December 2014

Appointing your first employee - what to do and avoid Taking on your first paid (and therefore contracted) employee is a major step for any company. Get it wrong and the results could be crippling for your business. Get things right however, and you’ve taken the first step...

Obesity can be regarded as a disability The European Court of Justice has confirmed that, whilst obesity itself cannot be regarded as a ground for protection against discrimination, where obesity, “may hinder the full and effective participation of that person in professional life on an equal...

Allow carry over of untaken holiday if workers are prevented from taking it for "reasons beyond their control" An Employment Appeal Tribunal (EAT) has suggested that workers should be allowed to carry over untaken holiday into the next year if they are genuinely prevented from taking...

How to deal with a departing employee who breaches a garden leave clause. If an employee breaches a garden leave clause, for example by working for a competitor during the garden leave period, the employer could decide to apply for an injunction to prevent the employee...

November 2014; the Employment Appeal Tribunal (EAT) handed down a ground-breaking decision. On 4 November 2014, the Employment Appeal Tribunal (EAT) handed down its decision in Bear Scotland Ltd v Fulton and Baxter, Hertel (UK) Ltd v Wood and others and Amec Group Limited v Law...

Holiday pay should reflect non-guaranteed overtime This means some people working overtime could claim for additional holiday pay (currently, only basic pay counts when calculating holiday pay). ​The key points are as follows: ​Workers are entitled to be paid a sum of money to reflect normal non-guaranteed...

The right to shared parental leave is due to come into force in 2015. Under the new system of leave, statutory shared parental leave and pay will be available to eligible parents of babies due on or after 5 April 2015. Similar arrangements will apply for...

When is an employer liable for discrimination against an employee or job applicant? Employers are directly liable under s.39 of the Equality Act 2010 for discrimination against an employee or job applicant because of a protected characteristic in relation to recruitment, during employment or dismissing him...

Dress codes in employment, including guidance for hot weather wear Dress codes Dress codes are often used in the workplace and there are many reasons why an employer may have one, for example workers may be asked to wear a uniform to communicate a corporate image and...

The Children and Families Act 2014 introduces shared parental leave and statutory shared parental pay for parents and adopters. Mothers' entitlement to 52 weeks' maternity leave and 39 weeks' statutory maternity pay remains, as does fathers' entitlement to two weeks' ordinary paternity leave and pay, but...