As the festive season approaches, our attention turns once more to work functions, in particular the annual Christmas party. After last year’s festivities were placed on hold, many employees will welcome the opportunity to socialise with colleagues and ‘let their hair down’. While your Christmas party may take place outside of normal working hours, employees…

Last month the ICO published an enforcement notice against an employer who failed to respond to an employee’s data subject access request submitted during the course of tribunal proceedings. A data subject access request was issued on 7 May 2020.The employer refused to respond to the request on the basis that they would wait until…

Lockdown restrictions in the UK have now been lifted in their entirety with all businesses receiving the green light to open their doors. Whilst some employees may be reluctant to return to the workplace because they have found some degree of remote working to be beneficial, others may still have concerns about the risks of…

After over a year of living with the virus, it appears that we are for now at least, returning to normality. However, we are now faced with a new issue, vaccination requirements. Where an employee is hesitant about the vaccine, will any refusal to be vaccinated constitute grounds for dismissal? Dismissing an employee with over…

The Coronavirus Job Retention Scheme (CJRS) is scheduled to close on 30 September 2021. In anticipation of this closure, the government has once again decided that the level of grant received under the scheme will gradually be reduced. Employers may top up salary to 100% at their discretion however topping up to 80% will be…

Over one year on from the UK’s first lockdown we’re now receiving judgments for unfair dismissal claims raised at the outset of the pandemic and which relate to various covid issues. In this update we’ll review some key cases and consider the wider implications of these judgments. Rodgers v Leeds Laser Cutting Limited On 23…

In February, the Supreme Court upheld the Employment Tribunal’s decision that Uber’s drivers were workers for the purposes of the Employment Rights Act 1996, the Working Time Regulations 1998 and the National Minimum Wage Act 1998. In reaching this decision, the Court gave primacy to the intention of those statutory instruments rather than to the…

Employers may be familiar with the phrase ‘all reasonable steps’ and how taking such steps can provide them with a defence to a claim for against vicarious liability in the event that their employee unlawfully discriminates against another individual. The idea of reasonableness is a common theme in employment law and one that is particularly…

Post-employment restrictive covenants are a useful tool for employers who are concerned that exiting employees may misuse their knowledge of clients to further another business’s interests. However, the recent High Court decision in Quilter Private Client Advisers Ltd v Falconer and another highlights the difficulties employers can face when seeking to enforce them. The case…

IR35 applies if your contractor (or consultant) would be deemed an employee if they were engaged by you (the client) directly rather than through an intermediary. Under the current IR35 rules, if your contractor is engaged via an intermediary, in many cases their own personal service company (PSC), then that intermediary determines the contractor’s employment…

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