Employees sometimes have clauses in their contracts of employment which, on termination of employment, limit their ability to work in competition with their ex-employer (so-called ‘non-competition covenants’). These clauses are often put in place to protect confidential information which the employee might be leaving with and which may be valuable to a competitor.
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A man has revealed that he learnt he had been unsuccessful in a job application after the company’s HR department accidentally copied him into an email chain. After applying to work at a coffee company he received an email from the hiring manager which was not intended for him. He had been accidentally CC’d. According to a screenshot shared on the social media platform TikTok, the email read: “Well that’s interesting okay so let’s reject him…”
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The Working Time Regulations 1998 set out the key rules regarding holiday rights in the UK, including holiday pay. The Regulations include a provision (Regulation 14) which states that the amount of holiday pay due on termination of employment is either that which would be prescribed if the formula set out in the Regulations were applied or such other sum which is stated to be payable on termination of employment pursuant to a ‘relevant agreement’. There had been much debate amongst employers about what such a ‘relevant agreement’ could include.
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A recent Employment Appeal Tribunal decision has set out further guidance on how tribunals should approach the issue of employment status following the landmark decision of the Supreme Court in Uber BV v Aslam. In Manning v Walker Crips Investment Management Limited the Claimant was engaged as an ‘associate’ for the Respondent working as an investment manager. His contract with the Respondent stated that he was a self-employed contractor, and he was paid on a commission-only basis. His contract included a substitution clause which stated that any substitute had to be approved by the Respondent.
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The Government has announced the employment law rate changes that come into force in April 2023.
From 1 April 2023:
From 2 April 2023 Statutory Maternity Pay, Statutory Paternity Pay, Shared Parental Pay, Statutory Parental Bereavement Pay and Statutory Adoption Pay all rose to a maximum of £172.48 per week.
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You might think that it would be tricky for an employer to dismiss an employee without meaning to. A recent Employment Appeal Tribunal decision highlights the importance of careful drafting when making offers of settlement to an employee.
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Under section 15 Equality Act 2010, ‘discrimination arising from a disability’ occurs where an employer treats a candidate or employee ‘unfavourably’ because of something arising in consequence of a disability and it is not able to objectively justify that treatment.
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The Retained EU Law (Revocation & Reform) Bill, which is currently rumbling through the House of Lords, will lead to the removal of EU-derived secondary legislation at the end of this year unless it is specifically preserved – the so-called ‘sunsetting’ provisions. The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) is one of the significant pieces of employment legislation which would be vulnerable to removal.
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There was a definite theme running through the employment proposals announced in the Spring 2023 Budget: ‘Get back to work’!
Announcements included:
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The Muslim holy month of Ramadan began on 22 March 2023 and will end 29 or 30 days later. During Ramadan, adult Muslims observe a fast between dawn and dusk. Exceptions are made for those who are pregnant, menstruating or in poor health.
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