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Samuel Phillips Law Blog

Employment

Employment

For a ha’porth of tar the ship was lost or penny wise pound foolish

How many of you recruit someone for £30,000 - £50,000 or more. You go through first and second interviews, maybe you pay a recruitment agent.  You have proper “on boarding” processes as they are now called. But then what do you rely upon?

Employment

Gig Economy, Uber-Hero to Uber-Villain?

The recent ruling handed down by the UK Supreme Court, Uber vs Aslam, has already created a tsunami of “like” claims. Unsurprisingly fellow gig workers engaged by Uber since 2015 are now coming forward to recover compensation for minimum wage and holiday pay.

Employment

Annual Employment Law Changes

As usual we provide here below the key updates and figures that take effect next month.

Employment

The Budget and HR

Key highlights for employers from the March financial announcement.

Employment

All Wellbeing and Good?

The incessant bombardment of news related to Covid-19, mostly bearing heavy messages of death, infection rates and strain on the NHS is affecting most of us. How can we not be affected by the constant round of daily stats and latest notification of job losses making staff even more anxious over their own job security?

Employment

Jab or Job? – The legal position with compulsory vaccinations

With the positive news of various vaccine’s now approved by the Medicines & Healthcare products Regulatory Agency (MHRA), the prospect of finally managing Covid-19 to a point where we can return to a “normal”, lockdown free existence seems within reach. Unfortunately, along with this long-overdue series of vaccine good news stories we’ve also had an unsettling trend of communities casting doubt on the efficacy of the treatment and suggesting, when offered they would refuse the injection.

Employment

Home Working Tips – Tackling a Cluttered Workspace?

We often kid ourselves that we are an organised person, we may admit that OK, we can be  a little messy now and again, but life right now is messy, right? Anyone who’s working from home and possibly sharing their workspace with a partner or other family members, perhaps home-schooling too, is going to face the dilemma of dealing with clutter.  That’s a fact.

Employment

Working during school closures

On Monday 4 January 2021, the Prime Minister announced that schools and colleges are to be closed to most pupils until at least half term in February. This last-minute change has, understandably, worried parents and employers.

Employment

Brexit Deal & Employment Law – The Key Points

The UK has struck a deal with the EU which at its heart sought to secure a tariff and quota-free trade deal.  To achieve this agreement, after a tortuous four years of posturing, compromises have naturally been made.

Employment

Jaguar Land Rover Required to find Reverse Gear

Jaguar Land Rover assembly line worker Vic Rumbold had suffered many years of ill health, so bad was his sickness record that each year of his 20-year career at JLR his sickness days exceeded at least 10.  His employer estimated the days missed which equated to a massive 808 shifts had cost the business was in excess of £95k.

Employment

Brexit – Data Protection from 1 January 2021

The UK left the EU on 31 January 2020. As a result, the transition period will end on 31 December 2020. Businesses in the UK that process personal data are currently required to adhere to the EU General Data Protection Regulation (EU GDPR) and the UK Data Protection Act (DPA) 2018.

Employment

Brexit – hiring EU employees during the transition period and beyond

The UK left the EU on 31 January 2020. As a result, free movement for nationals of the European Economic Area (EEA) (and Switzerland) will end on 31 December 2020. From 1 January 2021, the UK will operate a new points-based immigration system and EEA citizens moving to the UK to work will need to obtain a visa in advance.

Employment

Tiers, Tinsel and Teams – Company Christmas Party in 2020

With 2020 proving to be one of the most testing and stressful years most can recall, employers are looking to the works end of year party as an overdue opportunity to thank staff and allow them time to let off some steam.

Employment

Virtual Liability – Running a Successful “Online” Christmas Party

One common misconception is that a works event held away from the office or outside normal working hours, removes your organisations liability from any incidents that might occur.  That’s simply not true.

Employment

Brexit – The “B Word” is Back in Play

Keeping an eye on what we need to monitor and manage as Brexit deadlines loom large on the horizon. It’s true, the “B” word has started to appear again after the Oxford English Dictionary confirmed the rise in prevalence of words related to the Pandemic saw the word “Brexit” drop by an amazing 80% in 2020.

Employment

Extended Coronavirus Job Retention Scheme (Furlough) as announced on 5 November 2020

The Chancellor has extended the extended furlough scheme which will now remain in force until 31 March 2021 and will be reviewed in January. Individuals on furlough, whether full-time furlough or flexible furlough receive 80% of wages capped at £2,500. The pay cap is proportionate to hours not worked so if you are absent four days out of five the cap is £2,000, three days out of five £1,500.

Employment

Coronavirus Job Retention Scheme – How to Claim

Rishi Sunak signed off the treasury direction to HMRC on 1 October 2020. Find out how to claim under the JRBS.

Employment

Working from home – the generational divide

Over a third of those currently employed are now working from home, including half of those who normally worked in an office before lockdown. In a new survey by Ipsos MORI, 6 in 10 (59%) of those now working mainly from home say it is not a challenge, while 40% admit to experiencing at the very least, fairly challenging circumstances.

Employment

Should I stay or should I go?

At first consideration you might expect the average UK worker to be desperate to get back to the “normality” of their working environment, to meet colleagues not seen for months save for a “Brady Bunch” Zoom collective and a sense of identity rekindled in routine. There’s also the opportunity to be free of the same four walls and as much as you love them, have space from the children and partner (probably a bonus for them too) so you can re-establish working relationships and get to know what’s really happening behind the scenes.

Employment

When Signed Agreements Fail

A recent finding of an Employment Tribunal has added fuel to the call for greater clarity concerning the definition of a “worker”. This case O’Eachtiarna and others v CitySprint (UK) involved five cycle couriers who were engaged by CitySprint. The couriers claimed they were entitled to holiday pay as they were “workers” for the company a point that was contested by the respondent.

Employment

Job Retention Bonus Scheme and Notice

Rishi Sunak has just issued the summer statement and has outlined details of a job retention bonus scheme.  Guidance is to be issued by 31 July, which I suspect means in practice 5.00 pm 31 July 2020. The requirements of the scheme seem to be quite simple.

Employment

Redundancy Selection Criteria – KISS

Redundancy selection criteria is one of the most contentious areas within redundancy.  It need not be.  As the acronym suggests “keep it simple stupid”. You can have objective criteria (eg attendance).  You can have subjective criteria (eg attitude).  In effect, as long as the criteria you select are not utter drivel eg “karma” that is fine.  The key issue is to draw up clear guidelines of what you mean and how you score with examples.

Employment

Flexible Furlough Scheme

1 July is the day that the Flexible Furlough Scheme starts. Those who have been on furlough and are going to remain on furlough do not require anything.  Leave them alone. To those you are intending to potentially return to work under the Flexible Furlough Scheme either part time or increasing hours or flexible hours then there needs to be a Flexible Furlough Agreement issued and preferably signed.

Employment

Redundancy Selection Pools

There are no hard and fast rules about drawing up selection pools.  However the good news is, there is more than one way in which to create a selection pool and as long as your way is reasonable, that is good enough, even if there is another way that is also reasonable. The first question you ask yourself is what is the area of work that is changing?  This could be a geographic change such as closing a depot or a change in the type of work which the business is performing.

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