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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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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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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:
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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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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In the wake of recent events, there is increased momentum in addressing racial inequalities at work. Whilst this is extremely important, businesses must not forget to take account of employment law and although positive discrimination is prohibited, positive action is lawful and there are plenty employers can do to tackle inequality of all kinds and particularly racial equality.
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A DSAR is a right that individuals have under the Data Protection Act 2018 to request a copy of the data that an organisation holds about them. The individual can request to see a copy of such data, as well as ask:
An employee with two years’ service can bring a claim for unfair dismissal. Where an employee with a protected characteristic argues that their redundancy was discriminatory, they can bring a claim regardless of their length of employment.
Even if the need to make redundancies is obvious, employers still need to follow a fair procedure carefully. This will nearly always involve the following 5 key elements:
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As businesses look at re-opening after lockdown and returning to some form of “new normal” we thought it would be a good idea to provide employers with guidance to returning to a safe environment as we continue to battle Covid-19.
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As the lockdown continues, the Government has extended access to its coronavirus job retention scheme and employers are settling in to a new way of working. Business life may have drastically changed, but employment law still applies.
You should check the Government website for the latest guidance in conjunction with this article, as the guidelines on the coronavirus (COVID-19) are changing daily. The guidance and the Treasury direction are inconsistent in places. You should speak to your solicitor for specific advice for your business.
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