Employment law newsletters: past editions

May 2018

Football, medical reports, another gig economy case and ... MORE

April 2018

Workplace romance, secret recordings, dismissals and ... MORE

March 2018

Religious holidays, compulsory holidays, missing holidays, changes in the law and ... MORE

February 2018

Some of you may have been snowed in and are reading this newsletter from the comfort of your lounge. But what about those opportunists who could have got to work but lack the will? MORE

January 2018

Can you use CCTV to monitor employees? Are two breaks of 10 minutes as good as one of 20? Protected conversations and MORE

November 2017

Developments in the gig economy - Uber and Deliveroo READ MORE

October 2017

The National Minimum Wage (NMW) is the minimum amount an employer can legally pay a worker. If you pay less than this HMRC can act to require you to make good any shortfall ... READ MORE

September 2017

Traditionally July and August have been the quietest periods in the world of employment law. Not so this summer ... READ MORE

July 2017

We are accustomed to giving you, dear reader, a 'bumper' issue to occupy you while you summer in the holiday destination of your choice and impatiently await our next issue in September. Often that has been achieved through a serendipitous increase in the number of individual developments worthy of coverage. However ... READ MORE

July 2017 - newsflash about the Supreme Court decision

The law says Employment Tribunal fees are unlawful READ MORE

June 2017

Well, the fond hope expressed in our May 2017 edition bore some fruit, even if it was slightly stunted and has withered further since – the general election turned into more of a contest than most forecast. READ MORE

May 2017

If the polls are to be believed (.....), we need only to include the first of the paragraphs that follow. However, in the fond hope that something approximating to a contest will break out by Thursday 8th June READ MORE

April 2017

Yes, it's that time of year again – Employment Law Update time, when the new, 2017-2018 edition of our Employment law for line managers is also released! READ MORE

March 2017

For the time being at least, the UK's employment law is governed by applicable European Union directives and their interpretation by the European Court of Justice (ECJ). So, the recent ruling of the ECJ ... READ MORE

February 2017

If, despite features in our November/December 2016 (the Uber tribunal decision is now heading to the Employment Appeal Tribunal) and January 2017 issues, anyone out there still doubted that the law's guns are firmly trained on the working arrangements now commonly associated with the 'gig' economy, here... READ MORE

January 2017

Welcome to 2017. Having derived great reassurance from watching President Trump's inauguration and Teresa May's Lancaster House Brexit address, here's a little distraction while we await the Supreme Court's imminent ruling on the Article 50 process. READ MORE

November/December 2016

That's almost it then – another year nearly over. So here's the last newsletter of 2016. This time, we have no reflections for you on the state or turbulence of employment law ... READ MORE

October 2016

We last covered the saga of British Gas v Lock in January 2016 and February 2016. This case directly concerns the inclusion of commission payments in the calculation of holiday pay. READ MORE

September 2016

What happens when, in the face of direct competition for custom from an independent commercial entity (if you like, an 'intruder'), a local authority waves the white flag and decides to terminate its own service provided by a contractor? Specifically, is the council's contracted service-provider able to avoid ongoing liabilities to its staff by treating the situation as a service provision change (SPC) under TUPE? READ MORE

July 2016

It is almost a British tradition that, during the summer Parliamentary recess, nothing of political consequence is introduced or visibly dealt with, leaving the media with little choice but to unearth trivial stories READ MORE

June 2016

Is mutuality of obligation, the on-going commitment of the parties to each other, as vital to establishing that a claimant is 'employed under a contract personally to do work' (the existence of which is a pre-requisite of claims under the Equality Act) as it is for showing the existence of a 'contract of employment' (for unfair dismissal and other employment rights under the Employment Rights Act)? READ MORE

May 2016

It seems there is a divide on the Brexit question between smaller and larger businesses. The former's support for the UK's withdrawal from the European Union (EU) is, we suspect, based significantly on a view that 'red tape' will be substantially reduced ... READ MORE

April 2016

You may well have received an invitation by e-mail recently anyway, but, just in case you were overlooked (sorry!) or you missed it, do make sure you sign up for one of Collinson Grant's annual employment law update sessions. READ MORE

March 2016

In the February 2016 issue, we mentioned that, inflation having been so low, nothing much was happening to the level of certain benefit rates and pension auto-enrolment thresholds in April. READ MORE

February 2016

The January 2016 edition reminded you that we were due the judgment of the Employment Appeal Tribunal (EAT) in British Gas v Lock, about the interpretation of the Working Time Regulations (WTR) on the calculation of holiday pay (a thorny subject, covered several times in this newsletter over the last 15 months). The ruling has just been given. READ MORE

January 2016

Welcome to 2016. If you have lifted your head to peer through the winter rain and gloom, you may have noticed or remembered that there are a couple of potentially important changes coming down the tracks. READ MORE

