Increase of qualifying period for unfair dismissal and introduction of Tribunal fees to “increase competitiveness”

On 3 October 2011 it was announced that the length of the unfair dismissal qualifying period would increase to 2 years and that fees would be introduced for bringing Employment Tribunal claims. […]

Read More… from Increase of qualifying period for unfair dismissal and introduction of Tribunal fees to “increase competitiveness”

Are your partners and LLP members really employees? Court raises spectre of employee liabilities

The Employment Tribunal found that an individual who had been a member of an LLP (paying tax and NI as a self employed person) should have been regarded as an employee. The individual in question was originally an employee who later entered into an arrangement where he received a fixed profit share (instead of a salary) and a variable profit share (instead of a bonus). […]

Read More… from Are your partners and LLP members really employees? Court raises spectre of employee liabilities

Carrying forward holiday entitlement accrued while on sick leave

The Employment Appeal Tribunal recently held that employees who accrue holidays during a period of sick leave will carry forward any untaken holiday entitlement to future holiday years automatically. It is not necessary for them to have formally notified an intention to take holiday. […]

Read More… from Carrying forward holiday entitlement accrued while on sick leave

Challenging the status of self-employed contractors

The Supreme Court has restated that the label that the parties apply to a work contract is not determinative of the worker’s status if it does not reflect the reality. The Court went on to say that a tribunal/court can disregard any express terms which do not reflect the actual intentions of the parties, even where there is no attempt to mislead. […]

Read More… from Challenging the status of self-employed contractors

Proposed new statutory residence test – some reflections

The consultation period relating to the proposed introduction of a statutory residence (and ordinary residence) test in the UK closed on the 9th September 2011. We are now awaiting the publication by the Government of a summary of responses. This will be followed by the publication of draft legislation for further consultation before the 2012 UK Budget in March next year. […]

Read More… from Proposed new statutory residence test – some reflections

Government to provide £250 million to employers for training to support apprenticeships

The government has announced a £250 million fund which is to be provided directly to employers. The purpose of this fund is to enable employers to develop vocational skills training programmes which are tailored to their needs. […]

Read More… from Government to provide £250 million to employers for training to support apprenticeships