UK Employment Law

Advice and Guidance for UK Employers

News and Articles on UK Employment Law

As an employer in the UK, here’s information you need to know regarding employment law

  • The Right to Appeal – What Does It Mean and When Does It Apply?

    The Right to Appeal – What Does It Mean and When Does It Apply?

    Employees have a right to appeal decisions relating to certain HR processes and in this blog post we look at this right in more detail so that you can understand when it applies and how you should deal with appeals.

    Read more…

  • Management Discretion: Consistency in Applying HR Policies

    Management Discretion: Consistency in Applying HR Policies

    Many of our clients have policies in place which set out clearly what their position is and yet they all tend to contain the phrase “Any variation from this policy is entirely at management discretion”. Clients have found themselves being accused of discrimination because they have treated individuals differently, so is it really possible to have HR policies which offer flexibility?

    Read more…

  • Are Employees Entitled to Take the Extra Public Holiday in 2022?

    Are Employees Entitled to Take the Extra Public Holiday in 2022?

    An extra public holiday has been announced for 3rd June 2022 to celebrate the Queen’s Platinum Jubilee. For many employers, they will simply give everyone an additional paid day off but is this something that employers have to do or it is something over which you have a choice?

    Read more…

  • How Do You Calculate Employee Holiday Correctly?

    How Do You Calculate Employee Holiday Correctly?

    Holiday calculations can often by confusing, for example, if someone joins or leaves a company part-way through a year, or what happens with holiday when on maternity leave. This blog post answers the questions we receive most frequently on how to calculate employee holiday.

    Read more…

  • Changing terms and conditions of employment – can it be done?

    Changing terms and conditions of employment – can it be done?

    Changing terms and conditions of employment can be difficult. We’ve recently had a number of our clients ask whether they can change their employees’ terms and conditions of employment, particularly following a TUPE transfer. A simple answer is yes you can, but you need to follow a diligent process and be aware of potential pitfalls.

    Read more…

  • Tips on Managing Summertime Employee Absenteeism

    Tips on Managing Summertime Employee Absenteeism

    At this time of year employee absenteeism can be on the rise. It’s not the coughs and colds that lead to the “I’m too ill to work” telephone calls, it tends to be more related to sunburn and Pimms! Obviously, it can be very difficult to prove that someone isn’t genuinely ill but there are some situations that can arise that need careful handling.

    Read more…

  • Can Gagging Orders be Enforced?

    Can Gagging Orders be Enforced?

    Typically, gagging orders are included in settlement agreements for legitimate reasons but they have been used to cover up matters that organisations would prefer others to not find out about. This post provides insights into what you can do when it comes to gagging orders and what to avoid.

    Read more…

  • Can and Should You Always Dismiss an Employee for Gross Misconduct?

    Can and Should You Always Dismiss an Employee for Gross Misconduct?

    Many employers have a list of behaviours in their employee disciplinary policy that constitute gross misconduct. If an employee commits one of these ‘crimes’ then the outcome is clear, right? Well, not necessarily. This post sets out the process and considerations that you need to make before dismissing an employee on the grounds of gross misconduct.

    Read more…

  • The Right to Request Flexible Working

    The Right to Request Flexible Working

    Any employee who has more than 26 weeks’ service has a legal right to request flexible working which covers not just the hours that they work, but also where they work from. This post gives insight into the rules and what you, as an employer, should do when you receive a flexible working request.

    Read more…

  • HR Implications of Brexit and Employment Law Changes in 2021

    HR Implications of Brexit and Employment Law Changes in 2021

    Were it not for COVID-19, Brexit is a subject that would have received far more press coverage across 2020 but there have simply been other more pressing matters to deal with. However, there’s no getting away from the fact that Brexit is happening and it’s essential that business owners and managers know the changes and the implications on their business.

    Read more…

  • How Soon After Redundancy Can I Rehire?

    How Soon After Redundancy Can I Rehire?

    You’ve made some redundancies in line with the needs of your business. However, things change and sometimes new recruits are needed again shortly after a redundancy process. So now what? This post provides guidance for employers and managers into what you should and should not do regarding rehiring after redundancy.

    Read more…

  • IR35 Changes Postponed April 2021: Changes to Legislation Deferred due to Coronavirus Challenges

    IR35 Changes Postponed April 2021: Changes to Legislation Deferred due to Coronavirus Challenges

    On 17 March, 2020, the government announced the postponement of the changes to IR35 legislation until April 2021. This is in reaction to the more immediate concerns regarding businesses management of the impact of the coronavirus well-being measures on their business and the wider economy.

