From 6th April 2021, the scope of the Off-Payroll Working Rules (IR35) will be expanded to cover medium and large private sector organisations, employment agencies and third parties within the labour supply chain. The hiring business or end-user will be responsible for determining the tax status of any contractors engaged through an intermediary. Where the…
Uber drivers are ‘workers’ for UK employment law purposes
In Uber BV and others v Aslam and others the Supreme Court confirmed that the Uber drivers in the United Kingdom are entitled to core rights such as paid holiday and the national minimum wage. What Is the Issue? In the United Kingdom, there are three categories of employment: employees, workers and self-employed contractors. Each…
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Homeworking – one year on
It is almost a year since Prime Minister Boris Johnson announced a three-week national lockdown. So much has changed but the government guidance remains that if you can work effectively at home, you should. Many of us will continue to work predominantly at home even when the government lifts the restrictions. The first lockdown caught…
Can you dismiss someone for not wearing a facemask?
Yes, according to Kubilius v Kent Foods Ltd ET/3201960/2020 (10 February 2021) Mr Kubilius was employed as a delivery driver by Kent Foods Ltd (Kent). Kent’s employee handbook required courteous treatment of clients and that employees take all reasonable steps to safeguard their health and safety and that of others as a result of their…
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Covid-19 and annual leave
Your employees carried annual leave over from the last holiday year. Despite the vaccine, we still face restrictions on holidaying abroad and how we can interact in the UK. So, people may still be reluctant to book annual leave. Eventually, you’ll need everyone at work, not on holiday. So, where do you stand? Can you…
Managing performance remotely
Managing performance is more difficult if you have less contact with your employees and only meet them remotely. New starters may be unfamiliar with how you work. Some employees may find their working time loses out to home-schooling or caring for shielding or sick people in their household. Others may find it difficult to switch…
Employees who are refused settled or pre-settled status
EU, EEA or Swiss citizens, and their families, can apply to the EU Settlement Scheme to continue living in the UK after 30th June 2021. But what if their application is refused? That can happen because the applicant was not resident in the UK by 11.00 pm on 31st December 2020 or because they are…
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An employee facing disciplinary proceedings goes off sick. What should you do?
Postpone They may be unfit to work but still able to engage with a disciplinary hearing. It will depend on the reason for their absence. Postpone the hearing rather than immediately setting a new date. That will prevent the people who are conducting the meeting and taking the notes from making plans that they then…
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Swiss insurance firm Zurich has introduced ‘lockdown leave’, constituting two weeks of paid leave
You can but you shouldn’t unless you have a legitimate reason to do so. Coronavirus vaccines have been approved and are being rolled out. Whilst the government has drawn up a priority recipients list, it has pledged to offer the vaccine to all adults by the autumn. Currently, you can’t insist that an employee has…
Should you provide ‘lockdown leave’ for parents with childcare needs?
Swiss insurance firm Zurich has introduced ‘lockdown leave’, constituting two weeks of paid leave for parents facing emergency childcare problems in the face of primary and secondary school closures during the third national lockdown. This is more than an employee’s statutory right to take time off work to deal with emergencies involving the care of…
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How will Brexit affect UK employment law?
The United Kingdom and the European Union agreed a Trade and Cooperation Agreement on 30th December 2020. The UK’s withdrawal from the EU is unlikely to have an immediate impact on its employment lawdespite much of it being derived from EU law. Existing EU law has been converted into domestic legislation but it will be…
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How to cope with Subject Access Requests
The Data Protection Act 2018 (DPA) allows a person to make a subject access request (SAR) for the data you process about them, and for copies of those data along with information about how and why you process them. Any of you that have responded to a request know that the obligation can be onerous,…
