – A Practical Guide to Engaging Consultants

As the responsibility of policing the tax liabilities of consultants moves to the “fee-paying” client and broadens from public to now include private businesses we thought it timely to look at the practicalities and IR35 compliance. We would, of course, advise all our readers to take professional advice when putting new policies and procedures in place and the following is simply a suggested guide to assist in efforts to remain compliant.

Employment

Brexit – is it Good for Business?

A recent FTSE 350 survey suggests that 50% of the businesses polled were concerned about the impact of Brexit and that in the short term they consider it will damage prospects for growth.

Employment

2020 – Forthcoming Changes to UK Employment Law

We covered a number of the April 2020 changes at the end of last year but as ever its worth a further reminder just before they come into force.

Employment

Coronavirus – Employment Issues

As of 27 February 2020, 7690 people have been tested in the UK for Coronavirus. All bar 15 were negative. The risk has been raised in the UK from low to moderate by the Chief Medical Officer. Coronavirus is a virus which typically causes fever and a cough. In the elderly or those with compromised immune systems, the symptoms can be much more severe, even life-threatening.

Employment

Managing Through Financial Distress – Redundancy

A recent report by Begbies Traynor, corporate recovery and insolvency experts, suggests that as many as 494,000 UK businesses are in significant financial distress. This number of almost half a million businesses is the highest in 16 years and 81% up on figures reported in 2016. This suggests that uncertainty over the political landscape, specifically Brexit, has played a major part in the commercial downturn.

Employment

Is it Time to Take Executive Search In-House?

Most organisations have well-drafted and rehearsed recruitment procedures and for 99 out of 100 vacancies this process works for you. But what about the executive hire? How do you ensure that you land the best possible candidate available for the package you have on offer? Do you outsource?

Employment

Increase in Disability Discrimination Cases

A recent research exercise commissioned by the Financial Times has identified an upturn in claims related to disability discrimination. As with other claim classifications disability cases fell away with the introduction of tribunal fees in 2013 but since their removal in late 2017 cases have steadily returned to previous levels. According to the latest statistics they have now surpassed those seen before 2013.

Employment

Ethical Veganism – a “philosophical belief”

Jordi Casamitjana claimed he was sacked by the League Against Cruel Sports because of his ethical veganism.  The employer however states that he was dismissed for gross misconduct and the ruling has no effective bearing on the decision to sack their Head of Policy & Research.

Employment

Testing…testing…1,2,3 – Employee Espionage

Technology has its role in the workplace, but should an employer be on the receiving end of its use if a phone or other device is used to secretly record meetings? 

Employment

Gig Update – Shift Sharers Entitled to Benefits

There’s been no shortage of Employment Appeal Tribunal (EAT) decisions regarding employment status in the gig economy and we start the year with another: Stuart Delivery Ltd v. Mr Warren Augustine.

Employment

Be Present for Christmas – How to Manage a Works Party

December should provide an opportunity to reflect on the hard work of the year and have a little festive fun. Unfortunately, "fun" for a large proportion of the adult population, in this context, means one thing; the chance for a good session paid for by their employer.

Employment

Cutting Remarks [R Lovelady vs Daniel James Hair & Beauty]

A Colwyn Bay Hair Salon has failed in its defence of an unfair dismissal claim brought by an employee stylist due to the fact the employer was found to have pre-determined the outcome before fully investigating.

Employment

2020 Vision – The Upcoming Changes to Employment Law

Find out about important upcoming changes to Employment Law coming in 2020.

Employment

Over Half of UK Adults Will Work Past Retirement Age

Working Beyond Retirement – Research indicates over half of the UK working population would continue to work beyond their official retirement date.

Employment

Supermarket Sweep – ASDA Introduce New Employment Contracts

1000 staff are holding out against the Walmart owned supermarkets new terms. We look at the details and lessons we can learn from such a process.

Employment

You’re Joking, Not Another One!

Brenda from Bristol summed up the mood of the nation back in 2017, but now we’re truly in Groundhog Day territory with yet another Brexit Delay and General Election. We revisit the main points of concern for UK business.

Employment

Business Owners’ Peace of Mind through Employment Protection from Samuel Phillips Law

Samuel Phillips Law, with 100 years of legal experience behind it, offers an Employment Protection Scheme to cost-effectively and smoothly address complex issues, which could include employment tribunals. The scheme gives you peace of mind to focus on growing your business with easy access to local expert advice and support.

Employment

Holiday Pay and Permanent Part Year Workers

In the case of Brazel v The Harpur Trust, the Court of Appeal recently ruled that the Working Time Regulation (WTR) approach to holiday pay, for permanent workers who only work part of the year, should be adopted and their leave allowance should not simply be pro-rated.

Employment

Claimant Takes a “Privileged” Position

In legal matters such as employment disputes and other forms of litigation the term of legal privilege occasionally rears its head. But what exactly is “legal privilege”?

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