    Read more…

  • Sponsoring EU Nationals: Important changes to the Immigration Points Based System for 2021

    Sponsoring EU Nationals: Important changes to the Immigration Points Based System for 2021

    The new Points Based System is not as complicated as feared, however, it is important for businesses which sponsor and employ EU nationals to be aware of the key areas of this new legislation in regards to sponsoring EU nationals and what it means for individual companies.

    Read more…

  • TUPE Transfers: Answers to TUPE FAQ

    TUPE Transfers: Answers to TUPE FAQ

    TUPE has been in place in the UK since 1981 and yet remains one of the most complicated and frustrating piece of employment legislation. Nonetheless, it’s here to stay for now so we thought it would be prudent to answer the most FAQs we receive on TUPE.

    Read more…

  • Good Work Plan: Important Legislation Changes for April 2020

    Good Work Plan: Important Legislation Changes for April 2020

    The Good Work Plan includes recommendations from the Taylor report (Jul-17) which are being incorporated into UK employment law, including three significant employment contract and policy changes that are set to come into force.

    Read more…

  • How do the Changes to IR35 Impact SME Businesses?

    How do the Changes to IR35 Impact SME Businesses?

    If you don’t work with contractors or freelancers then this blog post isn’t really for you. If you do, then you should keep reading as there are changes coming that could have a big impact on your workforce and which place additional responsibilities on you as a company.

    Read more…

  • Death in Service: What To Do When an Employee Dies

    Death in Service: What To Do When an Employee Dies

    Dealing with a death of an employee can be a tragic and challenging time. Fortunately, it is unlikely to happen that often so you shouldn’t have to deal with it regularly. It’s never a nice time and your focus is likely to be on many things, so here are a few steps that can help you along the way in dealing with the impact.

    Read more…

  • Parental Bereavement Leave and Pay Regulations (also known as “Jack’s Law”)

    Parental Bereavement Leave and Pay Regulations (also known as “Jack’s Law”)

    Insights into the Parental Bereavement Leave and Pay Regulations, known as Jack’s Law, will provide a statutory right to a minimum of 2 weeks’ leave for all employed parents if they lose a child under the age of 18, or suffer a stillbirth from 24 weeks of pregnancy.

    Read more…

  • How Can Employers Avoid Age Discrimination?

    How Can Employers Avoid Age Discrimination?

    Age discrimination legislation has been around since 2006. Despite this, some workplaces still seem to be catching up with the idea that inappropriate references to age in the workplace can land them in the same kind of legal nightmare as inappropriate references to gender or race.

    Read more…

  • Veganuary – A Fad or a Protected Characteristic?

    Veganuary – A Fad or a Protected Characteristic?

    With veganism estimated to have had a 360% rise in the UK during the past decade, and with many more people becoming vegans in the future, we have to consider whether veganism should have a protected status in the workplace.

    Read more…

  • What are the Rules around Continuous Service and Redundancy?

    What are the Rules around Continuous Service and Redundancy?

    There’s nothing like a possible redundancy process to make people pay attention to their length of service. For the first time since they signed their employment contract, people will be looking for confirmation of when their service started so that they can check their redundancy calculations. It is at this stage that we often find the continuous service debate raises its head. So what are the rules?

    Read more…

  • Covert Surveillance: Can You Record Your Employees and Can They Record You?

    Covert Surveillance: Can You Record Your Employees and Can They Record You?

    The question arises frequently as to whether evidence gathered this way is admissible in an employment tribunal case and also whether undertaking covert recording is a criminal act. As with many things in employment law, there is no definitive answer to these questions, however we can provide some guidance.

    Read more…

  • Employment Contracts: Are Yours Up-to-date?

    Employment Contracts:
    Are Yours Up-to-date?

    Now we know employment contracts are not the most exciting of topics but they can become exciting when you want to rely on them to protect your business! Employment law and employment law interpretation change constantly but when was the last time you updated your contract?

    Read more…

  • Insights into Family Leave Pay

    Insights into Family Leave Pay

    Shared Parental Leave, Maternity Leave, Paternity Leave, Parental Leave are all types of Family Leave that are available to working parents. They are complex pieces of legislation that have left many employers unclear as to what the rules are around pay and in particular, where do men and women need to be treated the same.

    Read more…

  • What Are the Rules on Giving Employees Notice?

    What Are the Rules on Giving Employees Notice?

    The requirement for notice to be given is understood by everyone however, whilst this might seem like a rather straight forward process, there are circumstances that make experienced managers hesitant. In this blog we clarify how notice provisions should apply.

    Read more…

  • What Happens to Annual Leave if Employees are Poorly on Bank Holidays?

    What Happens to Annual Leave if Employees are Poorly on Bank Holidays?

