Homeworking and an Employer's Duties

Since 30 June 2014, all employees who have worked for their employer continuously for 26 weeks have the right to ask their employer if they can work flexibly. For many people, more flexible working arrangements could include carrying out some or all of their...

In Brief: Acas E-learning Modules

The Advisory, Conciliation and Arbitration Service (Acas) offers useful electronic learning modules on a variety of topics . These include: Acas Codes of Practice; Bullying and harassment; Change management; Conflict resolution; ...

In Brief: Advice on Occupational Asthma

The Health and Safety Executive (HSE) has a website dedicated to advice on how to reduce occupational asthma . This is aimed at employers and is part of the HSE’s ongoing campaign to reduce significantly the number of occupational asthma sufferers. ...

In Brief: Assessment of Repetitive Tasks Tool

Musculoskeletal disorders (MSDs) are the most common occupational illness in Britain. They include problems such as low back pain, joint injuries and repetitive strain injuries of various sorts, and affect more than 500,000 people every year. They are often...

In Brief: Employing Reservists

The Ministry of Justice has published a toolkit for employers containing guidance and support on all aspects of employing reservists. This includes: details of rights and responsibilities, and financial assistance for employers and reservists; ...

In Brief: Guidance on Recruiting and Retaining Transgender Employees

In partnership with Inclusive Employers – a membership organisation for employers looking to build inclusive workplaces – the Government has produced guidance designed to provide employers with practical advice , suggestions and ideas on the...

In Brief: HSE Guidance on the Safe Use of Work Equipment

The Health and Safety Executive has a publication on what employers and others responsible for workplace health and safety should do in order to comply with the Provision and Use of Work Equipment Regulations 1998 . The Regulations place specific duties...

In Brief: Working at Height Regulations

Falls from height are the single biggest cause of workplace deaths and one of the main causes of serious injury. A place is ‘at height’ if there is a risk of a fall liable to cause personal injury. The Work at Height Regulations 2005 were...

Informing and Consulting Employees

The EU Information and Consultation Directive 2002 established minimum requirements for companies with more than 50 employees for consulting and informing them on a wide variety of subjects. The Directive does not apply to those businesses with fewer than 50...

Mobile Workers - Daily Travel To and From Work is 'Working Time'

The EU Working Time Directive, which is implemented into UK law by the Working Time Regulations 1998 , defines working time as 'any period during which the worker is working, at the employer's disposal and carrying out his activity or duties, in accordance...

National Minimum Wage and Statutory Pay Rates

The following changes to the National Living Wage (NLW) and National Minimum Wage (NMW) rates took effect from 1 April 2019: The NLW, which applies to those aged 25 and over, increased from £7.83 to £8.21 per hour; The NMW for 21- to...

Part-Time Workers and Discrimination

The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 established a minimum standard of fairness for part-timers so that they cannot be treated less favourably than comparable full-time co-workers, unless the treatment is...

Pension Rights for Gay Spouses and Civil Partners

The Supreme Court has handed down a ruling which means that all married gay couples and civil partners should receive equal pension rights. Paragraph 18 of Schedule 9 of the Equality Act 2010 states that employers and pension funds are permitted to...

Preventing Illegal Working

The Immigration Act 2016 contains a wide range of measures, including new rules intended to was introduced to crack down on businesses that employ those who do not have permission to work in the UK and to prevent employers from exploiting vulnerable...

Religion or Belief Discrimination - What Constitutes a Philosophical Belief?

When the Employment Equality (Religion or Belief) Regulations 2003 were first introduced, employees were protected from discrimination by reason of any 'religion, religious belief or similar philosophical belief'. The wording was changed in 2007, with the...

Religious Discrimination Claims

The European Court of Human Rights (ECHR) was asked to rule in four UK cases in which Christian employees claimed to have suffered discrimination at work on account of their religious beliefs. Two of the cases concerned women who were prevented from wearing...

Resolving Workplace Disputes

As of 6 April 2009, the Employment Act 2008 repealed the Statutory Dispute Resolution Procedures in their entirety. In their place is a voluntary Advisory Conciliation and Arbitration Service (Acas) Code of Practice , which sets out the basic principles...

Settlement Agreements

Following changes made by the Enterprise and Regulatory Reform Act 2013 , compromise agreements were renamed ‘settlement agreements’ and new provisions (Section 111A) were inserted into the Employment Rights Act 1996 (ERA) making settlement...

Sleeping Time and the National Minimum Wage

Whether or not a worker who is on call at their employer's premises but who is allowed to sleep when their services are not required is entitled to be paid the National Minimum Wage (NMW) for the entirety of their shift has been the subject of dispute in...

Staff Handbooks and Contractual Rights

It is not uncommon for employees’ contracts of employment to expressly incorporate the staff handbook, although much of its contents will refer to policy matters rather than having contractual status. The decision of the Court of Appeal in Keeley v...

The Calculation of Holiday Pay

Voluntary Overtime and the Calculation of Holiday Pay Following on from the 2014 decision of the Employment Appeal Tribunal (EAT) in Bear Scotland Limited and Others v Fulton and Others that payments for overtime which employees are required to work...

The Equality Act 2010 - A Guide for Employers

The Equality Act 2010 replaced nine major pieces of discrimination legislation and other ancillary measures introduced over the last forty years. The core provisions of the Act came into force on 1 October 2010. As well as harmonising existing...

The General Data Protection Regulation

The General Data Protection Regulation (GDPR), which replaced the EU Data Protection Directive, came into force on 25 May 2018 and now, together with the Data Protection Act 2018 (DPA 2018), forms a large part of the data protection regime in the UK. The...

The Right to Privacy and the Workplace

In the long-running case of Bărbulescu v Romania , the European Court of Human Rights (ECHR) looked at an employer's right to examine an employee's use of office computers for sending personal communications during working hours, in breach of the...

Varying Employees' Contracts of Employment

If an employer is seeking to make changes to employees' contracts of employment, it is important to remember that where this will necessitate adverse changes to their existing terms of employment, the contracts can only be varied with the agreement of both...
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