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Author Archive: Samira Cakali

Status and Rights - Employee, Worker or Self-Employed

Employee, worker or self-employed? Comparing status and rights

The statutory definitions of the three categories of employment status have long been criticised as being unclear, and over the years a body of case law interpreting these definitions has grown up. Despite this, it remains difficult to set out a definitive list of criteria to allow employers or employees to determine whether an individual’s status is that of employee, worker or self-employed.

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Top 10 Employment Law Changes

The top 10 landmark employment law changes over the past 10 years

We’re continuing our theme of top 10s to celebrate our 10 years in business.  This time we’ve come up with a top 10 of notable employment law changes.  As we all know, employment law is constantly changing and when we looked back, we found that there have been some quite ‘iconic’ changes in recent years.   

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New rules for IR35 and off-payroll working from 6 April

New rules for IR35 and off-payroll working from 6 April

After postponements in 2019 and 2020, the 6 April 2021 is the third date scheduled for the off-payroll working rules to be extended to the private sector. The purpose of the change is to increase compliance with tax rules known as IR35. This change has implications for:

  • medium and large private sector organisations using contractors and freelancers;
  • contractors and freelancers who provide their services through an intermediary, such as a personal services company; and
  • agencies supplying contractors who provide their services through an intermediary.
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Employee Vaccination

Can employers insist employees get vaccinated?

The rollout of the vaccination programme has been welcomed as the beginning of the end for the Covid-19 pandemic. For many employers, ensuring their workforce is vaccinated is an important step in getting their business back to operating as usual. However, the effects of ‘vaccine hesitancy’ and the anti-vaccine movement may mean that some employees refuse to be vaccinated.

How employers respond to choices around vaccinations brings into play employment law, data protection law and human rights and here we answer 5 common questions.

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World of Work - 10 ways the world of work has changed

10 ways the world of work has changed in the last 10 years – 2011 vs 2021

A new year is upon us and with all the uncertainty going on around us at the moment, it seems like the perfect opportunity to reflect and evaluate. We have all had to adapt in so many ways over the last 12 months, not least in how we all work, that we thought we’d have a look at how the world of work has changed in the last 10 years.

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Celebrating 10 successful years of SCE Solicitors

Celebrating 10 successful years of providing specialist, client focused employment advice

Here at SCE Solicitors, in 2021 we are celebrating 10 successful years since our specialist HR & Employment Law firm was founded in 2011. Demand for our legal services, including our specialist mental health in the workplace support, has soared recently as employers grapple with managing staff through COVID-19 restrictions.

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It is time to refresh HR policies and practices for 2021

It is time to refresh HR policies and practices for 2021

2020 was a tumultuous year with employers having to respond rapidly to the challenges of the pandemic and it doesn’t look like it is easing any time soon. Culturally the world has shifted too, with the Black Lives Matter movement bringing momentum to improving equality and diversity at work. The end of the Brexit transition period on 31 December 2020 means an end to free movement and has implications for UK employment law.

As we now enter a further lockdown this is a good time to review and refresh HR policies and practices after a fast-paced 2020 and to get ready for the challenges of the new year.

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Wellbeing and mental health of employees

Ensuring the wellbeing and mental health of employees working from home

While some people are enjoying working from home, this is not the case for everyone and the negative impacts over several months are taking a toll on some employees.

Employers are unsure of their responsibilities for mental health and how to deal with performance issues, when the boundary between home and work has become blurred, they want to know how best to support their employees’ wellbeing while keeping the business on track in difficult times. This includes knowing what questions you can ask, how to address mental health issues, and how to be fair in disciplinary procedures.

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Keeping your workforce agile and within the law

The viability of many businesses is on a knife edge and flexibility in scaling the workforce up or down at short notice has become increasingly important.

For many employers, keeping their workforce as flexible as possible will be essential for their future. However, the law around zero hours contracts, self-employment, personal service companies and agency workers is complex, and now is the time to take stock of your current arrangements.

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7 pitfalls to avoid when making redundancies

As the Chancellor’s coronavirus job retention scheme enters its final phase and the prospect of a return to normal business seems distant for many companies, employers are having to contemplate redundancies if they are to keep their business afloat.

Getting the redundancy procedure right is crucial, as mistakes can open the door for an employee to bring a claim before an employment tribunal, There has already been an increase in claims, particularly in regard to unfair dismissal relating to redundancy.

Here are some common misunderstandings and mistakes for employers to avoid.

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