    We know that this is now our third blog post in fairly quick succession on holidays but it’s a topic that we get a lot of questions about. This post covers quite a specific area of holiday leave, providing insights into managing an employee’s sick leave when public and bank holidays are included in their holiday entitlement.

    Read more…

  • Is Vaping at Work Allowed or Not?

    Is Vaping at Work Allowed or Not?

    Whilst the smoking ban is quite straightforward, the concept of e-cigarettes or ‘vaping’ is still causing confusion with employers. Whilst not entirely risk-free, vaping is considered to be around 95% safer than normal smoking so should vaping at work be allowed?

    Read more…

  • How to Avoid Issues with Contractual Holiday

    How to Avoid Issues with Contractual Holiday

    This post looks at contractual holiday entitlements and contract wording. Your employment contract will have a clause that deals with the holidays and it will usually be pretty brief and will cover all the basics. Whilst the contractual holiday clause is rather short, the actual wording will be important.

    Read more…

  • When Does TUPE Apply?

    When Does TUPE Apply?

    An overview of what TUPE is, when it generally applies and what the basic responsibilities are for the employers involved.

    Read more…

  • Post Termination Restrictions: What You Can and Can’t Do

    Post Termination Restrictions:
    What You Can and Can’t Do

    When a key employee leaves your organisation, one of your concerns may be whether they are about to steal your clients and intellectual property. It is common practice to include post-termination restrictions within your employment contract to limit this. Our post covers what you should consider to ensure the covenants are enforceable.

    Read more…

  • Covert Surveillance: Can You Record your Employees?

    Covert Surveillance:
    Can You Record your Employees?

    Recording employees without their knowledge can present human rights issues and we would never suggest that this is something a business does routinely. However, a recent Employment Appeal Tribunal (EAT) hearing has seen case law tested in this area. The case looked at whether employers could undertake covert surveillance in order to prove fraud.

    Read more…

  • How Big a Threat Are Claims of Constructive Dismissal?

    How Big a Threat Are Claims of Constructive Dismissal?

    One employee issue our clients often worry about is having an employee resign and claim constructive dismissal based on dissatisfaction with some element of their employment or how they have been managed. This post provides insights so that you can understand the types of situations where these claims could be a risk to your business.

    Read more…

  • Covert Recordings: An Important Update on their Use in Employment Tribunals

    Covert Recordings: An Important Update on their Use in Employment Tribunals

    The area of whether or not covert recordings can be used as evidence in employment tribunals has always been fairly complicated but there have been important developments that mean employers need to exercise additional caution.

    Read more…

  • How to Calculate Holiday Pay

    How to Calculate Holiday Pay

    In late 2014, the Employment Appeals Tribunal (EAT) handed down a long-awaited decision regarding how businesses should be calculating holiday pay. This article provides a summary of the ruling and how it may impact your business and employment contracts.

    Read more…

  • Setting up a Competitor using Stolen Business Contacts

    Setting up a Competitor using Stolen Business Contacts

    This post runs through some recent case law which provides insights into employees attempting to steal business contacts to set up a rival business. It then provides guidance on how to protect your business from the same situation.

    Read more…

  • What Do You Do When Employee Use of Social Media Turns Nasty?

    What Do You Do When Employee Use of Social Media Turns Nasty?

    There are some forms of social media use, however, that step over the line to become harassment and bullying (both direct and anonymous) which are potentially damaging to your employees and puts your company’s good reputation at risk. What can and should you do when things turn nasty?

    Read more…

  • Use Your Employment Contract to Protect Your Business

    Use Your Employment Contract to Protect Your Business

    This week we thought it would be worth sharing a cautionary tale with you regarding the impact a lack of an employment contract can have.

    Read more…

  • Who Owns Your Business Contacts held on Social Media?

    Who Owns Your Business Contacts held on Social Media?

    As a business owner, your contacts database is likely to be something that you guard closely. What about those contacts who are gathered through employee networking and stored on privately owned social media accounts? How do you prevent them disappearing out of the door at the same time as the employee leaves?

    Read more…

  • Tips on Managing Long-Term Employee Absence

    Tips on Managing Long-Term Employee Absence

    Managing long-term employee absence can present a real challenge to all businesses but particularly to small and medium sized companies. Whilst the financial burden of long-term absence can be managed through insurance schemes and statutory sick pay, the practical issue of “who performs this work?” presents a far larger challenge.

    Read more…

  • What’s More Important: The Contract or The Reality?

    What’s More Important:
    The Contract or The Reality?

    There have been two cases in recent months which have reinforced the need to ensure that your employment contract reflects the reality of the working relationship you have with your employees. We provide insight into these cases then guidance on employment contracts.

    Read more…

Get In Touch