Articles

Here you will find all the latest news from the SCE team. In this section we will feature news about what we have been up to, recent mentions in the press, information about the work we do in the community and lots more.

Monthly Archive October 2014

Actors put Employment Status in the Spotlight

Employment status plays a central role in employment law as it determines the rights and protections available to individuals and can often have implications in relation to, for example, tax liability.

In the last three years alone, the Court of Appeal and the Supreme Court have decided on the employment status of volunteers, lap dancers as well as Methodist Preachers.

Given the complexities in this area of law, the Government’s recent decision to review worker and employee status is welcome in many quarters. According to the Department for Business, Innovation and Skills (BIS) many individuals are currently unaware of their employment status and so consequently their employment rights.

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Can an employee’s “effective date of termination” be affected by their on-going appeal?

The effective date of termination (EDT) is when an employee’s employment officially ends. It is crucial for establishing, amongst other things, whether they are within the time limit for bringing an Employment Tribunal (ET) claim. For example, unfair dismissal claims must be brought within 3 months of the effective date of termination.

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New Right to Shared Parental Leave

The new Shared Parental Leave (SPL) right is touted as the final piece in the Coalition’s family friendly policy puzzle. This right which is due to come into force on 1 December will for the first time enable parents and adopters to share statutory leave and pay after the birth of their baby or after having adopted their child, providing they meet the eligibility criteria. The new system will be applicable to parents whose babies are due from 5 April 2015.

For health and safety reasons, mothers will still be required to take two weeks compulsory maternity leave, but the remaining 50 weeks of leave and 37 weeks of pay can be shared between parents. They will have the choice of taking leave at the same time and/or in turns to care for their child. Although the employer cannot refuse leave that can and may be taken in a continuous period, they are however entitled to refuse discontinuous periods of leave.

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