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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Tag Archive Employeeemployee rightsEmployeesEmployersEmploymentEmployment AdviceEmployment LawEmployment SolicitorsEmployment StatusNational Living Wageprotectionself employedSelf-EmployedWorkerWorking Time Regulations
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MarThe 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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MarNew 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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MayHow to Reduce Stress at Work: 12 Strategies to Handle Stressful Careers
We were recently approached by Click Time, following our “Managing employee stress at work” article that we published in February last year. Click Time has very kindly written a guest blog for us and they have provided us with their 12 Strategies to Handle Stressful Careers. We hope you find these suggestions helpful and find that they are something you are able to implement within your workplace.
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MayRamadan; Adjustments To The Employment Environment
Ramadan is around the corner, and given that around 4.2% of the county’s population will be fasting, I thought it would be useful to put together some facts for employers together with some guidance on making temporary adjustments to their policies to help staff observe Ramadan.
Here are some facts about Islam and Ramadan:
Read MoreThe continued holiday pay saga: Commission
The Employment Appeal Tribunal has confirmed in the long-running case of Lock v British Gas Trading Ltd, which was first brought to tribunal in April 2012 that employers will have to pay commission as part of holiday pay.
Read MoreFailure to undertake ACAS Early Conciliation: Sympathy Irrelevant
Since the introduction of the ACAS Early Conciliation (‘AEC’) scheme in May 2014, it has been mandatory for any individual seeking to make a claim to the Employment Tribunal (‘ET’) to first attempt to conciliate with the party with whom they are aggrieved via ACAS.
The logic behind this is simple; if the parties are required as a matter of course to discuss the claim before it is lodged, there is a greater chance that ACAS can assist them in settling their differences amicably before litigation is commenced, litigation which would put the taxpayer to expense.
Read MoreZero Hour Contracts: Menace of the worker or just practical?
The wider media has been abuzz recently over a survey conducted by the Chartered Institute of Personnel Development, which indicated that the number of individuals working under zero hours contracts is roughly four times the official estimates previously calculated by the Office of National Statistics.
The wildly differing figures have lit a fire under the government which has called for a review of the contracts, while union lobbies are seeking for them to be banned outright. So why then are these divisive contracts so prevalent in our society?
Read MoreCovert Surveillance at Work: Should Big Brother be Watching?
I have had a busy week this week so John Dickens has kindly stepped in and produced this article about the topical issue ‘covert surveillance’ (as some of you may have read about poor Anthea Orchard).
Most of the time, in a public environment, most of us are aware (or should be aware) that we are being watched; this is now a generally accepted fact of modern life. However being watched in the course of one’s employment can raise a number of cutting issues and cause disagreement as to whether such surveillance infringes too much on the civil liberties of the relevant employees.
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