December 2015

Well, here we are again – Christmas is fast approaching and the end of another year is in sight. To us, it seems that 2015 has been quieter than most of its recent predecessors ... READ MORE

October 2015

For those of you still coming to terms with the legislation and associated guidance on shared parental leave (SPL) and trying to develop intelligible related internal policies and procedures, there was some really good news from the Conservatives' recent conference in Manchester. READ MORE

September 2015

Welcome back – even if the summer hasn't seen you away much or you've been back for some time, everything still has a bit of that 'new school year' feel about it. But, in case the HR professionals among you are imbued with a 'fresh start' enthusiasm that might overreach itself, here's a warning of sorts from the Employment Appeal Tribunal (EAT). READ MORE

July 2015

As this is our last issue until September, we would like to take this chance to wish those of you heading off on holiday, or at least taking a break, an enjoyable and relaxing time. READ MORE

Newsflash July 2015

An employee who has been on sick leave can carry forward accrued unused holiday to a different holiday year. But only for 18 months. READ MORE

June 2015

Under TUPE, a service provision change (SPC) is where a 'client' contracts out a function to, or takes it back from, a 'contractor' (or where a client's contracted-out function is passed from one contractor to another). The paradigm of an SPC rests with this simple, bilateral relationship, but this can be the tip of the iceberg. In reality, contracted-out arrangements often involve more parties ... READ MORE

May 2015

Well, that was that... After all the debate, fuss and bother about Parliamentary majorities and protracted negotiations about coalitions, the identity of the new government was clear before breakfast time on Friday 8th May. So, any difficulties ... READ MORE

Newsflash - April 2015

Before the now infamous USDAW v Woolworths case an employer was required to consult 'appropriate representatives' of employees ... READ MORE

April 2015

The coalition partners, and particularly the Conservatives, are now making much of the 'fact' that they have made 'exclusivity clauses' in zero hours contracts (ZHCs) unenforceable. Well, sort of… The Small Business, Enterprise and Employment Act (SBEEA) is now on the books ... READ MORE

March 2015

If you don't already know, our annual updates on employment law will be on Tuesday 9th June (at the Malmaison Hotel, Manchester) and Thursday 11th June (at the Novotel London City South). To register or for further details, please click here. READ MORE

February 2015

We can't yet let you away from the topic of recalculating holiday pay to include overtime and many other 'non-basic' earnings... READ MORE

January 2015

In a fast-moving scenario, two things have become apparent since our December 2014 issue. First, time limits having now expired, none of the parties in Bear Scotland v Fulton seems to have presented an appeal... READ MORE

December 2014

The good news is that the union supporting the employee litigants in Bear Scotland v Fulton, the well-publicised case about overtime pay and holiday pay (see our Special Edition of 5th November), has said it will not be going to appeal on the most contentious aspect of the EAT's ruling – the one that restricts most claims for back pay to a maximum of one year. READ MORE

November 2014 - special edition

Holiday pay - time to get the wallet out?
READ MORE

October 2014

Our September 2014 issue featured the new rules on shared parental leave. It referred you to various sources of additional information. Now the Government has upped its game on guidance on this administratively tricky subject. It has published an Employers' Technical Guide to Shared Parental Leave and Pay. It is a large document. It can be found by searching the gov.uk site. Acas has followed suit, with more detailed guidance than was available last month and template documents. READ MORE

Newsflash - October 2014

New rights for fathers and partners to attend antenatal appointments READ MORE

September 2014

As they return from holidays for the 'new term', even those employers and managers with a limited understanding of human biology will be able to work out that, if the new rules on shared parental leave are available in relation to babies due on or after 5th April 2015, it will not be long before employees begin to enquire about or exercise the new rights. So, an awareness of what's involved is handy. As with all schemes associated with parental time off, the rules are detailed, 'administrative' and, generally, quite anodyne. That, and the availability of other sources of information (see below), means that, having reminded you of their advent, we shall avoid an extensive recital of them here. READ MORE

July 2014

Since receiving the Royal Assent, the Equality Act 2010 has contained a provision for employment tribunals to order an employer losing an equal pay claim to undertake an equal pay audit of its workforce. It has not been activated to date, but that is to change in respect of any claim made on or after 1st October. The draft regulations make clear that, where an equal pay claim has been lost, the tribunal will be obliged to order an audit. The audit would require the employer to publish gender pay information, explain any reasons for differentials between men and women (including any that would appear to be equal pay breaches) and specify a plan to prevent any such breaches continuing or occurring. The failure to conduct an audit that had been ordered would expose the employer to a fine of up to £5,000. READ MORE

June 2014

Finally, the talk about regulating 'zero-hours contracts' (ZHCs) has produced something. Clause 139 of the Small Business, Enterprise and Employment Bill will make exclusivity clauses (where the individual must not work for anyone else) in such arrangements unenforceable. READ MORE

May 2014

In Warm Zones v Sophie Thurley, the High Court decided that an injunction should be issued to compel former employees to allow their former employer, Warm Zones (WZ), to view and copy files on their personal computers. READ MORE

April 2014

There are now new, shorter periods after which most criminal convictions become 'spent' and so need not be disclosed to potential employers. However, the abbreviation is somewhat diluted because, except for a conviction attracting only a fine, these shorter 'rehabilitation periods' now run from the completion of the sentence rather than the date of conviction itself. READ MORE

March 2014

As the bulbs and buds burst forth and the birds start to sing more vibrantly, the law affecting employment experiences its own annual regeneration. But, this year, the spring changes are both more condensed and more extensive. READ MORE

February 2014

The National Minimum Wage (NMW) is £6.31 per hour. For a 40-hour week, that equates to less than £13,500 per annum. READ MORE

January 2014

A new provision makes clear that this, more flexible structure does not remove the normal legal requirements for a valid variation of contract. So, effectively, all that is happening is that TUPE, having been more restrictive about which transfer-related changes could ever be acceptable, is now becoming slightly less so. READ MORE

December 2013

In Crystal Palace FC v Kavanagh, the Court of Appeal (CA) gave a ruling that supports the 'rescue culture' and, more generally, hints that the judges are not insensitive to the pressures faced by businesses and their advisers in the current economic climate. READ MORE

October 2013

Reports from the British Chambers of Commerce and the Department for Business (BIS) confirm what we said in our September issue - there is no sign of any surge of employers offering 'employee shareholder' status to staff. But there are still interesting, opportunistic and (we hope) unintended, applications of the new rules. The Financial Times recently reported on the sale of Whitworths, a long established supplier of dried fruit and nuts. The purchaser gave senior managers each a £50,000 equity stake in the business in return for the assumption of 'employee shareholder' status, with its attendant income and capital gains tax exemptions. READ MORE

September 2013

The value of a new regime is often inversely proportionate to the size or complexity of the apparatus that surrounds and feeds it. And that, we suspect, is gradually being illustrated by the new 'employee shareholder' laws. We take the view that they are largely a gimmick with which the majority of established employees at least will have little truck - many will find it impossible to equate the benefits of, say, £5,000 worth of shares with accrued entitlements to redundancy pay and protection from unfair dismissal. READ MORE

July 2013

Even in this era of long weekends and short breaks, we look forward to our 'proper' summer holidays. We know that many of you will be equally distracted in the coming weeks. And legislators and judges are certainly no strangers to the summer vacation, meaning there should be fewer employment law 'hot spots' over the next couple of months. So, we reckon the next edition of the newsletter is best held over until September (that's why this one is a bit fuller than usual - almost a 'bumper issue'), while you enjoy a break in the meantime. READ MORE

June 2013

A failure to allow or process an appeal by an employee dismissed for disciplinary reasons will generally mean that the dismissal is unfair, even if only on a technicality. But the frequent worthlessness of that proposition in a TUPE situation has been illustrated by the EAT's decision in Bangura v Southern Cross Healthcare. READ MORE

May 2013

Our free, one-day employment law updates will be held in Manchester and London on Tuesday 18th June and Thursday 20th June respectively. READ MORE

April 2013

The Government must have realised that it is difficult to keep track of all the changes under way in employment law - perhaps it even needed to send an aide memoire to itself. In March, it published a 'state of play' document. READ MORE

March 2013

Now here's a decision to be understood clearly. The short, simplified headline for the decision of the Employment Appeal Tribunal (EAT) in Mental Health Care (UK) v Biluan is about assessment centres not being an appropriate approach for redundancies.READ MORE

February 2013

After all the talk, false or slow starts and 'calls for evidence', the mooted changes in employment legislation have started to firm up. READ MORE

January 2013

Recently, several clients have raised with us the same uncertainty about an aspect of pensions auto-enrolment.READ MORE

December 2012

The legal position on the meaning of 'establishment' (for deciding whether there are 20 or more proposed redundancies and collective consultation is necessary) is getting clearer. READ MORE

October 2012

Will a redundancy exercise be valid if it initially puts at risk just one employee, rather than two or more in a 'pool'? READ MORE

August 2012

The Schulte and Fraser decisions (both reported in our December 2011 issue), gave rise to understandable optimism that the courts and tribunals would consistently recognise the practical difficulties for employers associated with carrying over leave when sickness intervenes. READ MORE

June 2012

The Enterprise and Regulatory Reform Bill was presented to Parliament on 23rd May and has its second reading on 11th June. READ MORE

April 2012

Our last issue featured the EAT's decision in Dunn – suggesting that discriminating against an employee for being married to a particular person would be discrimination on the grounds of 'marriage'. READ MORE

February 2012

We are busy. We intend to carry on that way. So, we are pleased to announce that our employment law/employee relations team has just grown, with the arrival of Victoria Young. READ MORE